How Much Does it Cost to Apply to Register a Trademark?
The costs to apply to register a trademark for a business name, brand name, logo, slogan, or other distinctive sight, smell, or sound depend on the number, kind of marks, and the number of classes of use that you want to protect. Filing a registration application for your each business name, brand name, logo, slogan, or other distinctive sight, smell, or sound will cost between $250 and $350 per class, plus attorney fees. Our typical attorney fees are between $880 – $2400 to conduct the clearance search and common law 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 application prosecution 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. Carson Patentsʼ typical attorney fees are between $880 – $2400 to prepare and file a complete and proper response to an official letter from the USPTO. We average about $1160 for most trademark registration prosecution actions. Our costs to trademark registration for a single mark were $860 per application on average in 2022.
When to Apply to Register your Trademark
Apply for Trademark Registration When Ready
The bottom line is, the time to apply to register your trademark is when you are ready. Don’t let the costs to trademark influence when to apply. 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 time to apply for registration. Businesses commonly apply to register marks in conjunction with putting up websites and starting to sell products, goods, and services. It is also acceptable, common, and preferred to register after your mark has been in use for a few years. In fact, showing evidence of “use in commerce” is a part of a trademark application.
If the intent is to get the business name, brand name, logo, slogan, or other distinctive sight, smell, or sound registered by the USPTO with the initial application, the first application must include evidence showing the mark is being used in commerce. Thus, using your business name, brand name, logo, slogan, or other distinctive sight, smell, or sound before you file is part of a successful registration filing. A trademark clearance search and common law search is highly recommended prior to using a newly selected name or image.
Using the Name and Logo First Makes Trademark Registration Easier
It can be easier to register a business name, brand name, logo, slogan, or other distinctive sight, smell, or sound as a trademark or service mark after it has been in use for a while. Any amount or length of time using the business name, brand name, logo, slogan, or other distinctive sight, smell, or sound is useful because showing use in commerce is necessary. Using a mark for years before registration is not uncommon. In fact, if you apply to register your business name, brand name, logo, slogan, or other distinctive sight, smell, or sound before you use it, there is an additional filing required later to show use in commerce.
If your application is acceptable but does not show use in commerce, your mark may get listed on the supplemental register and awaiting as much as 5 years of use before filing a use in commerce statement to get placed on the principal register.
Importantly, filing before using means the costs to trademark are likely to be greater. This is because if we file without showing use in commerce in the initial application, we will have to file a use in commerce statement at some later date. Filing use in commerce is required to complete the registration of the business name, brand name, logo, slogan, or other distinctive sight, smell, or sound. This is because when we file a registration application without use in commerce, even if the mark is acceptable, the USPTO will send us an office action telling us we need to submit proof of use in commerce.
State Business Name Registration Before Filing Recommended
Registering Your Business Name with Your State Should be First
Business name registration with your state is important. Don’t forget to register your business name with the state where you established your business. The cost to trademark a logo or business name does not include the costs of state business name registration. If you are interested in using a trademark, you can apply as soon as you start using the business name, but it is best to be sure you are registered with your state before applying. Businesses typically register their names with their state and local authorities before applying to register a trademark. 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 same name. Best practice is to always register your business name with your state as you start the business. Check out our articles on trademark registration best practices and the best practices of brand selection.
States Register Trademarks and Service Marks Too – USPTO Registration is Federal
In most states, you can also register your business name, brand name, logo, slogan, or other distinctive sight, smell, or sound that you use to identify your products, goods, and services for trademark protection in your state. The individual states offer registration, but importantly, a registration at the USPTO is federal. State registration provides evidence of common law trademark protection for the state only, and may be required to bring suit in a state court. In order to get trademark protection in all states and be able to file lawsuits in U.S. federal courts, U.S. federal trademark registration with the USPTO is required.
State trademarking example – California Costs to Trademark
Example: How much does it cost to trademark a name in California? The filing fee is $70 per class. The trademark fee schedule for California and all of the forms as fillable pdfs are available online on the Secretary of States’ “Forms and Fees” webpage.
Advantages of USPTO Trademark Registration
The advantages of USPTO registration include the ability to register the business name, brand name, logo, slogan, or other distinctive sight, smell, or sound effectively in all 50 states. Further, once registered at the USPTO, the business name, brand name, logo, slogan, or other distinctive sight, smell, or sound can be registered internationally as well as in other individual countries. Also, USPTO trademark registration of your business name, brand name, logo, slogan, or other distinctive sight, smell, or sound means 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.
Note the costs to trademark a name do not include the costs of registration with any state or any international trademark registration. USPTO trademark registration application costs to trademark do not include any state registration.
Trademark Registration Application Help from an Attorney Online
Carson Patents‘ 4 steps to trademark registration applications are: [1] clearance search and common law search, [2] write application, [3] submit application, and [4] respond to examiner letter. A trademark registration application is an application to register the business name, brand name, logo, slogan, or other distinctive sight, smell, or sound that you use to identify your products, goods, and services. We maintain relationships with several of the best trademark attorneys available. When our team is not available to help our affiliates are.
