How Much Does it Cost to Trademark a Slogan

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How Much Does it Cost to Trademark a Slogan

How Much Does it Cost to Trademark a Slogan is part of our Trademark Cost series.

Cost to Trademark a Slogan

There are three basic sets of fees related to getting a trademark on a slogan. The costs breakdown into (1) trademark search fees; (2) government filing fees; and (3) trademark attorney fees. For more information on trademarking a slogan, please see our how to trademark a slogan page.

Trademark Search Fees

Our flat fee for a trademark search is $300.

It is important to conduct a trademark search of existing trademarks before you file a trademark application. While some applicants choose to perform a search themselves, this is not advisable because a trademark search can be extremely complicated.  Also, failing to find a trademark that can affect your application can cost you a significant amount of time and money if your application fails and you receive a trademark cease and desist letter claiming trademark infringement.  As such, we highly recommend that you have a trademark lawyer perform the search.

Why You Need a Trademark Search

Part of the trademark application process includes a review by an Examining Attorney at the US Patent and Trademark Office. Among other things, the Examining Attorney will thoroughly search all existing trademarks. Your trademark cannot be the same as an existing trademark and it also cannot be so similar to an existing trademark that they it would be likely to cause confusion among consumers. By performing a trademark search before you file your application, you will know whether there are likely to be issues clearing your slogan with the Examining Attorney. This can save critical time and money in the application process.

Why You Should Hire an Attorney to Perform a Trademark Search

Some people choose to use a non-attorney search service, or even to perform the search themselves. This is a mistake. If you do not have experience performing trademark searches, you might not be able to find all possible trademarks that your slogan could infringe upon. It is also important to get an attorney’s opinion about whether your slogan is likely to be confused with an existing slogan. This is a legal standard, and it will be reviewed by an attorney at the USPTO. A non-attorney search service cannot give you a legal opinion on this critical issue.

This is an important investment that can save you time and money in the application process and help ensure that your slogan is given all the protection available under trademark law.

Government Filing Fees

The government filing fee for a trademark application is typically $225 per class.

The United States Patent and Trademark Office (USPTO) charges applicants a filing fee based upon the type of application that is filed through the Trademark Electronic Application System (TEAS):

  • The TEAS Plus application has a lower filing fee, but more requirements. This means that not all applicants will be eligible to file a TEAS Plus application. The current filing fee is $225.
  • The TEAS Standard application has a higher filing fee and fewer eligibility requirements than a TEAS Plus application. The current filing fee is $275.

It is important to be sure you are filing the correct type of application, as filing the wrong application can delay the trademark process. Importantly, you are not entitled to a refund of your filing fee if you make a mistake on your trademark application.

Attorneys’ Fees

Our professional flat fee to prepare and file a trademark application is $650.

The USPTO requires non-U.S. residents to use an attorney when filing a trademark application. United States residents can apply without a trademark attorney, but the USPTO advises them to use one. This recommendation is due to the fact that there are many different legal issues that can arise during the trademark application process and small mistakes can lead to big problems. Infringing on an existing trademark is only one possible reason your application could be denied. Your slogan must also be distinctive enough to distinguish your brand from other brands. You must give notice of your trademark application through the Official Gazette and, if a trademark opposition is filed, you must handle it with the Trademark Trial and Appeal Board.

Attorney’s fees are an investment in your trademark that will help ensure that your business slogan has legal protection. They can reduce the time and money it takes to avail yourself of these protections by registering your trademark and you will be sure that it is done correctly the first time.

The Cost if you Don’t Trademark your Slogan

While it might seem expensive to trademark a slogan, it is important to recognize the hidden costs associated with failure to trademark a slogan. Many business owners rely on brand recognition as a valuable corporate asset. For many companies, this distinction is what helps customers choose them over the competition. Do not underestimate the value of brand recognition in a unique slogan. These are very real assets, and the value of your slogan will depreciate to $0 if a competitor is allowed to use your slogan to promote their own business.

There is also a cost associated with using low-cost legal service providers. Usually these companies operate with little regulation and no attorney oversight. If, for example, you pay for a trademark search, you don’t know who is performing the search and it is unlikely to be a trademark attorney. If the person performing the search has little experience, the search will have little value.  Instead, it may only lead to a trademark application that will expose you to a claim of trademark infringement.

Even if the search provider is able to find all the relevant results, they might not be able to accurately interpret the data. Only a trademark attorney can give you an opinion about the legal standard for trademark clearance and whether your slogan is likely to be cleared by an Examining Attorney at the USPTO.

Contact Us

For any questions about the cost to trademark a slogan, please contact us.

 

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