Trademark Cost

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Trademark Cost

There are a number of factors that go into calculating trademark cost, which can be confusing to first time trademark application filers.  For more information on filing a trademark you can see our how to trademark page.

How Much Does a Trademark Cost

When calculating trademark registration fees, there are two types of fees and costs to consider.

First, there are the basic filing fees charged by the USPTO. These include the initial filing fee that is paid when submitting a trademark application and fees for things like a statement of use or request for extension.  After the trademark registers, there are renewal fees that must be paid between the 5th and 6th year and each 10th year after registration.

Secondly, there are attorney fees, which can be broken further down into costs for trademark searches and costs for filing the trademark application. Attorney fees are not mandatory, but can be highly beneficial to trademark owners. While it is possible to file your own trademark application, working with an attorney can increase the likelihood of success by more than 50%.

Trademark Filing Fee

The US Trademark Office has four different application forms. Each form has a different filing fee associated with it.

Most people will opt to file the lowest cost application, the TEAS Plus Form. This form costs $225 per class of good or service. The TEAS Plus form can be used when the owner is prepared to file a complete application with no amendments. The applicant must accurately list the classes of goods or services in which products bearing their mark will compete. If a specific description is not already listed in the Trademark ID Manual, however, the trademark cannot be registered using the TEAS Plus form.

The TEAS RF filing fee is $275 per class of goods or services. This form can be used if you plan on making additional statements after you submit your application, or if you want to suggest a description that is not currently listed under a class of goods or services.

The TEAS Regular filing fee is $400 per class of goods or services. Paying this filing fee allows the owner to submit paper information to the trademark office, submit additional statements after filing the initial form, and submit additional descriptions of goods and services.

Finally, the Trademark Office will accept paper applications. Using this form costs $600, and may lead to significant delays in processing a trademark application.

Submitting the TEAS Plus form not only offers the lowest cost option for registering a trademark, it is also the quickest way to have a trademark registered.

Trademark Attorney Flat Fee

We offer flat fees to register trademarks and to conduct trademark searches. Flat fees offer protection to our clients. By agreeing to a flat rate up front for transactional work, our clients are not surprised down the road by large bills.

We offer a flat fee of $300 to conduct a trademark search, where our attorneys spend an hour searching for similar trademarks and prepare a two-page memo detailing the results. We also conduct comprehensive trademark searches for a flat fee of $1,250, which includes a search report from a professional search company.

Our firm charges a flat fee of $575 to file a trademark application which includes basic follow up through registration.

In addition to increasing the likelihood of success of your initial application, working with an trademark attorney can significantly reduce the timeline to register your trademark, as well as reducing the chances of committing trademark infringement.  Thus the chances of being involved in trademark litigation are also greatly reduced.

USPTO Trademark Fees

The United States Patent and Trademark Office (USPTO) lists its trademark fee schedules online. These filing fees represent the cost for each trademark for each class of goods or services. To calculate the USPTO filing fee, multiply the numbers listed below by each class in which the trademark is filed.

If you file your trademark as an intent-to-use application, meaning that you want to reserve the trademark for future use, you will need to pay an additional filing fee once you use the trademark in commerce. For TEAS Plus, TEAS RF, and TEAS Regular filers, this additional fee is $100. For people who submit a paper application, the additional fee is $200.

If after the trademark is approved the intent to use applicant is not ready to file a statement of use, you can pay $125 to file a request for extension.  This request can be filed every six months up to a total of 5 times. Depending on your application, this may be an amendment to allege use under §1(c) or a statement of use under §1(d)(1).

After your trademark has been registered for five years, you will need to file an affidavit demonstrating continued use of the trademark in commerce, known as a §8 affidavit, which costs $125 per class. At this time, you can also apply for incontestability, which increases the strength of your trademark and makes bringing future trademark litigation easier. This document, known as a §15 affidavit, costs $200 per class.

After your trademark has been registered for 10 years, and every decade later, you will need to file another §8 affidavit demonstrating continued use, which currently costs $125 per class, and an application for renewal of the trademark, under §9, which currently costs $300 per class.

If the trademark owner does not file their §8 or §9 applications on time, there is a six-month grace period to file. The fee to file an application during this window is an additional $100 per class.  If the renewals are not timely filed, the registration will abandon.

Although the USPTO has significant resources available online to assist applicants through the trademark search and registration process, it cannot conduct a trademark search for applicants, nor can it provide legal advice if an examining attorney issues an Office Action in response to a trademark application.

Trademark Fees and Costs

How Much Does it Cost to Trademark Something?

