what is the average cost of trademark through a lawyer

Full Answer

How much does an OAPI trademark cost?

The total estimated costs (including attorney charges) that might be incurred by a company over the lifecycle of a 30-page patent (including five pages of drawings) with 16 claims, amount to $5,216...

How much a trademark litigation will cost?

You pay a fee for each class of goods or services in your application. The more classes of goods or services you include, the higher the cost. For example, if you’re filing a TEAS Standard initial application, you’ll pay $350 per class of goods or services. If you have two classes of goods, then you’ll pay $700 ($350 plus $350).

How much do trademark attorneys charge?

• Provide the owner’s name, address, and email;
• Allow the Trademark Office to contact and correspond with you via email;
• Use a description of your goods or services that complies with the USPTO’s Acceptable Identification of Goods and Services Manual;

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What is the cheapest trademark?

• Nike
• McDonalds
• Exxon
• Coca-Cola
• Apple
• Google

Are the costs for filing a service mark the same for filing a trademark?

Yes. Trademarks and service marks are nearly identical. The main difference is that service marks are used to identify a particular service provide...

How do I pay my filing fees?

You can pay filing fees online using the TEAS (this is the USPTO’s preferred method), or submit a check or money order, credit or debit card, a dep...

How long does it take for my trademark to become registered?

Much like varying trademark costs, the time it takes from application to registration is highly variable. Applications are rigorously inspected, an...

What is a copyright and how much do they cost?

Copyrights offer legal protection for “original works of authorship.” For example, this can be anything from literary works to architectural plans....

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 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 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.

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 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.

How much does it cost to file a trademark?

No matter how you file, you will pay a minimum of $250 at the Federal level, and $50 to $150 on the state level . But considering the importance of your trademark, and the potential complexities you face when filing, it’s not a bad idea to use a lawyer for filing service.

How much does a TEAS Plus trademark cost?

TEAS Plus and TEAS Standard. There are two kinds of applications that you can use when applying for a federal trademark: TEAS Plus ($250 each ) and TEAS Standard ($350 each). There is also a TEASi, which enables applicants to file international protections.

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.

Can inaccurate descriptions of a trademark be refunded?

Inaccurate descriptions can weaken your trademark and leave you vulnerable in the future. Besides, an attorney could save you money in the long run, since your application fees are not refunded should your application get refused.

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.

How much does it cost to trademark a design?

A trademark design might cost anywhere from $500 to several thousand dollars. Statement of Use Fee. If you file your trademark application before using it, you need to file a declaration later when you begin using it. The cost of filing this declaration is $100 electronically or $200 by paper. 2 .

How to pay trademark fees?

The easiest way to pay trademark fees is to set up an account with USPTO's Financial Manager system. The financial manager is a membership system that allows you to set up a credit or debit card account or electronic funds transfer EFT) account, assign permissions, and receive notifications.

What is the USPTO trademark filing system?

The USPTO has two different application filing systems: the Trademark Electronic Application System (TEAS) and an international system (TEASi). The TEASi system is an e-filing system that allows you to file forms required under the Madrid Protocol. The Madrid Protocol is managed by the World Intellectual Property Organization (WIPO.

How does trademark filing work?

How Trademark Filing Costs Work. The first variable in trademark costs is the number of objects or types of services you want to trademark. You must file a separate trademark application for every class. A class is a type of product or service where your trademark appears. For example, if you have your trademark on t-shirts, mugs, and pens, ...

What is a class in a trademark?

A class is a type of product or service where your trademark appears. For example, if you have your trademark on t-shirts, mugs, and pens, you must file three trademark applications. All the trademark application costs in this article are per class of product or service. Remember to figure your costs based on the number of classes.

Can a logo be trademarked?

The trademark process can be complicated, and a trademark can be rejected for a variety of reasons. If you are really serious about getting your logo trademarked, you should consider paying for an attorney to work through the process. These are just the basic costs for trademark applications.

Do you have to keep your trademark alive?

Trademarks aren't “set it and forget it.” To continue your trademark protection, you must maintain it and report your maintenance activities. The USPTO calls this process “keeping your trademark alive.” There is a cost to these reports, and a separate filing must be made for every class of goods or services in the registration.

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.

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 ...

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.

How much does it cost to trademark a business 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: The number of trademarks you seek.

How much does it cost to renew a trademark?

After the 10-year trademarking period has expired, the fee for applying to renew your mark can be as high as $300 to file electronically, and $400 to file a paper application.

What is a USPTO trademark?

By trademarking your company name with the United States Patent Trademark Office (USPTO), you gain nationwide protection against competing businesses that may be inclined to use a similar name. Here's what you can expect to pay for state business name registration or federal trademark registration.

Can a business name be trademarked?

Once your business name is granted trademark protection, it can't be legally used by another person or entity. The process for trademarking a name at the federal level begins with conducting a trademark search to ferret out any potential conflicts.

What do you need to do after you register your trademark?

After you register your trademark, you must file documents to maintain your registration at regular intervals. These documents cost different amounts to file based on the number of classes in your registration.

How much do you pay for two classes of goods?

If you have two classes of goods, then you’ll pay $700 ($350 plus $350). However, if you have multiple goods that belong in the same class, you’ll only pay $350 because you’re only filing for one class.

Do I have to pay fees to keep my trademark alive?

Once you apply, you may need to pay additional fees, depending on your filing basis. After your trademark registers, you will need to pay maintenance fees periodically to keep your registration alive. See our trademark fee information and the fee schedule for more detailed information.

What expenses do clients have to pay for a lawyer?

Clients may also be responsible for paying some of the attorney or law firm’s expenses including: Travel expenses like transportation, food, and lodging; Mail costs, particularly for packages sent return receipt requested, certified, etc; Administrative costs like the paralegal or secretary work.

Why do attorneys charge different fees?

Some attorneys charge different amounts for different types of work, billing higher rates for more complex work and lower rates for easier tasks .

Why do lawyers need to put contracts in writing?

A written contract prevents misunderstandings because the client has a chance to review what the attorney believes to be their agreement.

What are the biggest concerns when hiring a lawyer?

Attorney fees and costs are one of the biggest concerns when hiring legal representation. Understanding how attorneys charge and determining what a good rate is can be confusing.

What is flat rate legal fees?

Flat rate legal fees are when an attorney charges a flat rate for a set legal task. The fee is the same regardless of the number of hours spent or the outcome of the case. Flat rates are increasingly popular and more and more attorneys are willing to offer them to clients.

What are the costs of a lawsuit?

Some common legal fees and costs that are virtually inescapable include: 1 Cost of serving a lawsuit on an opposing party; 2 Cost of filing lawsuit with court; 3 Cost of filing required paperwork, like articles forming a business, with the state; 4 State or local licensing fees; 5 Trademark or copyright filing fees; and 6 Court report and space rental costs for depositions.

What factors determine if a lawyer's fees are reasonable?

Factors considered in determining whether the fees are reasonable include: The attorney’s experience and education; The typical attorney fee in the area for the same services; The complexity of the case; The attorney’s reputation; The type of fee arrangement – whether it is fixed or contingent;