how much does a lawyer charge to register a trademark

by Prof. Esteban Zemlak DDS 7 min read

The typical range for a trademark attorney hourly rate will be between $225 on the low end and over $500 on the high end. For trademark registration services, lawyers that bill flat-rate charge anywhere from $750 to $3000 or more for handling the trademark search and the trademark registration process.Oct 5, 2020

How much does it cost to register a trademark?

Jun 24, 2020 · When you file a trademark using a lawyer, the fee can be anywhere from $1,500 to $2,000. You'll get personalized feedback on your trademark that you're registering, and they can perform a detailed search including internet, web domains, and state level.

What is the government filing fee for a trademark?

Hiring a trademark attorney to register a trademark with the US Patent & Trademark Office (“USPTO”) is not excessively expensive. For trademark applications, our flat fees are: $400 for a trademark search reported in a two-three page memo; and $950 for filing a trademark application including basic follow up through registration

How much is a trademark federal filing fee?

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. If you hire our firm we charge $475 to file a trademark under one class. $475, plus …

What is the cost of international trademark registration?

Feb 14, 2017 · What you’re really paying a trademark lawyer for is the professional, legal interpretation of the results, the likelihood of confusion, and the defensibility your trademark. Knowing What You Need Most attorneys bill by the hour. As with many professions, there is no predictable standard. Rates typically range from $150-to-$350 an hour.

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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.

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 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.

How much does it cost to file a trademark?

How Much is the US Government Trademark Filing Fee? 1 $225 or $275 per class 2 So, total with trademark attorney is $700 for one trademark under one class.

How much more likely are you to get a trademark if you use a trademark attorney?

According to a study published in Stanford Technology Law Review, and as reported by the Wall Street Journal, trademark applicants are 50% more likely to receive a registration if they use a trademark attorney.

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 a TEAS application?

In addition, a regular TEAS Application allows you to list the goods or services under your own description. However, an Examining Attorney may require you to be more specific with your description in a future Office action.

What is the USPTO's responsibility for trademarks?

Specifically, the USPTO requires the trademark holder to monitor and police the protection of their mark – meaning any unauthorized use or “genericization.” The USPTO will handle claims to put a stop to unauthorized use, but it’s up to you as the trademark holder to be aware of it.

Who is Josh Gerben?

Josh Gerben, Esq. is the founder and principal of Gerben Law Firm. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 5,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.

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 logo?

Trademark Logo Cost. The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) ranges from $225 to $600 plus legal fees depending on the filing class. When you aim to distinguish your business from your competitors, your logo is one of the most important elements.

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.

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.

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 file a statement of use?

The government fee to file a Statement of Use is $ 100 for each class of goods or services in the application. The attorney fees to prepare and file a Statement of Use vary, but are normally between $250 and $700, depending on the number of classes in the application and how difficult it was to obtain and prepare images showing your use ...

How many classes are there in the USPTO?

All goods and services are divided into 45 classes . The USPTO has a pre-set list of specific goods and services, or you can enter them in any text you choose. The government fees to file a new trademark application are either $ 225 per class if you choose your goods and services from the pre-set list, file electronically, ...

What is an office action letter?

The examiner will frequently issue an official letter (called an Office Action) refusing your application. Some refusals are easy to overcome; some are very difficult to overcome and require legal research and preparing formal legal arguments. There are no government fees required to respond to an Office Action.

How long does it take to get a statement of use?

If you haven’t yet sold anything under the trademark, then you will normally need to file a Statement of Use at the end of the application process, normally about 9-12 months after filing the application . The government fee to file a Statement of Use is $ 100 for each class of goods or services in the application.

Can I register a trademark in the US?

You can also register a trademark in most U.S. states. A state registration is easier and less expensive, but is also less useful. Given the ubiquity and visibility of the Internet, most business owners will be much better off seeking a federal trademark registration. You can only register a trademark for the specific goods and services ...

SO, HOW MUCH DOES IT COST TO OBTAIN A TRADEMARK

The cost to register a trademark with the United States Patent and Trademark Office (USPTO) will be a function of the following:

GOVERNMENT FILING FEES ASSOCIATED WITH REGISTERING A TRADEMARK

The USPTO charges a flat fee of either $250.00 or $350.00 PER CLASS OF GOODS. This means that the USPTO doesn’t charge the applicant, per trademark, but rather according to how many different types of goods/services the applicant intends on selling under the trademark.

LEGAL FEES ASSOCIATED WITH REGISTERING A TRADEMARK

There is unfortunately uniform or “market price” for how much a trademark attorney may charge for filing a trademark application but it is our law firm’s very strong belief that trademark filings must be charged on a flat fee basis, rather than on an hourly basis (which can get out of hand quickly).

FINAL COST TO OBTAIN A TRADEMARK REGISTRATION

Assuming that you are already using the trademark in commerce and do not need to file an intent to use application, the cost for filing a trademark is a flat fee of $650 + Gov. Filing Fees of either $225 or $275 per class of goods.

TRADEMARK REGISTRATION APPLICATION FEE

The fee for a Trademark Electronic Application System Standard (TEAS Standard) application has been increased from $275 to $350 per class, which means an additional $75. Simultaneously, the TEAS Plus application charges has soared to $250 from$225, increasing by $25.

TRADEMARK TRIAL AND APPEAL BOARD (TTAB) FEE SCHEDULE

Below is a TTAB fees structure for applications filed via Electronic System for Trademark Trials and Appeals (ESTTA) that can vary between $25 to $200

Speak with a Trademark Attorney

Registering your trademark correctly from the start is important. Please feel free to reach out and request to speak with one of our trademark attorneys to discuss your idea. We’re here to help.

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