how much a lawyer costs for trademark

by Prof. Trever Schowalter 6 min read

The typical range for a trademark attorney's hourly rate will be between $225 on the low end and over $500 on the high end. For trademark registration services, lawyers who bill flat-rate charge anywhere from $750 to $3000 or more to handle the trademark search and trademark registration process.May 5, 2022

Full Answer

How much does a trademark attorney earn?

How much does a Trademark Attorney make in the United States? The average Trademark Attorney salary in the United States is $106,603 as of November 29, 2021, but the salary range typically falls between $90,913 and $137,879.Salary ranges can vary widely depending on many important factors, including education, certifications, additional skills, the number of years you have spent in your ...

How much do trademark attorneys charge?

  • Provide the owner’s name, address, and email;
  • Allow the Trademark Office to contact and correspond with you via email;
  • Use a description of your goods or services that complies with the USPTO’s Acceptable Identification of Goods and Services Manual;

More items...

How to find a good trademark attorney?

  • Are they specialized in trademark law? ...
  • Will they treat you as a partner? ...
  • Do they have a reputation for honesty and solid service? ...
  • Is the attorney personable? ...
  • How long have they been in business? ...
  • Are they willing to seek out-of-court solutions? ...
  • Are they local? ...
  • What Does Registration Cost? ...

How much a trademark litigation will cost?

You pay a fee for each class of goods or services in your application. The more classes of goods or services you include, the higher the cost. For example, if you’re filing a TEAS Standard initial application, you’ll pay $350 per class of goods or services. If you have two classes of goods, then you’ll pay $700 ($350 plus $350).

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How much does it cost to hire a trademark attorney?

In addition, often you can find trademark attorneys who offer services for a flat fee. Further, averages indicate that hiring a trademark can cost $1,000 – $2,000.

What does "actual use of a trademark in commerce" mean?

Actual use of a trademark in commerce means you have already used the name in commerce, within the United States, in relation to the goods or services you seek to register your mark. Where you have already used the name in commerce, you will file for a Section 1 (a) filing basis. Conversely, if you have not yet used the mark in commerce, ...

How much does it cost to file a Section 1A?

When filing a Section 1 (a) application based on use in commerce, the application will not cost you more than the filing fee of $225 or $275. However, where you are not yet using the mark in commerce and have opted to file a Section 1 (b) application based on your future intent to use the mark in commerce, there are additional fees.

Why do you need a trademark search?

As a result, a trademark search is vital in preventing the potential for you or your company to face expensive and unnecessary litigation. So when thinking of the cost to trademark a business name, thing first of paying an attorney to handle your trademark.

What is the most important step a person or company can take to protect its brand in the United States?

Perhaps one of the most important steps a person or company can take to protect its brand in the United States is to secure a federally registered tradem ark with the United States Patent and Trademark Office (“USPTO”).

How much does it cost to register a trademark?

The U.S. Patent and Trademark Office (USPTO) will charge anywhere between $225 to $400 to register a trademark for a name depending on the method you choose and the class of your business.

How much does it cost to trademark a name?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees.

What is a trademark lawyer?

An experienced trademark lawyer understands the trademarking process and knows exactly what it takes to be approved. Lawyers will significantly reduce your risk of rejection due to an incomplete or improperly filed application. Attorneys can also suggest potential changes to make your trademark stronger.

What is the difference between copyright and trademark?

Copyright. While a trademark and copyright are similar in that they both protect critical aspects of a business or original piece of work, they differ in regards to the type of asset involved. A trademark protects an item that defines a company or brand, such as a phrase, design, or symbol.

What is a special form mark?

A special form mark -- In comparison, this option is required when your logo consists of a specific font, design, or a combination of the two.

How much does it cost to get a copyright?

However, depending on the method and application, the rate ranges from $35 to $85. In other cases, copyright costs are significantly higher.

What is a standard character mark?

A standard character mark -- This protects a specific arrangement of number or letters, for example, Coca-Cola. In this case, your mark will be protected no matter how the text is displayed. If your logo only consists of your business name or slogan, a standard character mark is ideal.

How much does it cost to get a trademark?

The government filing fee for a trademark application is generally $250 per class. So a trademark attorney cost is typically made up of three elements: the search, the application and the government fee.

What is standard fee for trademark?

The standard fee covers an actual use application. That is an application to register a trademark that is currently being used for the sale of goods and services . However, if your business wants to use a trademark in the near future, then an intent-to-use application can be filed.

How long does it take to get a USPTO registration number?

