how much does a lawyer cost to trademark a name

How much does a trademark attorney earn?

However, because many of the filing requirements can be easily overlooked it is advisable you seek advice from a knowledgeable attorney, experienced in the procedures of filing trademark applications with the USPTO. $225 or $275 per class. So, total with trademark attorney is $700 for one trademark under one class.

How much do trademark attorneys charge?

 · 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 to find a good trademark attorney?

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 …

How much a trademark litigation will cost?

To trademark a brand name, the cost to trademark is between $275 and $325 for the filing fees. Additionally, you’ll pay applicable attorney fees, potential state fees of $100-$200, and maintenance fees in the future as the trademark cost. Trademarking a brand name is the same as trademarking a business name.

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. Flat-fee trademark lawyer costs.

How much does it cost to register a trademark?

Overall, a trademark registration can cost over $2,500. However, these trademark lawyer costs are important. There is ample work that still needs to occur after a trademark application is filed. Before even filing a trademark application, it is important to conduct a thorough trademark search.

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

This Statement of Use is filed at the end of the application process. You file the Statement of Use about seven to nine months after filing the first application. The USPTO will tell an applicant when the Statement of Use is due. There is a fee to file the Statement of Use. The fee is $100 for each class of goods in the original application.

How much does it cost to resubmit a USPTO application?

There is a $125 resubmission fee for two of the three USPTO application forms if an application is incomplete or incorrect. This is another reason using a lawyer will save you money, as he or she will fill it out correctly the first time.

How much does it cost to respond to an office action?

If an attorney helps to respond to the Office Action, the attorney might charge between $200 and $2,000 to prepare the response. The cost depends on the time and effort required to prepare the response. The USPTO does not charge any more fees when a business owner responds to an Office Action. Most business owners expect to receive at least one Office Action, possibly more. The attorney must file the response within six months. If the Examining Attorney is not happy with the response, the lawyer must prepare another letter to reply to the concerns.

Why are trademarks rejected?

Over 50 percent of trademark filings each year are rejected, normally due to improper filing or incomplete applications.

What is a trademark lawyer?

A trademark lawyer will conduct a comprehensive search to include federal, state, and common law trademarks, often using professional software.

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.

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 are trademark fees calculated?

USPTO trademark fees are calculated on a "per class" basis. This means that if your goods or services fall under more than one class, this will drive up the final cost of obtaining a trademark.

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.

How much does it cost to trademark a business name?

To trademark a business name, it costs between $275 and $325 for the filing fees. Additionally, you’ll need to pay attorney fees, state fees of $100-$200, and maintenance fees as the trademark cost needed in the future.

How much does it cost to register a trademark?

The federal registration filing fee for a trademark is one of the more expensive costs, starting at $275 because it will provide your trademark with all of the benefits that a state filed trademark would not have.

What is collective mark?

Collective marks: These work just like trademarks but you may apply the trademark to a group instead of an individual business. When it comes to trademarking and knowing how much is trademarking a name, some things are really tough to trademark. In this case, you should consult with.

What is a trademarked product?

Trademarking a product is considered branding that product. For example, Nike’s swish checkmark is how they trademark their products.

What is a trademark?

Trademark allows you to know if someone is using your brand. Trademark prevents someone else from using a similar brand. By knowing what is the cost of trademarking a name and paying the trademark price, trademark allows you to use the ® symbol to protect your brand. Whether you are a business owner, singer, graphic designer, artist, photographer, ...

How many fees do you have to pay for a trademark?

For example, if you want to sell software as well as web services, you’ll have two fees as part of the trademark cost.

Why do you need a federal trademark?

Furthermore, a federal trademark named just allows your business name to be recognized all across the U.S. instead of just in the state you reside in. This can be extremely beneficial if you are trademarking the name of a business you intend on building a website to sell services or products to people from all over the U.S.

Trademark Costs Explained

A common question many attorneys get is: "how much does it cost to trademark a name?”

What does all this mean?

The more complex your trademark application is, the higher the cost it will be for your trademark. Additionally, trademark fees change with a difference in paper versus electronic application. The cost of trademarking a name is substantially less in state court, but the benefits derived from federal registration are far greater.

