How much Does Trademarking Cost

How Much Does Trademarking Cost?

In some cases, the costs to trademark may include the costs of application prosecution, which involves communicating with the USPTO to address any problems or concerns. If the USPTO issues office actions, you must file a complete and proper response to these office actions to get your trademark application approved. A trademark attorney can help ensure that you provide a complete and proper office action response. This process can result in additional attorney fees. How much does trademarking cost when an application needs to be prosecuted? At Carson Patents, our average cost for most trademark registration prosecution actions is $1160.

Attorney Costs to Trademark a Business Name or Logo

The cost to register a trademark such as a business name, brand name, logo, slogan, or other distinctive sight, smell, or sound varies depending on several factors. These factors include the kind of trademark application, the desired versions of a mark, complexity of the trademark application, the number of classes, the jurisdiction, and whether you choose to work with an attorney.

Kind of Trademark Application

The kind of trademark application you choose to file can influence the cost to trademark a logo or name. The government filing fee is typically higher for a “Use in Commerce” application compared to an “Intent to Use” application. If an “Intent to Use” application is filed, an additional filing fee and legal fees are incurred when submitting a Statement of Use to convert the application to a “Use in Commerce” basis once the mark is in use.

Desired Versions of a Mark

Additionally, there are different versions of your mark that you may want to trademark, which will affect the total cost. You may want to file to register and protect both the words of a name and/or a stylized logo version with special formatting or both black and white and color versions of a logo. The applicant’s desires for filing trademark registrations vary; therefore, so do the costs.

While any combination of business names, brand names, logos, slogans, or other distinctive sights, smells, or sounds can be registered, each mark requires its own registration application and filing fees are per class of use.

Complexity of a Trademark Application

Highly distinctive and unique marks are generally easier to register, while generic or descriptive marks may face more challenges. If your mark is inherently weak or descriptive, it may require additional effort and strategy to overcome potential refusals or objections, potentially increasing legal fees. Standard character marks (words) are typically less laborious to register than special form marks (logos).

Additionally, if there is a risk of likelihood of confusion with existing trademarks, the application process may become more complex. This could involve conducting more extensive searches, providing additional evidence, or crafting legal arguments to overcome objections, all of which can contribute to higher costs.

Number of Classes

In the context of trademark registration, a “class” refers to a category of goods or services for which the mark is used or intended to be used. The international classification system, known as the Nice Classification, categorizes goods and services into 45 classes. The number of classes associated with a trademark application can have a direct impact on the cost of the application. Government filing fees are typically charged based on the number of classes covered by the application. The USPTO charges an additional filing fee for each additional class. Therefore, the more classes you include in your application, the higher the government filing fees.

Jurisdiction

Different countries have varying regulations, procedures, and fee structures for trademark registration. Each country has its own schedule of government filing fees for trademark applications. The cost of filing a trademark application can vary widely from one jurisdiction to another. Some countries charge a flat fee, while others may charge based on the number of classes, the type of application (e.g., online or paper), or other factors. The procedures and requirements for trademark applications differ among jurisdictions, as some jurisdictions have streamlined online systems that may be more cost-effective, while others may have more complex processes that require additional documentation and may incur higher costs.

Additionally, the examination process conducted by the trademark office varies by jurisdiction. Some offices may have more rigorous examination procedures, leading to potential challenges and additional costs if the application faces objections or refusals.

Professional Legal Guidance

Filing a trademark registration application can be done yourself. This can potentially minimize the cost of registering a trademark if done correctly. However, if incomplete or done incorrectly, legal assistance will likely be necessary. It is advised to begin the trademark registration process with professional legal guidance or assistance to avoid the need to bring in a trademark attorney in the middle of the process.

Attorney Fees

If you choose to work with professional guidance, attorney fees will vary widely. Some attorneys charge hourly rates, while others may offer flat-fee packages for specific services, such as conducting a trademark search, preparing and filing the application, and responding to office actions. It is important to consult with potential attorneys and obtain a clear understanding of their fee structure, the services included, and any additional costs that may arise. While the cost of hiring an attorney adds to the overall expense, their expertise can be valuable in navigating the complexities of trademark law, increasing the likelihood of a successful registration, and avoiding potential legal issues.

Keep in mind that costs can vary significantly, and it is advisable to obtain quotes from different attorneys or firms to make an informed decision based on your specific needs and budget. Additionally, consider the long-term costs associated with maintaining and enforcing your trademark rights after registration.

