Registering a trademark is not as simple as it sounds. There are many aspects involved during the process. Moreover, the costs for a trademark can vary greatly. This will depend on the type of trademark you want to register, your location, and how quickly you need to get started.
Understanding how much you need to pay for filing fees can help you set your budget expectations. The entire trademark application process is not simple. It would be best if you sought the help of an experienced trademark attorney to assist you.
This blog post will serve to answer any questions that you may have about trademark fees. Knowing the information laid here can help you make rational decisions. This article will cover the entire trademark application process and the application filing fee.
Trademark Registration Overview
Registering a trademark is a crucial step you can take as an entrepreneur. A trademark is your right to your business identity. This protects your business from intellectual property disputes since only you have the exclusive right to use the trademarked name.
The United States registers trademarks at the state and national levels. You can apply for trademark protection at the state level, but you can only have limited security at this level. On the other hand, the United States Patent and Trademark Office offers comprehensive trademark protection at the federal level.
Federal trademark registration is always the best option when you want to trademark your business. In addition, you can also add the famous ‘circled R’ logo next to your brand. Furthermore, the added federal protection will help you ensure that no other companies can steal your trade name.
The Process for Trademarking a Business Name
After receiving a trademark, a business competitor can no longer use your trade name. This is the best protection you can do for your business. However, the entire trademark process can take up a long time. Moreover, you may also face legal hurdles along the way.
The trademark registration process starts with a trademark search. You must ensure that no other businesses have trademarked your business name. This step is critical to ensure that you will not face any serious legal issues during the process.
Once your business name is verified as available, you can proceed to the next step. Your next step will be to complete the application for trademark registration with USPTO. You must indicate your business mark during the process. In addition, you must also specify what goods you will be serving to the consumers.
After the process, the USPTO will let you know if the application is good or not. Once the USPTO approves your request, you will receive federal legal protection to your trade name. This gives you the right to file infringement against other businesses that will steal your trademarked name.
What Is the Average Cost to Trademark a Business Name?
The Average cost to Trademark a business name ranges from $250 to $750+. The cost of the fee varies depending on the number of trademarks you wish to apply for and the services your business will offer. A single trademark application will range from $250 to $350+.
The cost of trademark applications changes from time to time. This is why you must regularly check the USPTO’s website to confirm any fee changes. As of the moment, the best option to file for a trademark is through the trademark electronic application system (TEAS).
Trademark electronic application system or TEAS offers two options for applicants. A TEAS Plus will cost an applicant $250 per class of goods or services. The second option is TEAS Standard which costs $350 per class of goods or services.
Though the first option is much cheaper, it also provides limited options. A TEAS Plus application will require you to select from USPTO’s pre-approved trademarks. A TEAS Standard is much more expensive, but it allows you to have a custom trademark for your business.
What Is the Filing Cost of an Online Trademark Application?
Right now, the online trademark application is the best method of trademark application by the USPTO. As of December 2019, paper applications are entirely obsolete. An online application will cost around $250 to $350, depending on the number and type of application you are going to get.
What Is the Filing Cost of a Paper Application Form?
As of December 2019, the USPTO stopped accepting paper requests. They ultimately shifted to an online request system to serve more customers. A paper request would usually cost around $750 during its time.
What Is the Renewal Cost?
Trademark approval is not a one-time process. Once you receive a USPTO trademark, you will have to reapply every ten years after your initial approval. The cost of renewing a trademark is around $300 to $400, depending on several factors. Factors such as the number of trademarks renewed and the services you offer are evaluated by the USPTO.
Additional Costs to Trademark a Business Name
The ones mentioned above are only the essential cost of filing for a trademark. You would incur additional trademark fees if you requested more trademark services. Seeking the help of trademark lawyers can help you assess what trademark services you will need for your business. They can also help you estimate the cost of your total filing fee.
Additional Cost for a Trademark Search
Conducting a thorough trademark search is a vital step when applying for a trademark. Hiring a trademark attorney to do an in-depth trademark search is the best thing you could do for your trademark process.
