how much will a lawyer charge to trademark my business name

Full Answer

Should I Register my business name as a trademark?

When you register your business name as a trademark, you get an exclusive right over its usage throughout the nation with respect to goods and services it applies to. You can file a lawsuit if you find someone else using your trademark in the given category of goods or services.

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 to legally trademark your business name?

Your application must be filed with the USPTO, and it must include:

• The name and address of the mark's owner
• The name you want to protect
• The goods or services that you want to register your name for
• The basis for your filing: either use "in commerce" (if you are already using your name in business) or "intent to use" (if you haven't started using it yet)

More items...

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).

How do I trademark my business 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.

Is LLC the same as trademark?

Legal Protection LLCs and trademarks are each an integral part of the business world, but both serve different purposes. While LLCs are legal business entities that protect the personal assets of business owners from lawsuits and bankruptcies, trademarks protect the intellectual property of the business.

How long does a trademark last?

10 yearsA federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

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 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 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.

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, ...

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.

What does class mean in trademarks?

The class means the types of goods or services the trademark will apply to. A trademark only applies to one class unless you specify and pay for additional classes.

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 revive a trademark?

You can petition the USPTO to revive your application, but this will require a $100 petition fee. This form must be submitted within two months of learning that your trademark has been abandoned.

How often do you need to renew your business registration?

Your business registration and licenses need to be renewed periodically, and this is also the case when trademarking business names. Maintenance documents – and thus, additional fees – are required twice during the first decade following registration. Afterwards, you must submit these documents every ten years. Only a per-class fee of $125 is required upon submission of your first maintenance documents.

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 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 the USPTO ask you to do after you file a teas trademark?

After you decide to file a TEAS or TEAS Plus trademark application, the USPTO will ask you to clarify your filing basis. Specifically, the USPTO will want to know whether you are filing your trademark application based on actual use of the trademark in commerce or based on a future intent to use the trademark 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.

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”).

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 does a mark on a name mean?

If the mark identifies a living person’s name, a signed authorization from that person allowing you to use their name.

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.

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.

Can I trademark my business name?

Trademarking is important when it comes to protecting your ownership of your products or services. You can trademark your business name, as well as the specific names under which your products or services are sold.

How much are legal fees for trademark?

A trademark lawyer costs between $1,000 and $2,000 for the entire trademark process, but disputes can cost the client an additional $300 to $400 per hour. The following are some of the trademark lawyer costs you may encounter: trademark application filing fees.

How much does it cost to trademark a name Legalzoom?

The filing fee for registering a trademark ranges from $275 to $325; however, fees are subject to change, so check with the USPTO for the most up-to-date fee.

How much does it cost to trademark a business name?

Getting your business name trademarked with the U.S. Patent and Trademark Office will cost you $50 per year. It will cost between $225 and $600, plus legal fees, to register with the United States Patent and Trademark Office (USPTO). When it comes to protecting yourself outside your own state, most states charge $50 to $150.

How much does it cost to trademark a name 2020?

The price of registering a logo with the United States Patent and Trademark Office (USPTO). A filing fee of $275–$660 is required to file with the Patent and Trademark Office (USPTO) as of June 2020. A trademark can be registered in your state for $50 to $150, but federal registration provides far more legal protection.

How much does it cost to trademark a person's name?

The TEAS RF form is only $275 and can be used if you are eligible for the TEAS Reduced Fee (TEAS RF). TEAS Plus forms can be used for just $225 if your application is very simple. Fees for filing a paper form with the USPTO are more expensive, costing $600.

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

In the standard filer service, the application fee is $250 but it is cheaper than applying for a trademark on your own. Despite this, if your application is incorrect, it could cost you more in the long run, since it is non-refundable.

How much does it cost to trademark a company name?

The cost of trademarking a company name starts at $225 and goes up to $600 each trademark class. This is the fee for filing a trademark application with the United States Patent and Trademark Office. The USPTO’s Trademark Electronic Application System is the simplest and least costly method to register your trademark (TEAS). It’s important to keep in mind that you may only register one trademark per application.

What is a trademark in business?

In business, a trademark is a term, phrase, logo, or symbol that identifies one company’s products or services from those of another. Copyrights and patents, which protect various kinds of intellectual property assets, are not the same as trademarks. The corporate name McDonald’s®, as well as the advertising phrase “I’m lovin’ it,” are examples of trademarks.

How long does it take for a trademark to be approved?

The USPTO may take six to twelve months , or possibly longer, to approve your trademark application after you submit it. If the reviewing attorney has questions or if someone files an objection, your application may be further delayed. If the attorney has any queries, you’ll get an email if you authorized electronic communications in your original file, and you should respond promptly. Responding to these inquiries, known as office actions, may be time consuming and may need the assistance of a lawyer, which can increase your trademarking costs.

How many levels of trademarking are there?

There are two levels of trademark registration in the United States: state and federal. At the state level, trademarking your company name is easy and cheap, but it provides very limited legal protection. However, registering your trademark with the United States Patent and Trademark Office (USPTO) is more difficult and expensive, but it provides much greater legal protection.

Why choose state registration over USPTO?

State registration, on the other hand, provides legal protection against those who use your mark exclusively inside the state. You will not be protected throughout the country.

What does it mean to register a trademark with the federal government?

By registering your trademark with the federal government, you may prohibit others from using it throughout the country. You’ll also have the ability to print ® next to your trademarked materials, signaling to everyone that you own the trademark.

How much does it cost to file a statement of use?

The fee for submitting this form online is $100 per category of goods or services. If you submit the paperwork on paper, the fee rises to $200.