Costs to Trademark Intellectual property
The costs to trademark a logo, brand, business name depends on the kind of mark and the number of classes. Filing an application for your logo, brand, or business name will cost between $250 and $750 per class, plus attorney fees. Carson Patents‘ typical attorney fees are between $500 – $2500 to conduct the business name search, and to prepare, file, and monitor your trademark application at the USPTO through the receipt of the review of the examining attorney.
The costs to trademark may include protection costs. Based on the review of the examining attorney, and other USPTO actions required there may be additional attorney fees to prepare and file a complete and proper response. Typical attorney fees are between $250 – $1000 to prepare and file a complete and proper response to an official letter from the USPTO. For us to monitor and manage an issued mark, there is an annual charge of $420.
When to Apply
If you are interested in using a trademark you should apply as soon as you start using the business name. Businesses typically register their names with their state and local authorities. However, provided that no one else is using it, your business name is protected as soon as you start using it. To register a business name with a state there is a search required to ensure no one else is using the business name. However, without registration, common law protects you locally from another business using your name.
The individual States offer registration, but a registration at the USPTO is federal. The advantages of registration include the ability to register the name in all 50 states (and other countries). You can sue in federal court to protect your branding. Additionally, registering ensures you are not violating another business name by using a similar name.