how much to trademark a logo lawyer cost

How much does it cost to trademark a name or logo?

The average cost to trademark a name or logo is around $275 when filing yourself, or between $500 and $2,000 when filing through a service or trademark attorney. The cost of a trademark is based on the number of classes your goods or services fall under, as well as the methods used when filing.

How much does it cost to get a slogan trademark?

Trademark Cost. Trademarking a slogan comes with the same fees as other trademarks. The cost will range from $250 to $400 dependent on the TEAS form you use. The price is inversely related to strictness of the requirements you must meet. You’ll see the lowest fees with the TEAS Plus application which is $250 per class.

Should I trademark my Logo before I incorporate?

The default answer is always – no. Entrepreneurs should only incorporate, trademark or patent their inventions when absolutely necessary because doing so is expensive and time consuming. Generating revenue and keeping expenses to a minimum is what every scrappy entrepreneur must focus on in the early years.

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 does a logo trademark cost?

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.

Is it worth it to trademark a logo?

Trademarks protect words, names, symbols, sounds and colors and distinguish one company's goods and products from another. Trademarking a logo not only protects it from being used by other similar companies, it also protects a company from unknowingly infringing upon an existing logo.

What is the average cost of a trademark?

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....Trademark Cost.National Average Cost$424Average Range$275 to $6602 more rows

How much does it cost to trademark a design?

To trademark a design, you'll pay between $275 and $325 for the filing fees and any applicable attorney fees as the cost to trademark. Many types of designs can be trademarked, but you should check with a lawyer to be sure that your design can.

What happens if I don't trademark my logo?

There's risk that you'll deplete your revenues litigating a trademark infringement case. Then, there's risk that your opportunities for growth may be severely impacted by the fact that you don't own the federal trademarks associated with your brand, products and services.

What happens if I dont trademark my logo?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

How do I copyright my logo?

Fill out the application online on the official site of United States Copyright Office. Besides, you can also submit the application in a paper form. Pay a registration fee (for the logo it's $39) with a card, electronic check or your deposit account with the U.S. Copyright Office.

How do I trademark my logo?

Trademark Application Process:Complete a trademark search.Secure your rights.Submit an initial application at uspto.gov on the Trademark Electronic Application System or TEAS.Fill out the TEAS form for an initial application. Be sure to upload the file of your logo.Submit an "intent-to-use" form. ... Pay the fees.

What is the cheapest way to trademark?

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).

Can you trademark a logo design?

Yes, you can trademark a design as long as it's used in the promotion of you business. For example, you can trademark logos, product packaging, and color schemes.

What are the 3 types of trademarks?

What you'll learn:Arbitrary and Fanciful Trademarks.Suggestive Trademarks.Descriptive Trademarks.

How do I trademark a graphic designer?

To register a copyright for your graphic, you can apply online with the U.S. Copyright Office at Copyright.gov. There are 14 acceptable image file types including, BMP, JPG, GIF, PDF, PNG, PSD and TIF.

How much does it cost to apply for a trademark?

A trademark, which is a brand name, costs between $275 and $325 for filing. In addition, you need to pay the related attorney fees or any state fee...

How do I trademark a name and logo?

To establish your company’s identify and protect it, you should trademark the name and logo. To trademark your name and logo, you need to make sure...

What are the three types of trademarks?

According to the US Patent and Trademark Office (USPTO), the three main types of trademarks include word marks, design marks (which make use of ima...

Is it better to copyright or trademark a logo?

While copyrights cover intellectual copy, logos must be trademarked. Therefore, it is better to trademark a logo with the US Patent and Trademark O...

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.

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, ...

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”).

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 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.

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 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.

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.

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 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.

How to get a trademark?

Getting a trademark from your state is easier and less expensive than filing federally, but only protects you within your state. A federally registered trademark gives you much broader protection and a number of extra benefits: 1 "Prima facie" proof of ownership (courts accept your ownership without further proof) 2 A listing in the USPTO's online records 3 The right to use the ® symbol with your logo 4 Public notice of the trademark, so an infringer can't claim they didn't know about your trademark even if you don't use the ® symbol 5 The right to file a lawsuit in Federal Court if someone else uses your logo 6 The right to recover cash damages and attorney's fees in Federal Court if you've used the symbol "®" on your logo 7 The right to record the trademark with the U.S. Customs and Border Protection Service to block counterfeits at the border 8 The right to register your logo in foreign countries 9 You can apply before you start using the mark

What is a trademark watch?

