how much does a lawyer charge to trademark internationally

by Prof. Charley Hansen IV 8 min read

Direct Filing (via Local Attorney) Costs
The cost of filing a direct trademark application in any given country via a local attorney are about $1500-$2500. The cost will vary country by country (depending on the filing fee) and will vary depending on how much service and time you need from the local attorney.

How much does a trademark lawyer cost?

Jun 24, 2020 · How Much Does a Trademark Lawyer Cost? A trademark lawyer costs around $1,000 to $2,000 for the general trademark process, but disputes could cost the client an additional $300 $400 an hour. Some of the trademark lawyer costs you may see include: Filing fees for the trademark application. Government costs charged by the USPTO.

How much does it cost to register a trademark in Canada?

So, total with trademark attorney is $700 for one trademark under one class. Cost to trademark a business name under a TEAS Plus application = $225 per international class. To qualify for a TEAS Plus trademark application, the applicant must meet the necessary filing conditions by submitting with its application the following information:*

Why does the cost of registering a trademark vary from country to country?

A common question for trademark filers is how much does a trademark attorney cost. 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 …

Do I need a trademark attorney to register my business?

Oct 15, 2019 · Trademark attorney fees can vary widely, but you should expect to pay anywhere from $700 to $1000 for the entire application process. This cost will usually include the trademark search report, the TEAS plus fee, and any relevant attorney fee. Other Costs and Fees to …

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How much does it cost to trademark a name internationally?

You can file online for international trademark registration through TEAS for a filing fee of $100 per trademark class. Under a treaty called the Madrid Protocol, international trademark registration protects your mark in the 80 countries that are signatories, of which the U.S. is one.

Do trademarks law apply internationally?

No, a U.S. trademark registration will not protect your trademark in a foreign country. Trademarks are territorial and must be filed in each country where protection is sought.Oct 29, 2019

How do I file an international trademark?

Step 1: Apply to the appropriate National Trademark Office. The first step of the process entails applying to the right National Trademark Office for you. ... Step 2: Examination of trademark application by the WIPO. ... Step 3: Examination of trademark application by the National Trademark Office of each requested country.Jun 11, 2020

How much does it cost to trademark in USA?

between $250 and $750When filing an application to trademark your business name on a federal level through the USPTO, you should count on paying between $250 and $750. According to the USPTO website, the trademark fees you'll pay depend on: The number of trademarks you seek. The class of goods and services you intend to trademark.Mar 5, 2021

Are trademarks valid worldwide?

Are Trademarks Registered in India Valid Worldwide? Trademarks are granted on a territorial basis, and hence a trademark registered in India is not valid worldwide. Normally you would be required to undergo separate filing in each country where you intend to have your trademark protected.

Which international treaties deals with trademarks?

Mainly the treaties which help in the protection of trademark at international horizons are:The TRIPS Agreement (Agreement on Trade Related Aspects of Intellectual Property Rights) ... Berne or Paris Convention. ... Madrid Protocol. ... European Community Trademark (CTM)

How do I register my logo internationally?

In order to register your trademark internationally, there are two ways you can make your filings. One is through the Madrid Protocol, and the other is by hiring a local attorney in any individual country you would like rights and having that local attorney filing the application for you.

When should I file a international trademark?

When to File an International Trademark Ideally, you should submit your international trademark application as soon as possible, once your basic application with the USPTO has been filed. One reason to move swiftly is your priority date.Jan 14, 2019

Where can an international trademark registration be filed?

The application for International Trademark Registration is filed through World Intellectual Property Organization (WIPO) under Madrid Protocol. WIPO is the global forum for intellectual property (IP) service by United Nations, with 192 member states.

How much is a trademark for a logo?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

How much is a trademark in the Philippines?

The government fee for a trademark application in one (1) class is Two Thousand Five Hundred Ninety-Two Pesos (P2,592.00). If there are many classes, you just multiply the amount to the number of classes. If the trademark has color, then an additional Six Hundred Pesos (P600. 00) must be paid for each class.

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 to apply for a trademark in multiple countries?

One of the easiest ways to apply for a trademark in multiple countries at the same time is through the Madrid Protocol. This treaty allows one application to be submitted to multiple member countries simultaneously, eliminating the need for multiple versions of the application or your provision of different language translations. While not every nation in the world is part of the Madrid Protocol, the vast majority of them are; this results in the most streamlined filing option for a business pursuing business ventures abroad.

Why are international trademarks important?

Just like American registrations, international trademarks are key players in preventing infringement by outside parties, and they are incredibly useful in helping to settle domain disputes, as well as many other potential advantages.

How many trademarks does Gerben Law Firm have?

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.

Is the Madrid Protocol good for international trademarks?

There are some cases where the Madrid Protocol may not be a good option for international trademark filings. For example, if you only need to file in 1 or 2 countries, the cost of filing directly via a local attorney could be less than using the Protocol.

Is legal fees a part of trademark filing?

As noted above, legal fees are typically a significant portion of the costs of filing trademarks around the world. Though it may be tempting to forego hiring an attorney in order to keep costs low, it is to your advantage to make the upfront investment in trademark counsel to prevent costly mistakes down the road.