Carson Patents Attorney Fees

Carson Patentsʼ typical attorney fees vary from $880 – $2400. This will cover a clearance search and common law search by our patent attorney and trademark paralegal. If the clearance and common law search prove that the mark is eligible for a trademark, we will then prepare and file your application with the USPTO. This service comes with no additional attorney fees, covering the filing process until we receive the review from the examining attorney. However, there are filing fees at the USPTO for a trademark registration application, which will cost an additional $250 to $350 per class.

We offer a 25% discount on trademark registration attorney fees for veterans, active duty personnel, and their families. Learn more about our exclusive veteran discount.

When to Apply to Register a Trademark

Apply for Trademark Registration After Launching Your Mark

Businesses often apply to register marks when they begin putting up their website and selling their products, goods, and services. However, it is acceptable, common, and even preferred to register marks after they have been in use for a few years. If your business name, brand name, logo, slogan, or other distinctive sight, smell, or sound is already being used to identify your products, goods, and services, it might be a good time to apply for trademark registration.

It can be easier to register a mark after it has been in use for at least some time. Any duration of use is beneficial, and it is not uncommon to use a mark for several years before seeking registration. In fact, demonstrating evidence of “use in commerce” is one part of the trademark application. If you want to register your mark with the USPTO through an initial application, the application must include evidence that the mark is being used on the market. Thus, using your mark before you file is a key element of crafting a successful initial application.

Applying to register your mark before you use it requires an additional filing of a use in commerce statement at some later date. Notably, this approach tends to increase the overall costs of trademarking process by inducing an office action. If the USPTO receives an application without proof of use in commerce, they will send an office action requesting a use in commerce statement. This statement is required to complete the trademark registration application. Furthermore, if your trademark application lacks evidence of use in commerce but is otherwise acceptable, it might be placed on the Supplemental Register. This could mean waiting up to 5 years of use before filing a use in commerce statement to move to the Principal Register. 

The bottom line is, apply for trademark registration when you are prepared — that is, when you have evidence of use in commerce. Additionally, do not let trademarking costs dictate your timing.

Important Tip: A trademark clearance search and common law search is highly recommended prior to using a newly selected name or image. A trademark attorney can conduct a clearance search and common law search for you. 

Carson Patents

State Business Name Registration Is Recommended Before Filing for a Trademark

Your business name is protected at the local level to some extent as soon as you start using it even if you do not officially register the name, provided that no one else is already using it. This is because, even without registration, common law protects your business name locally and prevents another local business from using the same name. Nevertheless, it is considered best practice to register your business name with your state as soon as you start your business. Check out our articles on trademark registration best practices and the best practices of brand selection.

It is best practice to register your business name locally because this offers clearance points for your trademark application down the road. In other words, local business name registration shows that you are granted permission to use the business name on a local level, which helps to strengthen your federal trademark application. This is why most businesses register their names locally before seeking a trademark even though they can technically apply for a trademark as soon as they start using the name. 

Kinds of Local Registration — DBA (Doing Business As) and State Trademark Registration

There are several ways to register your business name locally before pursuing a federal trademark, including DBA registration and state trademark registration. Pursuing these kinds of local registration can help you claim your name in several ways, which can strengthen your federal trademark application. 

DBA (Doing Business As) registration is normally used to claim a name that is different from the official trade name of a business, or a “fictitious” name. Registering your business name as a form of DBA can help assert your use of the business name at a local city, county, or state level. Note that specific rules for DBA name registration vary by location. In addition, other official records of your use of the business name (local work permits, business licenses, etc.) can also be used to establish your use of the name in a future trademark application. 

In most states, you can even apply to trademark your business name within your state. While this trademark protection is limited to the state level, USPTO trademark registration is federal and protects your trademark on a national level. Registering a trademark with a state offers proof of common law trademark protection within that specific state, which is needed to take legal action in state courts. To secure trademark protection nationally (and potentially internationally) and be able to file lawsuits in U.S. federal courts, you must apply for federal trademark registration with the USPTO. Trademarking your business name with your state first can help further strengthen your federal trademark application. Check out the USPTO’s information guide for state trademark registration. 

When registering a business name with a state, it is essential to conduct a thorough search to verify that the name is not already in use. This step is also valuable when considering federal USPTO trademark registration down the line. Note that the cost to trademark a business name with your state is separate from the cost to trademark a company name with the USPTO.

How Much Does it Cost to Trademark a Name in California?  

How much does a trademark cost for a business name in California? The filing fee is $70 per class. The trademark fee schedule and all of the required forms are available online on the California Secretary of States’ “Forms and Fees” webpage.

Online Attorney Support Available for Filing Your Trademark Registration Application