How much Does a Trademark Cost in US?
How Much Does a Trademark Cost in the US?
Navigating the world of trademarks in the United States can seem complex, especially when understanding the costs involved. Registering a trademark is a crucial step for protecting your brand’s identity, and knowing the financial investment required can help you plan effectively. Here’s an overview of what you can expect to pay when registering a trademark in the U.S.
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The overall cost of securing your trademark varies based on multiple factors. These include the number of marks you’re registering, the number of classes they pertain to, the jurisdiction of filing, the specific type of application being filed, attorney fees, and additional considerations.
Trademark Search & Drawing Fees
Conducting a clearance search is essential before submitting a trademark application to ensure no conflicts with existing trademarks. This clearance search can be performed using the US Patent and Trademark Office’s (USPTO) Trademark Electronic Search System (TESS).
- The USPTO advises expanding searches beyond TESS to include other state databases, as existing trademarks outside of TESS may lead to refusal due to the likelihood of confusion.
- Utilizing TESS for the search is free, making the clearance search cost-effective. However, considering the importance of comprehensive protection, employing a filing service or law office for assistance is recommended.
Additionally, part of the trademark application process involves describing the intended mark, which requires adherence to specific drawing standards.
While creating the drawing independently is possible, professional assistance is advisable to ensure accuracy and compliance. The costs associated with professional drawing services are also to be considered.
Initial Trademark Filing Costs
When initiating the US trademark registration process in the United States, understanding the filing options provided by the United States Patent and Trademark Office (USPTO) is crucial. Here’s a breakdown of the main filing options available:
- TEAS Plus: Priced at $250 per class of goods/services, this option mandates agreement to electronic communication and utilization of pre-approved descriptions of goods and services from the USPTO’s manual.
- TEAS Standard: At a cost of $350 per class of goods/services, this option offers greater flexibility in describing goods and services. It is particularly advantageous for unique or innovative items that may not neatly fit into the USPTO’s predefined categories.
The choice between TEAS Plus and TEAS Standard depends on the specific needs of your business and how well your goods or services align with the descriptions provided by the USPTO.
Also read, type of US Trademark Registration
Trademark Application Filing Basis
The application cost is further influenced by your filing basis, which should reflect your current or intended use of the trademark:
- Use-in-Commerce: For trademarks actively used in interstate commerce. Choosing this basis simplifies the process, proving the mark is already in commercial use.
- Intent-to-Use: For applicants who plan to use their trademark in commerce in the future. This option requires additional filings, like the Statement of Use, once the trademark is in use, incurring further fees.
The filing basis affects the initial cost, timeline, and complexity of registration.
Cost Per Class of Goods or Services
Trademarks are categorized into different classes based on the type of goods or services they represent. The USPTO charges a filing fee per class. If your business offers products or services spanning multiple classes, you must pay a filing fee for each class.
For instance, if you apply under the TEAS Standard for two different classes, such as clothing and software, the cost would be $700 ($350 per class). It’s crucial to strategically select the classes that best represent your business to avoid unnecessary costs.
Ongoing Trademark Maintenance Costs
After successfully registering, certain trademark maintenance fees must be paid to keep the registration active:
- Declaration of Use and Renewal: A Declaration of Use must be filed between the 5th and 6th year following registration and every 10 years after that, along with a renewal application.
These maintenance filings are crucial to avoid the cancellation of your trademark registration and to ensure your trademark remains protected under U.S. law.
Additional Fees
Throughout the trademark lifecycle, other fees may apply, such as:
- Filing amendments to your application if there are changes in the trademark or ownership.
- Responding to USPTO office actions may require legal assistance, potentially adding to the costs.
These additional costs can vary widely depending on the specifics of your trademark application and should be considered when budgeting
Trademark Attorneys Cost
While it’s not mandatory to enlist the services of an attorney when filing a trademark, their expertise can be invaluable in safeguarding your brand effectively. Professional legal assistance ensures accurate descriptions of goods or services, which is crucial for maintaining trademark strength.
- Engaging an attorney can save money in the long run by increasing the chances of successful registration.
- Application fees are non-refundable in case of refusal, making the expertise of an attorney a valuable investment.
- Utilizing online filing services or attorney guidance are both viable options for securing your trademark.
Conclusion
Registering a trademark in the U.S. involves various fees that can add up, especially if your trademark covers multiple classes or requires legal assistance. By understanding these costs and planning for both the application process and ongoing maintenance, businesses can effectively manage their intellectual property and protect their market presence.
Engaging with a knowledgeable trademark attorney can provide valuable guidance through this complex process, ensuring that your trademark investment is sound and secure.
IndiaFilings experts are available to help you with US Trademark Registration.
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At IndiaFilings, we understand the complexities of trademark registration and the potential pitfalls that can lead to unnecessary costs. Our team of experts is here to provide comprehensive guidance throughout the entire process, from initial filing to registration. By choosing to work with us, you can rest assured that your trademark application will be handled precisely and efficiently, minimizing the risk of errors or rejections that could incur additional expenses. Our cost-effective services are designed to cater to your specific needs while ensuring compliance with all legal requirements.
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