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 $350 per class, plus attorney fees. Carson Patents‘ typical attorney fees are between $800 – $1600 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 $800 – $1200 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 to Register a Trademark
The bottom line is that the time to apply to register your business name or logo as a trade or service mark is when you are ready. Businesses commonly register marks in conjunction with putting up websites and starting to sell products. It is also common and acceptable to register after it has been in use. In fact, “use in commerce” is a part of a trademark application so showing the mark is being used is part of a successful registration filing.
It can be easier to register a trade or service mark after it has been in use for any amount or length of time because showing use in commerce is necessary. Importantly, the costs to trademark are likely to be greater if we file without showing use in commerce in the initial application. This is because when we file without use in commerce the USPTO will send us an office action telling us we need to submit proof of use in commerce.
Business Name Registration
Don’t forget to register your business name with the state where you established your business. The costs to trademark do not include the costs of business name registration. If you are interested in using a trademark you can apply as soon as you start using the business name. 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 name.
The individual States offer registration, but a registration at the USPTO is federal. The advantages of USPTO registration include the ability to register the name in all 50 states (and internationally in 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. Note, the costs to trademark do not include the costs of registration with any state or international trademark registration.