how much lawyer to register trademark?

by Ms. Fleta Huel IV 9 min read

If you choose to hire an attorney to help you with the trademark registration process, expect to pay between $500 to $2,000 in addition to the USPTO fees. The associated legal fees will vary depending on the scope of work involved. While rates tend to be anywhere between $100 to $300 per hour, some lawyers will handle this process for a flat fee.

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

Full Answer

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.

Do I need a lawyer to register a trademark?

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 …

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

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

When do you need to pay a filing fee for trademarks?

To register a trademark, the cost of U.S. Patent and Trademark Office (USPTO) fees are between $225 and $600, while attorney fees add $500 to $2,000 more. Whether you would like to trademark words, a slogan, or a specific design, the process is relatively similar.

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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.

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.

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.

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 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 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 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 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 are some examples of copyright?

Some examples include a company logo, slogan, or brand name. Copyright typically involves an creative or literary piece of work, such as poetry, songs, musicals, computer software, architecture, or other artistic works. You cannot copyright methods, concepts, procedures, facts, or ideas.

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.

Initial application fee for electronic filing

Requesting extension of time to show use of mark (if not part of initial application): $125 per class; and/or

Methods of payment

TEAS and TEASi have been enhanced to allow for payments via a new online fee payment management tool, Financial Manager. Once you complete your order in TEAS or TEASi, you’ll have the option to “Pay as a guest” or “Sign in” using your uspto.gov account credentials. View an introduction to Financial Manager to help you get started.

Refunds generally unavailable

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.

Fee questions

For questions concerning fees and payment methods, contact the Trademark Assistance Center.

How much does it cost to trademark a product?

Typically, the cost of filing a trademark at the state level ranges between $50 and $150. As with federal filings, it’s a good idea to use a lawyer or filing service, so costs will vary based on your needs.

Do you have to file a trademark for each class?

You must file a trademark for each class that you want the trademark to apply. Sometimes, the goods or services that you are trying to trademark may fall into several classes, or the varying goods and services that you provide individually span across several classes.

What is the difference between a trademark and a service mark?

The main difference is that service marks are used to identify a particular service provided by an organization, while a trademark is used to identify a particular good provided by an organization.

What is TEAS Plus?

There is also a TEASi, which enables applicants to file international protections. The application that you will use is dependent on your filing basis. A bit of a misnomer, the TEAS Plus application is actually the more basic one.. It’s faster, doesn’t cost as much and simpler compared to the alternative.

What can an attorney do for me?

An attorney who is licensed to practice law in the U.S. and experienced in trademark law can advise you about many important legal issues. These include:

Why must my attorney be licensed to practice law in the United States?

Our regulations specify that only an attorney who is an active member in good standing of the bar of the highest court of any U.S. state or territory can represent you in a trademark application, registration, or TTAB proceeding at the USPTO.

How do I find a U.S.-licensed trademark attorney?

To find an attorney who can represent you before the USPTO in trademark matters, you can consult U.S. telephone listings or the internet, or contact the attorney referral service of a U.S. state or local bar association (see the American Bar Association's Consumers' Guide to Legal Help#N#(link is external)#N#).

How do I know if the attorney or filing firm I hired is legitimate?

Many private companies offer legal services, such as assistance with filings or responding to an office action, or other services. Such services may be legitimate if provided under the supervision of a licensed U.S. attorney. But many of these companies are not affiliated with licensed U.S. attorneys, and cannot lawfully provide such services.

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