How Much Does it Cost to Register a Trademark?
The average cost (i.e., legal fees) for a lawyer to register a trademark for a client is $1120.00 on a flat fee basis. This cost points come from recent trademark registration projects on the ContractsCounsel platform and are averages from across all US states.
See Trademark application Pricing by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Other costs to budget for related to trademark registration:
- USPTO Filing Fees. It will cost between $250 - $350 per class in filing fees to register a trademark with the USPTO, depending on which filing method you select.
- Trademark Search Cost. Trademark searches can cost between $300 - $1,000. These are done to make sure a mark isn't in use before filing for a trademark.
- Office Action Responses. Filing responses to office actions can cost between $300 - $1,500 in legal fees. Sometimes the USPTO will issue an office action that you need to respond to.
- Monitoring and Enforcement. Trademark monitoring can range from $300 - $1,000 per year, which is when you monitor to make sure no one is using your mark. Sending a trademark cease and desist letter can range from $500 - $1,500, which you may need to do if you find someone using your mark.
- Maintenance and Renewals. Renewing a trademark is typically $225 - $525 per class, depending on the renwal year.
What is a Trademark?
A trademark aims to set the dealer apart from other traders by identifying the business's goods or services. Since it not only identifies a trader but also informs customers that the goods or services carrying the mark are from a distinct source that can remain distinguished from all other sources, a trademark is crucial to the success of any business. Trademarks and service marks are both frequently referred to as trademarks. The difference between a trademark and a service mark is pretty slight, and these marks are the same. A trademark advertises items or products, whereas a business mark advertises services.
Furthermore, "trademarks" and "service marks" are frequently used to describe service marks. The word "T.M." signifies that the mark is used as a trademark by the company. It doesn't mean the brand gets protected by trademark law or registered. Although using any of the symbols is optional, there are two significant benefits to doing so. The terms "trademark," " copyright," and "patent" are used simultaneously. Different types of intangible property, such as patents, trademarks, and copyrights, may be bought and sold, licensed, or otherwise utilized for financial gain.
While copyrights protect the original works of authorship, like paintings, computer programs, sculptures, and architectural designs, patents protect discoveries and innovations. Trademarks do not in any way safeguard originality or ingenuity. In reality, a trademark can be secured without originality or creativity on the owner's part.
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Trademark Registration Process
Owners of trademarks can register their marks federally with the USPTO. Applications may be submitted with or without the intention of using them. However, the USPTO will not grant a trademark registration before the applicant submits a statement of use of the mark in commerce and proof of use is presented and accepted. For registrations based on non-US registrations made under international treaties, there is a narrow exception to this provision. However, foreign businesses must still provide evidence of usage between the fifth and sixth years following the registration issue date.
Once the three-year statutory period from the registration date has expired, other parties may also file a petition to have- the registration canceled on the grounds of abandonment by non-use. A trademark holder may submit a registration request if the mark is genuinely used in commerce at the time of the application for federal registration. A USPTO trademark investigator assigned to this application is in charge of managing its prosecution. Registration should be issued between 12 and 18 months after the application is filed if the examiner: does not disagree with the application as filed, no third parties file extensions of time to resist, and no oppositions are lodged.
The USPTO initiates office actions to notify the applicant of those issues and invite the applicant to react if the examiner decides there are problems with the registrability of the applied-for mark. Additionally, if an applicant genuinely intends to utilize the mark in commerce, the USPTO will accept their application for trademark registration. Although the applicant does not have to provide a statement of use until it starts using the mark in commerce, the execution of those applications is generally comparable to usage-based applications. The USPTO will issue a notice of approval after the opposition period has ended if the statement of use is not submitted and accepted before the investigator approves the mark for publication. Following that, the applicant has six months to submit a statement of use, proof of usage, or a request for an extension of time. The deadline for submitting statements of use may get extended up to five times for six months. A new trademark application costs US$350 per class when submitted using the Trademark Electronic Application System (TEAS) form and US$250 when submitted using the TEAS Plus form.
The USPTO does not accept paper trademark filings. All trademark petitioners with foreign domiciles are required by the USPTO to be represented by an attorney who is admitted to practice law in the United States.
Key Terms
- Acquired Distinctiveness: Even when a trademark is initially explanatory and thus unregistrable, it is likely to modify this by using the mark in the marketplace, originally as a common-law mark.
- Blackout Period: A blackout duration is the time gap between the U.S. Trademark and Patent Office authorizing a trademark and the date when the headquarters allocates a Notice of Allowance. During a blackout term, applicants should not register for an Allegation of Use.
- Certificate of Registration: The authorized trademark registration paper from the U.S. Patent and Trademark Office.
Conclusion
In a nutshell, the U.S. Patent and Trademark Office (USPTO) in the U.S. does not definitively give the right to a mark unless the USPTO has proof of ongoing usage in commerce and the relevant geographic area. Or without the applicant stating that he has a "good faith intention" to use the mark in the case of an international submission. Once a trademark is registered with the USPTO, the owner is presumed to be the valid owner of the mark and has exclusive right to use the mark in connection with the goods or services listed in the registration.
Only marks used in the United States or its regions or those based on a foreign registration granted in the applicant's place of residence are eligible for this registration. So if you are looking for a lawyer to help you with your trademark registration, it is time to consult our attorneys at ContractsCounsel.
