Are you interested in knowing how much it costs to trademark your business? In this article, we’ll look at how much it costs to apply for a trademark, the Steps you need to follow to file your trademark, and the options available.
We’ll also discuss how to file your trademark application online or at the state level. Finally, here are some tips and tricks to keep in mind while applying for a trademark.
Table of content
Fees associated with trademark registration
Steps to apply for a trademark
Filing a trademark application online
Filing a trademark application at the state level
Filing a trademark application at the federal level
What is an intent to use (ITU) trademark application?
How can I claim use in commerce?
Do you need to hire an attorney?
Fees associated with trademark registration
Many people don’t realize the fees associated with trademark registration. The fees can range from government fees to the fees of the trademark attorney. And without knowing the fees upfront, it can be challenging to decide whether trademark registration is worth the money.
After all, trademark registration offers many benefits and privileges to its owner. However, it also comes with its fair share of risks. Here’s how to figure out the fees associated with trademark registration.
All trademark fees are calculated per class for all listed goods and services. This will result in overall fees being higher if more goods/services fall within the same class. According to the USPTO:
Electronic filing requires an initial application fee
| Option 1: TEAS PLUS | Option 2: TEAS Standard |
| $250 for each class of goods/services | $350 for each class of goods/services |
Cost of obtaining a trademark depends on the filing base chosen and which initial application form used. Each filing option has specific requirements which impact the fee amount.
Before you can access the new application forms, it is important to be aware of the factors that are used to calculate the initial application fee.
- Maximum number of marks: One mark per application may be filed. Multiple marks require separate applications. Each one will have its own filing fee
- The number of classes you must pay for each type of goods or services. If the application is for a single mark, but the mark is used for goods in two different classes (e.g. computer software in Class 9 or t-shirts and t-shirts under Class 25), then you will need to pay a filing fee for both classes before approval.
- Application Filing Option Select: TEAS Plus, TEAS Standard
Potential additional fees for intent to use applications
- If the initial application was not filed, you can request an extension of time for showing use of the mark. The cost is $125 per class.
- If not included in the initial application, showing use: $100 per class
Note An more detailed overview of Trademark fees can also be found.
Additional Fees after registration of mark
1. Filing a Declaration of Use After 5 Years (Section 8 declaration), $225 per class, if filed prior to the grace period
2. Filing a Declaration of Use after 5 Years (Section 8 declaration) and a Declaration of Incontestability(Section15 declaration), $425 per Class (if filed prior to the grace period).
3. If filed prior to the grace period, filing a declaration of use and an application for renewal every 10 years (Combined-SS8 declaration/SS9 renewal): $525 for each class
4. Filing a Declaration of Incontestability (SS15 Declaration): $200 per class
Additional fees may be charged if you file within the grace period. You can find a more detailed explanation of maintenance filing requirements.
The fees associated with trademark registration are often set based on the protection a trademark offers. In some cases, a trademark may be registered in several classes for multiple reasons.
The government will charge different fees for each class. Discuss which class is best with your trademark attorney. Also, make sure to budget for office actions. A single application can receive several office actions, but it may not. If there are multiple office actions, you’ll have to pay more attorney fees.
Once your trademark is registered, you must file renewal paperwork with the USPTO to maintain it. You must prove that you’re still using your trademark in commerce every decade, and you must pay $225 for each class.
After ten years, you’ll need to file a Section 8 declaration to confirm that you’re still using your trademark. Listed below are the costs associated with trademark renewal. These fees vary depending on the class of goods or services that you’re registering.
In general, trademark filing costs range from $350 to $1,300. Depending on the complexity of the trademark application, these fees can range from $400 to $2,000, but you’ll likely be charged more if your application includes many classes.
In addition to the filing fee, there are fees associated with TEAS Plus, which is the essential application for trademark registration. You’ll also have to pay attorney fees, typically between $100 and $300 per class. However, some attorneys offer flat fees that vary depending on the complexity of the application.
Steps to apply for a trademark
If you are looking to register a trademark, you should first fill out an application. You must pay a small fee to apply for a trademark. Once your application has been submitted, you should wait for about six months before you can start using the trademark.
You can monitor the status of your trademark application using the Trademark Status and Document Retrieval (TSDR) system. You must check the status at least every six months, as failing to do so can lead to you missing your filing deadline.
Once your application is approved, you must wait for the trademark to publish in the USPTO’s weekly Official Gazette. If you do not receive approval on the first try, you can file an objection or request an extension.
You must renew your trademark every five to 10 years, and you must file maintenance documents to protect your rights. Your trademark won’t last forever, so you have to make sure you maintain it.
Once you’ve decided to file for a trademark, you can submit your application via the TEAS online system or US mail. If you choose the latter option, you must provide a specimen of the goods or services you plan to use the trademark on.
You should also provide the date of first use of the mark. Filing fees vary depending on the number of classes you need to file. The USPTO maintains a fee schedule for filing trademark applications.
Once you have decided on the type of mark you want to register, you can begin applying for the trademark. The next step in trademark filing is to determine the format of your mark. TEAS does not accept larger files, so you should select a smaller file format.
