A common question many startups and small business owners ask is how much will it cost them to get a trademark registration with the United States Patent and Trademark Office (the USPTO).
Generally speaking, most applicants will spend several hundred dollars on the application, plus additional fees for lawyers and search companies. In this post we will break that down.
USPTO Application Fee
Depending on which application you file, you will likely pay $250 or $350 The cheapest option, $250, is only available if you use the USPTO’s online application process and agree to use a pre-approved goods/services description. In most situations, you will be able to do that.
Keep in mind, however, that if you file an Intent to Use Application (sometimes called a 1(b) application), then you must pay an additional $100 at a later date when you file your Statement of Use (evidence showing actual use of your mark in commerce).
Trademark Search Fees
Although you can perform your own trademark search, you are usually better off using professional help to make sure you have superior rights in the mark you want to register. Sometimes the attorney helping you file the application has the tools necessary to perform the search. But other times they will recommend a third party perform the search. In either event, it is likely to cost you at least $700 to obtain a professional trademark search and sometimes a lot more depending on what you want to search.
Although it can be expensive, performing a search is a good idea because it can prevent a lot of headaches down the road if you try to protect a mark which someone else is already claiming.
Trademark Attorney Fees
You will also likely want to hire an attorney to assist with your search and your application. There are many benefits to hiring an attorney to help. First, an attorney can help you decide whether you can even protect your mark in the first place (because some marks cannot be registered). Second, they know the ins and outs of the application and can increase your odds of getting the application approved. Third, they understand what to look for in a trademark search and might spot something you might miss. Fourth, if your application is denied, you will absolutely want legal assistance to respond to the denial and having an attorney assist you from the start will be better than bringing in an attorney later. And there are more benefits, but that’s for another post.
So what will they charge? It depends. Some will charge you over $3,000, while many will charge you less depending on the work load involved. For example, at mightymarks.com we charge a $1,495 fixed fee to provide counsel, research, an opinion, and to draft the application.
The Total Cost
In the end, if you obtain a professional search and get legal help, you will likely spend between $1,745 to $1,995 to get your application drafted and filed. But also note that if the application is denied, most attorneys will charge extra for time spent handling an appeal (if you appeal).
Want to Get Started?
If you want to file a federal trademark application, we can help! Just head over to mightymarks.com to learn more.
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Image: Adobe/gustavofrazao
*This article is very general in nature and does not constitute legal advice. Readers with legal questions should consult with an attorney prior to making any legal decisions.
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