Trademark costs is a little like ordering a pizza. The total cost depends on how many, and what type of toppings you add to your pie. The basic trademark application is $225. This application uses the TEAS Plus form to register a single trademark in a single class of goods or services.  If the trademark is used in separate classes of goods and services, the filing fee will increase.

For example, a restaurant may register its name in Class 43, covering food and beverage establishments, which costs $225. When the restaurant starts selling t-shirts, it may also register its trademark in Class 25, covering clothing. This additional class would increase the trademark cost by another $225.  These fees do not include the cost for an attorney to conduct a trademark search or file the trademark application.

How Much Does it Cost to Trademark a Name?

The cost and process to trademark a name is relatively straightforward. Names that are already being used in commerce can generally be registered on the TEAS Plus application form for $225. If the name belongs to a real person, you will need to make sure to indicate that you have permission from that person, or that you are the person, before submitting the application. This will ensure that you remain eligible to use the TEAS Plus form and the lower cost.

You will also need to consider the categories of goods and services in which you want your name registered. Each class will cost an additional $225, at minimum, to trademark the name. This additional protection can be worth it, especially for artists, musicians, or other creative people who need to rely on trademark protection for their personal brands. For example, artists may register their name in Class 9, protecting digital downloads of their prints, as well as Class 16, if they sell physical photographs or posters. This application would then cost $450 to file.

How Much Does it Cost to Trademark a Logo?

Filing a trademark application for a logo will cost at least $225 per class, if the logo can be registered using the TEAS Plus form.

Although the same forms and fees are available for logos as word marks, registering a logo can take additional time and can be more difficult. The Trademark Offices assigns codes to logos and other images, based on their design elements. Logo owners can use the design search code when conducting their trademark search before submitting their trademark application, in order to ensure someone else is not already using a similar logo.

Additionally, when trademarking a logo, it is important to list the design elements and colors, if applicable, in the trademark application. This takes time and requires attention to detail, but is the best way to ensure that your logo is protected.

How Much Does it Cost to Trademark a Phrase?

The basic cost to trademark a phrase is $225, if the owner of the trademark uses the TEAS Plus application form and only registers a trademark in one class of goods or services. This cost will increase by $100 when a statement of use is filed if the phrase is initially registered as an intent-to-use trademark.

For companies producing novelty t-shirts or coffee mugs carrying funny phrases, it may filing the trademark application in multiple classes.  Celebrities who coin popular catchphrases often invest quite a bit of money in registering their phrases under several different classes. Michael Buffer, known for his catchphrase “let’s get ready to rumble,” has made millions of dollars from sales of merchandise carrying his trademarked phrase.  For more information see how much does it cost to trademark a phrase.

How Much Does it Cost to Trademark a Business Name?

Trademarking a business name will cost at least $225. Many businesses will only need to register in one class of goods or services. A roofing company, for example, would probably only need to register its business name in Class 37. The company is not making anything or selling merchandise, it only provides one specific service.

On the other hand, manufacturers may want to register their business name in multiple classes, especially if they advertise their wares to the public. In this situation, the cost would increase, because the manufacturer would file their application selecting each appropriate class of goods bearing their name.  A manufacturer may also decide to register in Class 35, which covers retail stores and wholesale outlets. For this manufacturer, the cost to trademark their business name would be at least $450 because they are registered in two trademark classes.  For more information, see how much does it cost to trademark a business name.

How Much Does it Cost to Trademark a Band Name?

The basic cost to file an application for a band name is also $225. This is the cost to file the TEAS Plus form for a band name that is already being used. However, depending on what type of merchandise your band is selling, it may make sense to seek additional protection, which would increase the filing fee.

If the band sells CDs or downloadable MP3s, it may decide to register the band name in Class 9, which covers audio files. A band that sells t-shirts or other types of clothing may want to include Class 25, which includes most types of clothing and hats.

A band that only plays live shows may only register for a service mark in Class 41, which covers live entertainment services. A band that is just starting out may decide to only register their name as a word trademark in this single category. A word trademark will protect the name and allow the band to use it in any font or color.  As the band increases in popularity and begins to sell their music or even merchandise with their name on it, it may decide to invest in additional trademark protection.  Regardless, the sooner you file in all planned classes the better.

How Much Does it Cost to Trademark a Slogan?

A slogan can be trademarked for as low as $225, if the applicant uses the TEAS Plus application form. Depending on how the slogan is used, the owner of the trademark may decide to register the trademark in multiple classes of goods or services, to maximize their trademark protection.

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If you have a question regarding trademark costs, please contact us today.

 

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