ContractsCounsel Logo
Home Blog Cost to Register Trademark

Jump to Section

ContractsCounsel has assisted 88 clients with trademarks and maintains a network of 89 intellectual property lawyers available daily. These lawyers collectively have 16 reviews to help you choose the best lawyer for your needs.

The cost to register a trademark varies depending on the category of goods or services, with filing fees ranging from $225 to $400. There is a specific cost to register a trademark in the country. A word, a number, a logo, or even a color scheme may perfectly express the essence of your brand, and a trademark registration with competent authorities can safeguard this identification. In addition, it is possible to use a trademark in the nation in which it is registered because trademark protection is dependent on the territory.

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.

Trademark Registration Cost

There is one type of trademark registrations in the USA—Federal trademarks. When a federal trademark request gets filed with the federal trademark office, the federal trademark office reviews the application to see whether any state databases have conflicting registrations. The filing fee currently ranges from $225 to $400, depending on the category of goods or services.

The trademark application will be given to an examining attorney after it has been filed, who will note any problems with it.

Depending on the type of products or services, the filing price ranges from $225 to $400. After filing, the trademark application will get submitted to an examining attorney, who will note any issues with the application.

Meet some lawyers on our platform

Forest H.

244 projects on CC
CC verified
View Profile

Sarah S.

35 projects on CC
CC verified
View Profile

Danny J.

13 projects on CC
CC verified
View Profile

Darryl S.

79 projects on CC
CC verified
View Profile

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.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need to file a trademark application?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,588 reviews

Meet some of our Lawyers

Igor B. on ContractsCounsel
View Igor
5.0 (3)
Member Since:
May 4, 2022

Igor B.

Attorney
Free Consultation
Atlanta, GA
14 Yrs Experience
Licensed in GA
Georgia State University College of Law

As a corporate lawyer, I have dealt with international transactions, complex litigation and arbitration, regulatory compliance, and multijurisdictional tax planning. In March 2021, I started my firm and shifted my professional focus to working with start-ups, small businesses, entrepreneurs, and families. I help my clients structure and run their businesses and take care of their assets, including intellectual property issues and estate planning for their families. I try to bring big law quality and small firm personal attention to every client.

Michael M. on ContractsCounsel
View Michael
4.9 (306)
Member Since:
September 10, 2022

Michael M.

Principal
Free Consultation
Los Angeles, CA
37 Yrs Experience
Licensed in CA
NYU

www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 and 2023, I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and number of 5 Star reviews.

Garrett M. on ContractsCounsel
View Garrett
4.9 (6)
Member Since:
June 15, 2023

Garrett M.

Attorney
Free Consultation
Cincinnati, Ohio
4 Yrs Experience
Licensed in KY, OH
University of Cincinnati College of Law

Attorney Garrett Mayleben's practice is focused on representing small businesses and the working people that make them profitable. He represents companies in structuring and negotiating merger, acquisition, and real estate transactions; guides emerging companies through the startup phase; and consults with business owners on corporate governance matters. Garrett also practices in employment law, copyright and trademark law, and civil litigation. Though industry agnostic, Garrett has particular experience representing medical, dental, veterinary, and chiropractic practices in various business transactions, transitions, and the structuring of related management service organizations (MSOs).

Melissa T. on ContractsCounsel
View Melissa
Member Since:
April 15, 2024

Melissa T.

In-House Counsel
Free Consultation
Hoboken, NJ
17 Yrs Experience
Licensed in NY
American University Washington College of Law

New York licensed attorney with 17 years of Commercial Real Estate. In-house since 2009. Generalist experience in many areas of law, including Corporate, Real Estate, Finance, Securities, Commercial, Litigation, Cybersecurity, Privacy, Labor, Landlord Tenant, Alternative Dispute Resolution, Transactions and Leasing, etc.

Rocio F. on ContractsCounsel
View Rocio
Member Since:
April 13, 2024

Rocio F.

Attorney
Free Consultation
Munster, Indiana
25 Yrs Experience
Licensed in IL
The John Marshall Law School

Skilled attorney with particular experience in investigations, document review, corporategovernance, FCPA matters, real estate and regulatory matters, excels at providing sound adviseand savvy solutions while ensuring the highest level of professionalism and integrity.

Justine F. on ContractsCounsel
View Justine
Member Since:
April 15, 2024

Justine F.

Real Estate Attorney
Free Consultation
Temecula CA
27 Yrs Experience
Licensed in CA, MI
University of Notre Dame Law

Versatile, analytical, detail-oriented California barred corporate attorney with a comprehensive real estate, transactional and finance background as in-house counsel to large real estate developers, asset and property management companies, Fortune 500 quick service retailers/restaurant franchisors and international energy franchisors (retail and gasoline/mini market). Strong analytical and problem-solving skills, work ethic and integrity. Enthusiastic and quick mastery of new responsibilities, technologies and business strategies.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need to file a trademark application?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,588 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Intellectual Property Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need to file a trademark application?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,588 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city