How Much Does it Cost to Trademark Something

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How Much Does it Cost to Trademark Something

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

While the cost of a trademark question seems simple on the surface, there are a variety of factors that can affect the overall cost of your trademark registration.   To reduce the costs, it is important to be as thorough in your application as possible. A trademark search should also be utilized to ensure you’re not infringing upon another company’s trademark.

How Much Does a Trademark Search Cost?

Although not a mandatory step in the filing process, performing a trademark search prior to submitting a trademark application is vital.  The Trademark Electronic Search System (TESS) allows you to perform a search on your own. Unfortunately, issues can arise with these searches that often render them ineffective.  Here are just a few of the problems you may encounter when performing your own trademark search:

  • Common law issues: Not all trademarks are registered with the United States Patent and Trademark Office (USPTO). It is possible to have some trademark protection through common law trademark
  • User inexperience: The USPTO database is complex and stores everything from trademarked slogans and names to intricate logo designs. These can be difficult to search.
  • Trademark class concerns: While trademarks are placed into trademark classes, trademarks used in different classes can still cause confusion.
  • Likelihood of confusion: Trademarks do not have to be exactly the same for a likelihood of confusion to exist. Inexperienced users won’t know how to search for similar

Due to these concerns, we recommend that you only have a trademark lawyer do your trademark search.  For more information about our fees for a trademark search, please see our trademark cost page.

How Much Does a Trademark Attorney Cost?

Similar to trademark searches, this price can vary dependent on a variety of factors.  Many trademark law firms offer their services in the range of $1,500-$2,000 for filing a trademark application. In most cases, this doesn’t include the mandatory government filing fees or a trademark search.

We offer flat fees to file trademark applications.  For our flat fee, please see our trademark cost page. This includes up to 3 trademark classes if applicable, but the government fees increase on a per-class basis.

How Much are USPTO Trademark Filing Fees?

TEAS Filing Fees

The first USPTO trademark filing fees you should be concerned with are those paid through the Trademark Electronic Application System (TEAS). This fee ranges from $225 to $400. What you pay is contingent on the amount of information you provide in the application and your willingness to meet filing requirements upfront.

Here are the TEAS filing fee tiers:

  • TEAS Plus: The lowest cost option at $225, but it has the strictest submission requirements. All information and fees should be submitted, and you must agree to email communication and electronic submissions.
  • TEAS RF: This reduced fee filing option is $275. It’s less strict than TEAS Plus, but you must still agree to email communication and electronic submissions.
  • TEAS Regular: This filing option is $400. None of additional requirements of TEAS RF or TEAS Plus are necessary.

These filing fees are per class. You are only required to file under one class, but if your product or service falls under multiple classes, your application should reflect this fact. While this means a little research may be necessary to learn how much it costs to trademark something, it’s well worth the effort to have full intellectual property protection.

Use in Commerce Filing Fees

A trademark application based on use in commerce typically faces no additional fees after filing. To qualify for this registration type, you must include information regarding the first use of your trademark, a signed statement attesting to the trademark’s use, and an evidentiary specimen proving use of your trademark in each applied-for class.

Intent to Use Filing Fees

If you’ve not yet used your trademark in commerce, you can still file an intent to use trademark application. It will go through the same process as those based on use in commerce, but instead of receiving a registration, you’ll first be issued a Notice of Allowance (NOA). You have six months from the notice’s issue date to file a Statement of Use (SOU) proving commercial usage. This filing costs $100 per class.

If you’re unable to use your trademark commercially within six months of the Notice of Allowance, you can request additional time to file. The USPTO trademark filing fee cost for each extension request is $125 per class. You can do this up to five times, but you may need to show good cause after the first extension approval. Your initial request must be submitted within six months of NOA receipt. Subsequent requests must be filed before a previous extension’s expiration.

Abandonment Fees

If you miss any deadline or fail to respond to examining trademark attorneys at the USPTO, your trademark will become abandoned. There’s a $100 fee to petition the government to revive your application and continue registration of an abandoned trademark and strict deadlines and rules apply when attempting to revive.

Trademark Maintenance Fees

Knowing how much it costs to trademark something doesn’t end at registration. Trademark status isn’t infinite, and you’re required to periodically file trademark renewals. Five to six years after initial registration, you’ll need to file a Section 8 declaration saying your trademark is still in use or explaining special circumstances preventing its use. This costs $125 per class.  You should also file a Section 15 to seek an incontestable trademark.

Nine to ten years after registration, a Section 8 declaration must be filed with a Section 9 renewal application. The combined cost is $425 per class. You’ll need to submit these two documents every 10 years from this point going forward. There’s a six-month grace period after each of these deadlines, but you’ll face additional fees per class if you renew during this phase.

USPTO Trademark Filing Fee Overview

There are a variety of fees you may encounter when registering your trademark, but these costs are minimal when compared to the alternative. The United States loses $600 billion due to counterfeit goods every year. This is likely why over $5 billion in damages were awarded in trademark cases between 2009 and 2017 – with over 86 percent being default judgments.

The law recognizes how invaluable trademarks can be, and this is why compensation is so often awarded. The USPTO trademark filing fees are typically negligible relative to your trademark’s value.

How to Trademark Something

After performing a trademark search to ensure your trademark isn’t currently in use, you’ll begin the application process in the TEAS system. Within four months, your file will be forwarded to an examining trademark attorney at the USPTO. If they have any objections, you’ll receive an Office Action. These notices give you the chance to correct any issues that would prevent your trademark from being registered. You have six months to respond to any non-final Office Action.

When all issues are remedied, you can expect the following:

  • Gazette publication: After attorney review, your trademark is published in the Official Gazette for a 30-day opposition period.
  • Potential oppositions: If anyone objects to the registration of your trademark, they could file a trademark opposition. The party involved must have standing – a direct interest in the trademark’s registration.
  • Notice receipt: If there’s no opposition – or an opposition has been resolved – your trademark will register within four months of receiving a Notice of Allowance and filing your statement of use.

For more information, please see our how to trademark something page.

After your trademark is registered, the onus of policing potential violations falls on you.  If trademark infringement occurs, a typical first step is a trademark cease and desist letter.

Contact Us

If you are interested in filing a trademark application, please feel free to contact us.

 

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