The whole process takes about nine months, assuming there are no complications. There is a backlog, so the examining attorney often does not begin review until three or four months after the application is filed. The process is complete when a registration number is issued by the USPTO.

Why do we need to do a trademark search?

Trademark searches are necessary to ensure that your proposed trademark is not already in use or registered and that your proposed trademark is not too similar to a trademark already in use. The USPTO must follow all legal requirements for trademark registration.

How much does it cost to file 041?

If you provide educational or entertainment services that is Class 041. The USPTO government filing fee is generally $250 per class. After the application is filed, it is processed by an examining attorney at the Trademark Office. The whole process takes about nine months, assuming there are no complications.

How long does a trademark stay in the USPTO?

As noted, all proposed trademarks that are not withdrawn are published in the USPTO’s Official Gazette for thirty days.

When is the first renewal deadline for trademarks?

The first renewal deadline is between the fifth and sixth year anniversary of the registration.

What are Some Factors Used When Determining Trademark Lawyer Fees?

In general, trademark lawyer fees depend on a number of the same factors that one would use to calculate attorney fees for a lawyer across many different fields of law. Some of these factors may potentially include the following:

What Services Do Trademark Lawyers Typically Provide?

Trademark lawyers typically provide specific legal services since this particular area of law is so specialized. Some common examples of the types of services that trademark lawyers usually provide include:

Are There Any Advantages to Hiring a Trademark Attorney?

Similar to patents, the process to register a trademark can be very difficult without the help of a trademark attorney. Unlike the average cost of patent lawyer, however, the good news is that the average cost of trademark attorney is typically less than the rate for a patent lawyer.

Should I Hire a Trademark Attorney?

If you need help with registering a trademark for your business or if you want to file a lawsuit against another party for infringing on an existing trademark, you should speak to a local trademark lawyer immediately for further legal advice.

How Can a Lawyer Assist You in Filing a Trademark?

Trademark attorneys have a vast knowledge of the trademark protection law. For this reason, they can help you register your ideas on a state or federal level with minimal complications. Whether you need to trademark a business logo, slogan, domain, or name, the primary purpose of an attorney is to make the registration procedure go smoothly.

How High Can Trademark Lawyer Fees Be?

The legal fee standards differ, but most professionals do not charge below $150 to $350 per hour. The total cost of a trademark attorney depends on three factors:

What Other Costs Does Trademark Registration Entail?

Besides the attorney fees, you should be mindful of other expenses that the trademark registration procedure entails. The following table lists most of them:

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Benefits of Working with a Trademark Attorney

Gerben Law Firm has registered over 4,500 trademarks since opening our doors in 2008. We work with clients from all 50 states, and, from 30+ countries around the world. Contact us today for a free consultation with a trademark attorney.

Additional Services Offered

While many business owners focus only on obtaining a trademark registration, what happens following registration is often just as important. From monitoring your trademark’s use to meeting renewals deadlines, it is essential to maintain your trademark ownership.

Hiring a Trademark Attorney

The value of working with an experienced trademark attorney far outweighs the cost. Gerben Law Firm offers an affordable, flat fee trademark registration package that includes not only a comprehensive trademark search, but an attorney consultation, application preparation and submission, and managing most non-substantive Office Actions as well.

Trademark Services Price Listings

NexTrend Legal and its trademark attorneys offer affordable trademark attorney fees for a variety of trademark legal services. Registering a federal trademark is a federal matter.

Miscellaneous Trademark Services

Our trademark attorneys handle a diverse range to trademark matters. If your matter or issue is not listed above, please click on “Learn More” and fill out our information form. A trademark attorney will review your trademark matter and contact you within one business day.

Contact Our Trademark Attorneys

If you have a federal trademark matter or issue, please send us an email, fill out one of our trademark information forms, or give us a call at 904-746-4745.

How many marks can be filed per application?

There are certain factors used to calculate the filing fee for an initial application, and you should be familiar with these factors before accessing the new application forms: Number of marks: Only one mark may be filed per application. If you have multiple marks, they require separate applications, each with its own filing fee.

Do you have to pay for each class of goods and services in an application?

If you have multiple marks, they require separate applications, each with its own filing fee. Number of classes: You must pay for each class of goods and/or services in the application. For example, if the application is for one mark but the mark is used on goods in two different classes, such as computer software in Class 9 ...

Is USPTO fee refunded?

Fees paid are generally not refunded by the USPTO. Registration is not automatic and requires legal review by an examining attorney. Please take all necessary steps to ensure your mark is entitled to receive a trademark registration before filing an application.

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