How Much Does It Cost to Register a Trademark?

Is it expensive to register a trademark? This is a common question I hear from many folks who are deciding whether or not to pursue trademark protection.

The good news is that obtaining a trademark registration is affordable for almost any size of business.

The exact cost to file a trademark application

The single most frequently asked question that our law firm receives every day is: “How much does it cost to register a trademark?” The answer to this question can vary depending on how you go about the process. If you decide to use our law firm to assist you, we offer a flat rate service to assist in obtaining a trademark registration:

OUR FLAT FEE

$1500

Some restrictions apply.*

USPTO FILING FEE

$350

(per class)

The flat legal fee that we offer includes:

  1. A US federal, state, and common law search
  2. Consultation time with a trademark attorney
  3. Drafting and filing of a trademark application
  4. Responding to non-substantive USPTO Office Actions
  5. Providing the trademark registration certificate when it is issued.

As you can see, a business or individual who wants to register a trademark will have two costs to consider:

1) the government fees for filing a trademark application, and

2) the legal fees for trademark research, consultation, preparation, and filing of the trademark.

Things to consider about the cost of registering a new trademark

As mentioned above, the cost of filing a new trademark application with Gerben IP includes a $1,500 flat legal fee and a $350 government filing fee, making a total cost of $1,850 (for a trademark application in a single class).

Our service was designed to ensure that we can provide a very high-level service for a predictable (and budget-able) flat fee. The challenge with many of the trademark services you may find advertised online is that they do not offer a proper trademark search or a thorough, attorney-led review of the actual application. This can lead to legal issues down the road such as the refusal of a trademark application by the USPTO and/or a lawsuit for trademark infringement.

The trademark search is the most important part of preparing a trademark application because it will show the client if there is already a registered trademark for the same name or any other potential conflicting trademarks. For example, Mark invents a fan with an energy efficient battery, which he would like to name “Everlasting Tornado” and there is an existing trademark registration for “Everlasting Tornado” for fans, many online trademark searches would reveal such a direct conflict.

That said, it is just as important to also run a trademark search for similar names and potential conflicting marks. To continue the example of Mark’s “Everlasting Tornado” application, trademark registrations for “Everlasting Wind Funnel,” “Ever Lasting Tornado,” “Never-Ending Tornado,” and “Non-Stop Tornado,” would present potential conflicts.

The USPTO reviews each trademark application and compares it to all the names in the trademark database to determine if there is a likelihood of confusion. The trademark search that we complete here at Gerben IP would look for all these similar trademarks. This type of search is a time-intensive process that requires years of training and expertise in searching the database (which is why many other services do not offer it).

This is why a quality trademark search and attorney consultation are of the utmost importance. Many times, businesses and individuals file trademark applications for names that are already trademarked or are unaware of similar trademark names. Once the USPTO refuses a mark, the applicant is now at a loss for the filing fees and has wasted months, and sometimes years, of waiting in the application process and now they might have to start over and change their entire business brand. Our legal services are designed to do everything possible to prevent that scenario from occurring.

Other potential costs of the trademark registration process

In addition to the cost of completing a trademark search and filing, there are a few other potential costs to the process that you should be aware of:

a) Cost of responding to a refusal from the USPTO

The cost of responding to a USPTO refusal (which is issued in a document called an “Office Action”) typically ranges from $1,500-$3,000, depending on the complexity of the legal issue. Responding to a USPTO refusal can be a very difficult and time-intensive process that requires knowledge of all the legal precedents and rules regarding trademark law and prosecution. Our legal services include typically 7-8 hours of legal research, writing, evidence gathering, and drafting of the response. After a legal consultation with the client, Gerben IP files the response and monitors the response process with the USPTO.

Responding to a USPTO refusal can be the most difficult process in the trademark application process and requires extensive legal knowledge and expertise on how to overcome these refusals. Once an applicant files a trademark application, the USPTO will often issue an Office Action and refuse the application, which can be based on a number of different legal issues. For example, if a trademark name is too similar to another registered trademark, the USPTO will refuse it based on a “likelihood of confusion.”

If the USPTO determines a trademark name is descriptive (for example, if someone tried to trademark “Chocolate Chip” for cookies), the USPTO would refuse it based on descriptiveness. Other types of legal issues include failure to function as a mark, misdescriptive and deceptive marks, genericness, and so on.

At Gerben IP, we have the unique knowledge and insight behind the USPTO prosecution process and the best legal strategies for clients to get their trademarks through the registration process. We have attorney staff with years of previous work experience at the USPTO. We know exactly why the USPTO will refuse a mark, what legal responses would overcome those refusals, and the best legal theories to argue based on insider USPTO practices. This is why Gerben IP’s services are invaluable to clients responding to refusals. We have insight into how the USPTO thinks, why they issue these refusals, and what they look for in responses for clients to overcome refusals.

b) Cost of submitting a “Statement of Use”

If you file a trademark application before you begin selling any goods or services, you will likely have to file a “statement of use” with the USPTO about 12-18 months after your initial filing.

The cost of submitting a Statement of Use (SOU) to the USPTO includes a flat legal fee of $450 and a USPTO filing fee of $100 per class, making the total fee of $450 for one class (+ $100 for each additional class). Our legal services include tracking filing deadlines, attorney consultation, preparation of your statement of use, filing the statement of use with the USPTO, and monitoring the statement of use process, which could take months and up to one year.

If you file a trademark application based on an intent-to-use basis and the USPTO approves the application for publication, you will have up to six months to file a statement of use, which is proof that the client is using the trademark. The USPTO has very strict guidelines on what constitutes trademark use. For example, if a webpage has the trademark name in the wrong location on a website, the USPTO could refuse it based on failure to function as a trademark.

Or often, clients who want to trademark clothing will submit a picture of their trademark name on the front center of a t-shirt, which the USPTO refuses as being an ornamental decoration. There are many potential legal issues you could face when filing a statement of use. You should always use legal counsel to avoid making a filing error that could result in a refusal of your trademark application.

At Gerben IP, we will advise and consult with each client on preparing their statement of use, preventing potential refusals from the USPTO. Again, applicants will often file a statement of use without knowledge of the USPTO best practices and will get a USPTO refusal, which wastes more of the client’s money and time, leading up to a potential abandonment of the trademark application. Our legal services prevent this scenario.

Final Thoughts

As explained above, Gerben IP seeks to provide a very high-quality suite of trademark services with an experienced team of trademark attorneys, paralegals, and support staff to advise and help clients with all stages of the registration process. To get started with the trademark application process or engage in our other trademark services, feel free to get in touch by submitting a contact form through this website. We typically respond within 12-24 hours.

Josh Gerben, Esq.

Josh Gerben, Esq. is the founder and principal of Gerben IP. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 7,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.

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