Trademark Watch: You'll need to watch for others who try to use your logo so you can enforce your rights and protect your brand. Your attorney or a trademark company like Thomson Compumark can set up a "trademark watch" that will alert you when someone else's logo matches yours too closely.

How much 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. The USPTO offers four different forms, each with different pricing.

What is common law protection?

Common law protection only covers your logo in your local region if you don't register, and doesn't apply at all if someone else is already using the same design. Registering your trademark with the USPTO gives you protection in all states. Holding a federal trademark lets you register your logo in other countries and sue in federal court to protect your branding. Lawsuits let you collect cash awards or even press criminal charges against anyone who tries to use your logo. You'll also be making sure that you're not violating someone else's trademark by using a similar symbol.

Why is it important to trademark your logo?

Trademarking your logo is an important step in setting up your business. Your logo, along with your business name, is at the heart of your brand identity. Registering your trademark will help you protect your brand. Your customers won't be fooled by inferior knockoffs or businesses using a similar design.

What happens if your logo isn't approved?

If your initial filing isn't approved, you could end up paying an attorney anyway to sort out any problems that arise. A good attorney can also save you money in the long run by ensuring that your logo doesn't conflict with anyone else's trademarks.

How much does it cost to file a TEAS?

File a regular TEAS for $400 or a TEAS RF for $275. You can file a TEAS Plus for $225 if you meet certain terms, such as fitting neatly into one of the standard business groups. Which form you can use will depend on your business and your logo. You can also opt to file a paper form for a flat rate of $600. These fees are valid as of June 2020, ...

What happens if a business is rejected by the USPTO?

If the USPTO rejects your trademark, the cost to fix the application and defend the trademark, or to reapply, could be more than if you had hired an attorney to file the application properly in the first place.

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 long does it take to file a statement of use?

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 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.

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.

What is a transfer and assignment agreement?

Any required cease and desist letters. Transfer and Assignment Agreement, which enables a trademark owner to transfer the rights and the ownership. Although some attorneys charge their trademark lawyer cost with a flat fee, others might charge more.

How much does an attorney charge 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.

How many marks can be filed per application?

There are certain factors used to calculate the filing fee for an initial application, and you should be familiar with these factors before accessing the new application forms: Number of marks: Only one mark may be filed per application. If you have multiple marks, they require separate applications, each with its own filing fee.

Can you pay a TEASI as a guest?

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. If you need assistance using Financial Manager, please contact the USPTO help desk at 1-800-786-9199 and selection option 3, then option 4. You may also send an email to FeesHelp@uspto.gov#N#(link sends email)#N#.

Is USPTO fee refunded?

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.

Do you have to pay for each class of goods and services in an application?

If you have multiple marks, they require separate applications, each with its own filing fee. Number of classes: You must pay for each class of goods and/or services in the application. For example, if the application is for one mark but the mark is used on goods in two different classes, such as computer software in Class 9 ...

What is a trademark search?

A trademark search forms the foundation for a successful trademark application. In order for your trademark to be approved, it must not be similar enough to existing marks owned by competitors that buyers might become confused. The USPTO may reject your trademark application if it finds that your mark:

What is a trademark practitioner?

You can hire any attorney to help you with your trademark application, but ideally, you would look for an attorney experienced with trademark matters, such as an attorney from a firm that handles intellectual property rights.

What are common law rights?

If you’re already using your mark to promote your brand or sell a product or service, you automatically enjoy certain rights in your immediate geographic area, known as “common law” rights. These rights protect you from local competitors who might use marks resembling your brand.

Do you need a drawing to trademark a logo?

If you’re trademarking a mark with graphic elements, such as a logo or symbol, you must submit a drawing with your application. Your drawing must meet certain requirements stipulated by the USPTO. This can require an investment in purchasing drawing materials or software or hiring a graphic artist.

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.

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.

Can a trademark be modified after filing?

A trademark search will reveal these similar trademarks which will save money and time since your proposed trademark cannot be modified after filing the application. The USPTO maintains a searchable online database of trademarks called the Trademark Electronic Search System (“TESS”) that can be used by anyone.

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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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.