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 is a Federal Trademark?

A federal trademark is a brand name, symbol, logo, or phrase that identifies and distinguishes a specific service, product, or company from its competition.

USPTO Trademark Processing Fees

When you file your trademark application with the USPTO, you’ll have to pay several specific fees depending on the nature of your case.

Do I Need to Hire an Attorney?

Given that you can complete the entire trademark application process online, you may be wondering if you need to consult an attorney in the first place.

Other Costs and Fees to Look Out For

You should also take certain post-registration fees into account when calculating your trademark’s total cost.

Conclusion

Filing a basic, vanilla trademark without an attorney doesn’t cost a lot of money.

1. The Cost to Trademark a Name Depends on the Application Selected

For 2022, the cost to trademark a name is either $250 or $350, depending upon which one of two applications you select. For instance, the TEAS Plus application costs $250 per class of goods and/or services. However, if a custom description is necessary, use the TEAS Standard application for $350 per class of goods and/or services.

2. The Number of Classes Affects Costs

To start, there are 45 different International Classes of goods and/or services at the USPTO. The cost to file a trademark application does not depend on which Class you select; all International Classes are equal in cost. However, selecting multiple International Classes will dramatically increase your filing fees.

4. Future Trademark Filing Fees

Other factors, such as whether you are currently using your trademark to sell goods and/or services, and renewals can affect future fees. This section deals with future costs to trademark.

5. Conclusion and Recommendation

In short, the cost to file a trademark is $250 per class of goods and/or services. However, only if a custom description is necessary, is it $350 per class of goods and/or services. You can find out if you need a custom description by searching the Trademark Identification Manual.

Official fees

In order to register a trademark it is necessary to pay certain official fees, established by the legislator or other competent body. The actual amount payable varies depending on, for example:

Attorney fees for lawyers specializing in trademarks protection

Our lawyers’ fees cover our services which include mainly the following:

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.

Why is it expensive to register a trademark?

The cost of registering an international trademark varies from one place to another because each country can be territorial over trademark rights and registration. Brand owners with various lines of business will have higher costs than a local company that only has one product.

How many trademarks can you file under the Madrid Protocol?

A single application: When you use the Madrid Protocol, you only have to file one trademark application. This is much simpler than having to file individual applications for each country you wish to register in. No need to hire foreign trademark firms: You don't have to retain trademark counsel in numerous countries.

What is the application for the Madrid Protocol?

The application for the Madrid Protocol only requires an individual to identify goods and services in a way that's no more broad than how they're identified in the standard U.S. application. Some people may find this description too narrow. If you prefer a streamlined system, you might want to use the Madrid Protocol.

How many countries are in the Madrid Protocol?

Although over 100 countries currently belong to the Madrid Protocol, the specific country someone may want to register in may not be a member. For instance, as of 2017, Canada was not a member country in the Protocol.

Is the United States a member of the Madrid Protocol?

The United States is one of the member countries in the Madrid Protocol, along with more than 100 others. The international application makes the process of applying for foreign trademarks easier, but it's no guarantee that a particular country will accept your registration.

Is there an international trademark?

First, there isn't an “international trademark” that's accepted everywhere. There is, however, international registration. When you register a trademark with the U.S. Patent and Trademark Office, you have trademark protection throughout the United States. This trademark protection doesn't extend to other countries.

Does trademark protection extend to other countries?

This trademark protection doesn't extend to other countries. If you want to protect your mark abroad, you'll have to register it with the countries where you want protection. The Madrid Protocol allows trademark owners to register their marks in any of its member countries. Trademark owners only have to file a single application, ...

How much does it cost to register a trademark in Canada?

With the June 2019 changes to Canadian Trademark Law, the cost to register a trademark has increased. Prior to the changes, a basic trademark registration cost $250 and covered any number of goods and services. Now, however, registrants will pay a fee of $330, which will include one class of goods or services.

How many trademarks does Gerben Law Firm have?

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.

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Madrid Protocol Filing Costs

Direct Filing (via Local Attorney) Costs

  • There are some cases where the Madrid Protocol may not be a good option for international trademark filings. For example, if you only need to file in 1 or 2 countries, the cost of filing directly via a local attorney could be less than using the Protocol. The cost of filing a direct trademark application in any given country via a local attorney are about $1500-$2500. The cost will vary c…
See more on gerbenlaw.com

European Union Trademark Filing Costs

  • Another strong option to consider when filing internationally is to file an “EUTM.” An EUTM (European Trademark) is one trademark registration that covers all EU member countries. Of course, with the exit of the United Kingdom from the EU, the appeal of an EUTM is slightly diminished, nevertheless, the cost of the filing on a per country basisis perhaps the least expens…
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Legal Fees For International Trademark Filings

  • As noted above, legal fees are typically a significant portion of the costs of filing trademarks around the world. Though it may be tempting to forego hiring an attorney in order to keep costs low, it is to your advantage to make the upfront investment in trademark counselto prevent costly mistakes down the road. Trademark applications are nuanced,...
See more on gerbenlaw.com