how much to file a trademark rocket lawyer

Rocket Lawyer also conducts a trademark check to ensure that no one else has registered the business name you want to trademark. Other services charge an additional fee to perform this search. Rocket Lawyer charges $399 for this package plus the government filing fee of $225, bringing your total cost to file your trademark application to $624.

Full Answer

How much does it cost to file a trademark?

The fee is $400. These fees only cover a single class. The more classes your trademark is registered in, the more money you will have to pay to the USPTO in maintenance fees. Even with filing and maintenance fees, having a registered trademark is often worthwhile.

Are the fees paid for trademark registration refundable?

Why file your Trademark with Rocket Lawyer? Business protection Whether you need a service mark or a trademark, we do the research on existing marks and make it easy to file and keep your unique ideas secure & protected.

Can I pay for my trademark application with cash?

Before filing your trademark, you'll want to thoroughly research existing trademarks to ensure that your branding is unique. You can research existing trademarks online and there are a few websites available for researching foreign trademarks as well. If you do not research your trademark well, your application may not be granted if a similar ...

How do I register a trademark in the US?

Rocket Lawyer also conducts a trademark check to ensure that no one else has registered the business name you want to trademark. Other services charge an additional fee to perform this search. Rocket Lawyer charges $399 for this package plus the government filing fee of $225, bringing your total cost to file your trademark application to $624. Trademarkia

Why do I have a charge from Rocket Lawyer?

Rocket Lawyer may automatically charge you at the end of the trial or for a membership renewal unless you notify us that you want to cancel or downgrade your membership. You can downgrade an auto-renewing paid membership to a free account at any time.Feb 16, 2022

How much does it cost to defend a trademark?

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.Jun 24, 2020

Do I need an attorney to register a trademark in the USA?

No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO).

How much does it cost to file a trademark for a phrase?

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney's assistance, the cost averages around $1,000 to $2,000.Jul 8, 2020

Do you have to pay taxes on a trademark?

Report your profit from the sale of the trademark on your income taxes. You cannot deduct the cost of creating your trademark, but you can apply it to your formulation of the "income tax basis", which is the reference point for determining tax liability upon sale and depreciation deductions.May 4, 2020

How do you dispute a trademark?

You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).

How long does a trademark last?

In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.Mar 21, 2019

What are the three requirements for trademarks?

What Are Trademark Requirements?Provide your name and address as owner of the trademark.State the entity type (individual or corporation) and your national citizenship.Demonstrate actual use or a real intent to use the trademark in commerce.Give a detailed description of the product being trademarked.More items...•Jul 8, 2020

Can I register trademark myself?

Yes, it is possible for a common man filing a trademark to not appoint an attorney, especially when all the laws and rules are properly laid down for a trademark to be filed. Any layman who wants to register a trademark can apply himself.

What is the cheapest way to trademark?

The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS). Remember that you can only register one trademark per application.

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.

Do you need to trademark a business name?

Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business. If you do not protect your trademark by registering it, then you may find you are legally prevented from expanding your business.

Register Your Trademark

We'll do a trademark search and make sure you can protect your company and what makes it unique.

Our Promise

If you're not completely satisfied with your order, we'll refund all Rocket Lawyer fees.

Why file your Trademark with Rocket Lawyer?

Whether you need a service mark or a trademark, we do the research on existing marks and make it easy to file and keep your unique ideas secure & protected.

Do I need to register a trademark?

You may not. If you are a small, local company that doesn't sell in multiple states, you may only benefit from applying for a state trademark and a local "Doing Business As" (DBA). You can operate with an unregistered trademark by simply adding "™" to your business name, slogan and website.

How do I research a trademark?

Before filing your trademark, you'll want to thoroughly research existing trademarks to ensure that your branding is unique. You can research existing trademarks online and there are a few websites available for researching foreign trademarks as well.

Why might a trademark be refused?

You'll want to research trademarks and compare them to yours, not just by spelling but also by sound, appearance, and meaning.

Can a trademark protect my company globally?

It might, but it might not. Generally, your company may be protected if the other company is attempting to or is invading your market. If the company operates out of another country, their website is in another language, and they are not operating in your market, you may have a difficult time proving damage.

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.

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.

How to Qualify for Infinite Protections

The primary requirement is that the trademark must be used. You must not only use the trademark, but also provide the USPTO with a Section 8 Declaration of Use within five years of the date when the trademark was originally registered. This will extend your trademark protection for another five years.

The Importance of Filing Trademark Paperwork on Time

How long does a trademark last if you forget to file your documents on time or if the check you wrote to pay the fees bounces? It doesn’t. If you fail to submit the necessary documents and fees, the registration will be permanently cancelled. You will not be able to revive or reinstate your trademark.

How to register a trademark?

By registering your trademark, you gain additional protections: 1 The right to use the mark nationwide, although this may be limited within a geographic area where someone else has been using an unregistered mark on a similar product 2 Protection before you start using the mark, although you will lose that protection if you don't start using it 3 Right to take legal action against infringers in federal court 4 Right to file your trademark with the U.S. Customs Service to stop infringing foreign products from entering the country 5 A basis for filing for trademark protection in foreign countries

What is a trademark?

The term "trademark" is often used to refer to other types of branding that are similar to trademarks but technically have their own terms. Two of these are service marks and trade dress.

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 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 class 1 in business?

For example, class 1 involves chemicals used mainly in industry, science, and agriculture -- whereas class 2 includes paints, varnishes, colorants, and other products used to protect against the effects of corrosion. If your business falls under more than one category, you will need to pay a separate filing fee for each class.

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.