How much does it cost to trademark a name?

Generally, the government filing fee for a trademark application is $250 per class. The overall cost to trademark a name will vary dependent upon the number of trademark classes that you file in and whether you file on an actual use or Intent to Use basis.

How long do you have to use a trademark in commerce?

This will begin a six-month period in which you must use the trademark in commerce. Once actual use has occurred, you’ll need to submit a Statement of Use along with evidentiary specimens. This requires an additional $100 fee. If you cannot meet the six-month deadline, you’re allowed to request an extension.

When did trademarks change?

This changed with the Trademark Law Revision Act of 1988. While you can’t be granted full registration prior to actual use, it is permissible to submit an application and begin the process. This will give you an earlier submission date and get your applied-for name published in the Official Gazette.

Can you avoid trademarking a name?

Unfortunately, there are several expenses that cannot be avoided when trademarking a name or other text-based brand identifier. Having a working knowledge of the registration process, however, can help you avoid several unnecessary fees.

Is it important to avoid trademark search costs?

In considering the total fees of the trademark registration process, it’s important not to overlook trademark search costs. This process can help ensure you’re not attempting to register a trademark that is already protected. Some budding entrepreneurs on shoestring budgets opt to skip a clearance search.

United States Patent and Trademark Office (USPTO) Fee

The USPTO currently has a basic $225 option to register a single business name for a single class of goods or services. This option is decent for most applicants. For example, if you want to register the company name “Magic Wash” for car washing services only, you need to pay $225.

Fees for preparing and submitting your trademark registration application

There are a few services available online that assist applicants with registering their trademark with the USPTO; we will discuss a few of them below.

Other Fees Associated with Trademarking a Business Name

Here are some additional fees that you may need to take into consideration as you register your business name as a trademark.

What Should You Do Before Registering Your Business Name as a Trademark?

Before registering your business name as a trademark, you should conduct a trademark search to ensure that no one else has registered the same business name for a business that’s the same as or similar to yours.

Do You Need to Register a Business Name to Protect It?

No, you do not need to register a business name to be protected in your state because common law protection applies. However, trademark registration offers business owners nationwide protection, meaning that no one can use the trademark anywhere in the United States.

How Long Does a Trademark Registration Last?

Trademark registration in the U.S lasts forever so long as the owner continues to use it on his goods or services. That said, to keep a trademark in its registered state, the owner must file a statement of use within five years of registering it with the USPTO.

How Long Does It Take to Register a Business Name as a Trademark?

After filing your trademark registration application, it takes the USPTO approximately 4 to 6 months to examine and either approve or deny your trademark application. The USPTO has many trademark applications to get through, so if you filed at a time when they’re busy, you should expect your application to take approximately six months.

Overview of trademark registration

A trademark is a name, phrase, logo, or symbol that distinguishes the goods or services of one company from those of another in commerce. A trademark is different from copyrights and patents, which protect other types of intellectual property assets.

How much does it cost to trademark a name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO’s Trademark Electronic Application System (TEAS).

Additional costs of trademarking a business name

The costs noted above are for a basic trademark application and assume that you’re not using a lawyer’s assistance. Here are additional factors that will increase your cost of trademarking a business name:

Costs to maintain your trademark

Maintaining your trademark can cost between $550 to $1,250. Filing for a trademark is not a one-and-done process. You need to maintain your trademark by showing that your business is continuing to use it in connection with the classes that you chose in your initial application.

Costs to hire a trademark lawyer

Given the complexity of trademark registration, many small business owners opt to hire a trademark lawyer. Hiring a lawyer comes with many benefits and less personal time spent on the trademark application process, but also will increase the costs of trademarking a business name.

How to lower trademarking costs

Basic trademark registration fees aren’t too high; but things can add up, particularly if you have a more complicated application.

The bottom line

Ultimately, there are several different factors that can affect the cost to trademark a business name. The number of trademark classes, your mode of filing (state or federal) and whether you’re already using the trademark can all affect your price. In addition, the decision to hire a trademark lawyer will affect your total cost.