How Much Does A U.S. Federal Trademark Cost?

Does this sound familiar:

You need to protect your brand and get a trademark.

But what in the world does that mean?

Well, when you hear the term "get a trademark," people are probably talking about applying for federal trademark registration with the United States Patent and Trademark Office ("USPTO").

So you think to yourself:

How much is that going to cost me?

Well, like any good lawyer, I'm going to say:

It depends.

It depends upon a lot of different factors, including:

  • How many USPTO classes are associated with the goods or services you sell;
  • Whether you need to describe the goods or services using your own unique description;
  • The type of application filing process that you choose with the USPTO;
  • Whether you are using the trademark now or whether you will be using it in the future;
  • How extensively you want to search to ensure that the trademark is available for use; and
  • Whether you hire an attorney or do it yourself.

In our general experience, however, the cost of applying for trademark registration for many businesses who are already using their trademark "in commerce" for one class of goods or services consists of a TEAS RF filing fee of $275 or potentially the TESA Plus filing fee of $225.

On the other hand, if you're not yet using the trademark "in commerce," and it takes you 3 years to use the trademark "in commerce," then the UPSTO filing fee, plus extensions, could be over $1,300.

In addition, to the USPTO fees, if you retain an attorney to perform a search and draft the application, those fees will likely range from $500 to $5,000.

So, what do you get when you pay an attorney?

Well, typically, the attorney will perform a full trademark clearance search to determine whether you can use the trademark without infringing on someone else' trademark. Based upon what the attorney determines when performing the search, the attorney will write an opinion letter that identifies any potentially conflicting trademarks.

If the clearance search looks good, the trademark attorney will then draft the trademark applicaiton, file it with the USPTO, and monitor the applications status over a peiod of at least 8 months.

But what if there are problems? What if the USPTO won't register the trademark but you think they should? 

At that point, all bets are off in terms of fees. 

This brief overview of some important considerations associated with federal trademark registration is by no means comprehensive. Always seek the advice of a competent professional when making important financial and legal decisions.

Federal Trademark AttorneySteve Cook is a trademark lawyer at Cook & Cook. Although his main office is located in Mesa, Arizona, he firm represents clients throughout the United States.

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