In most cases, people who usually do a trademark search on their own waste tons of money. They usually discover that they cannot trademark a product later on since it’s already taken. Trademark attorneys usually charge a flat fee for a trademark search.
Additional Cost When You Choose More Than One Trademark Class
The legal protection of a trademark is limited only to its class. For example, Brand A has a similar name to Brand B. However, Brand A has a trademark for chemical products, and Brand B has a trademark for medical instrument products.
In this case, these brands only have legal protection for their selected classes. They will only have to pay for a trademark to their respective classes or categories. If a brand would like to expand its scope of legal protection, then it would have to pay additional fees. Currently, USPTO recognizes 45 different types of trademark classes.
Additional Cost for Your Trademark’s Drawing
When you file for a trademark, you will have to submit a drawn image of your desired logo. This drawing could be a simple text layout or a more complicated drawing of your business logo. In any case, you will need to follow the USPTO’s drawing requirement.
The USPTO recognizes two types of trademark drawings. The first type is the standard character drawing which is only a basic text format of the business’ name. The second type is called the special form drawing, and this is the customized image or logo of the business.
You can only apply one drawing trademark per application. Suppose you want to file a trademark for a standard character drawing and a special form drawing. In that case, you will need to submit two applications.
A standard character drawing will cost less than a special form drawing. This is because you will need to employ a graphic designer’s help when creating a special form drawing. It’s best to prepare around $250 to $750 for a special form drawing. The drawing’s complexity will determine the price of the additional fee.
Additional Cost for Allegation of Use
In most cases, a business owner will apply for a trademark to use their service or product in commerce. However, you can also apply for a trademark if you intend to use your product or service for commerce in the future. In case you want to file an allegation of use, you will need to send another request.
You should submit an electronic request within six months before you use your trademark in commerce. The cost of an additional request is around $100 per class or service.
Additional Cost for International Trademark Registration
Universal trademark request is highly preferred if you are taking your business online. This will protect your product from social media posts or online advertisement infringement. The additional cost of an international trademark is around $100.
In a global trademark, there is a treaty called the Madrid system. Through this system, you are trademarking your product in eighty different countries included in the Madrid agreement. The countries you included in your trademark will review your request based on their local laws.
Additional Cost for Responding to Trademark Office Actions or Oppositions
Once you apply for a trademark request, the entire process will take up to six to twelve months. If, in any case, you received opposition to your request, then it could potentially delay the entire process. You must respond as soon as you can when you receive an opposition notice from your attorney.
The amount of the additional fees you will have to pay will depend on the severity of the situation. In most cases, a larger company is the usual complainant. They will try to oppose your request if they find similarities between their trademarked name and your trademark request.
This is why hiring a trademark lawyer is always the best action when filing for a trademark. They can ensure that you use a name that is not yet used before making any crucial decisions. They can also help you with legal matters concerning an opposition or office action.
Trademark Maintenance Cost
As established earlier, a trademark is not permanent. On average, you will have to renew your trademark every ten years after receiving approval. It could probably cost you around $550 to $1000 for trademark maintenance or renewal.
You will also need to file a Declaration of Use or Excusable nonuse during the fifth and sixth year after registration. This can cost you around $125 to $225 per class or service.
Cost to Hire a Trademark Lawyer
Hiring a trademark lawyer is crucial when you want to establish protection for your business product. They can help you research your trademark to ensure that you will not face any legal roadblocks along the way. The cost of hiring a trademark lawyer varies for each law firm.
At Alloy Patent Law Firm, we offer fair and transparent prices for all of our services. Our entire trademark registration assistance would only cost you $849 for one trademark class. You can check our pricing schedule for all of our services here.
Are You Ready to Trademark Your Business Name? Contact Our Trademark Attorney for Assistance
In case you are planning to trademark your business. Then you should get the best legal assistance you need. At Alloy Patent Law Firm, we helped numerous clients in the past protect their businesses from copycats. We provide astute legal advice to help you out of your situation.
You can contact our trademark and patent law firm at (206) 899-6980. We offer a free consultation for your initial case review. Alternatively, you can also fill up our online form to send your inquiry.
