how much does it cost to have a lawyer trademark a name

Full Answer

How much does it typically cost to trademark a name?

When 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: An applicant may only apply for a single trademark in an application. The cost to file an application is generally $250-$350.

What does it cost to trademark a business name?

There are other associated charges you may need to pay, including the following:

• Hiring an attorney. While it is possible to do these filings on your own, in most cases, it is worth hiring an attorney to avoid some of the most common ...
• Maintaining your trademark. After your trademark is approved, you will also have to pay fees to keep it active. ...
• State-level fees. ...

How much does it cost to patent a name?

Trademarking a name with the U.S. Patent and Trademark Office (USPTO) cost between $225 and $600, plus legal fees. Most state registration fees range $50-$150. 7 min read

How to create a trademark that makes money?

• Create a Money-Making Trademark
• Legally Own the Trademark
• Market Your Trademark
• License Your Trademark & Make Money

How much money does it take to trademark a name?

$225 to $600The 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).

Can you trademark a legal name?

Can You Trademark a Name? Trademark law protects names, logos and other “marks” that are used in commerce. To register your name as a trademark with the U.S. Patent and Trademark Office (USPTO), you must use it in business.

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 do I get my name trademarked?

Steps to trademark your company nameSearch. First, you need to search the federal database to ensure the name you want to trademark isn't already protected as a trademark. ... Apply. Once you've searched and cleared the name you want to trademark, it's time to prepare your trademark application. ... File.

Is it better to trademark or copyright a name?

A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company's intellectual property, such as your logo.

Is it hard to trademark a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

How long does trademark last?

Life of a trade mark Your trade mark registration lasts for ten years from its filing date. You can renew your trade mark registration 12 months before your renewal is due, or up to six months after.

How much does it cost to trademark a name and 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 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 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.

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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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 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 much does it cost to keep a trademark alive?

It’s currently $100 in year 5 and then an additional $500 in year 10 and every 10 years after.

Why is it important to have a trademark?

Trademark protects your brand from competitors who can be involved in stealing and using a similar version of your name or logo. Trademark increases the value of your brand if you ever decide to sell your business (the value of your business is in your brand) Trademark allows you to know if someone is using your brand.

Why are trademarks interchangeable?

The terms are interchangeable because your business is your brand and your brand is your business. That’s why it’s essential here as well that you should find out how much does it cost to trademark a name and other necessary information about the trademark price.

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.

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.

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.

Do I need to file a trademark opposition?

The cost to trademark a name and maintain its registration may not be the end of your USPTO expenses. If someone attempts to register a brand identifier that’s confusingly similar to your own, you may need to file a Trademark Opposition during the publication period.

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.