This will ensure that your application is processed quickly and efficiently. And don’t forget to submit a specimen of your mark if you want to file for an application online.
Filing a trademark application online
There are several options for submitting your trademark application online. However, if you choose to file your application manually, you can expect to pay a higher fee. The fee varies depending on which class of goods or services you want to protect.
Typically, you must pay between $225 and $400 per class. Therefore, you should file your trademark application online for the most efficient process. In most cases, you can complete the application in less than an hour.
A trademark application can only include one drawing of your mark, so you will need to submit separate applications if you’re looking to protect both text and your logo.
A standard character drawing is auto-generated by the PTO filing portal and thus is free. If you want to apply to protect your logo and don’t have your logo yet, you might have to hire an illustrator or graphic designer.
Federal trademark electronic applications are cheaper than filing on a paper application. The USPTO’s TEAS system has fewer requirements and costs between $225 and $400 per class.
Depending on the type of application and how many classes you want, the fees will vary greatly. TEAS Plus, for instance, requires applicants to select from a list of pre-approved trademark classes. This requires paying a per-class filing fee upfront, while the TEAS reduced version only requires applicants to file once.
If you’re worried about costs, consider hiring a lawyer to help you complete the process. Although trademark registration may be costly, it can be worth it in the long run.
While the cost of trademark filing may seem high, you can get a free trademark search from the USPTO. Ultimately, you’ll be glad you did. When it comes to your intellectual property, a trademark attorney is invaluable.
Filing a trademark application at the state level
Filing a trademark application at the state level is cheaper than at the federal level, and attorneys charge from $250 to several thousand dollars.
Typically states charge a fixed fee per class of goods and services, and you should determine the number of classes you want and multiply that with the fees per class. You can apply electronically or through a paper application.
Choosing a federal versus state trademark application depends on your goals. If your trademark is used primarily in one state, filing a federal application is better.
State registrations don’t give you the same protection as federal registration, but they let you know that someone uses that mark. As a result, most would-be users of your mark will choose another one.
On the other hand, federal registration is assumed to protect your mark and provide the same protection to all users.
Filing a trademark application at the federal level
If you plan to use a trademark for your business in the United States, you should check out the United States Patent and Trademark Office’s website. You can also perform a free search for similar trademarks using the Trademark Electronic Search System.
Lastly, you can choose a filing service or law office to help you with your application. Once you decide on a trademark attorney, submit your application online. You can follow its progress and monitor your costs.
Federal trademarks cover your trade name throughout the United States. The costs of trademark registration can vary greatly and include many costs.
These fees will depend on the class in which the trademark will be used and whether or not the company plans to sell under the mark. If you don’t plan on selling under the trademark, you must file a Statement of Use, which costs $100 and must be filed within nine to twelve months of filing your trademark application.
The first step in the application process is to choose the class in which you will register your trademark. If the class you plan to register your trademark includes several categories, you may want to consider hiring a trademark attorney to help you.
Lawyers charge between $500 and $2000 to handle trademark applications at the federal level. A logo is a graphic design that is used to identify a business. Often, the logo is simply an image of the company’s name.
It can also serve as a substitute for words, making it easy for customers to recognize the business without searching for the company’s name.
What is an intent to use (ITU) trademark application?
What if you have not started selling your products/services yet? How do you protect your brand? The USPTO has a procedure where you can apply to register your trademark/service mark with intent-to-use (ITU), even if you haven’t used your mark in commerce.
It is possible to file your application even before you use the mark. This allows you to get a filing date that is earlier than any potential competitor. If a legal dispute develops or could develop — at either the USPTO or in the marketplace — this could give your mark priority.
While you don’t have to use your mark for commerce before you file an application, you will need to show that you actually used your mark in commerce before your mark is officially registered. You must also file documents and pay additional fees within a certain time frame before your mark can register.
How can I claim use in commerce?
You must file an Amendment to Allege Use, or a Statement Of Use in order to claim use in commerce. The only difference between these filings is the time they can be filed. To learn more about these forms, click on the headings.
You can file an Amendment to Allege Use in order to claim use in commerce prior to your publication application being published.
An Amendment to Allege Use can be filed if you have used your trademark in commerce in connection to all of the goods or services described in your application.
After you have filed your application, you must file an Amendment to Allege Use. Otherwise, you will need to file the Statement of Use
To file an Amendment or Statement of Use, visit the online form at the Trademark Electronic Application System.
After your mark has been allowed through a notice of allowance, you can file a Statement Of Use to claim commerce use
A Statement of Use can only be filed if you have used your trademark in commerce with all goods and/or related services listed in the NOA.
A Statement of Use must be filed within six months following the issue of an NOA or within an extended period. The Statement of Use is the same as an amendment to allege use.
The only difference is that the Statement of Use lists all the goods and/or services listed in the NOA unless they are deleted. See the above requirements to file an Amendment to Allege Use.
The trademark office will grant you six months to file your use statement. To qualify for this period, you must have actively used the mark for at least six months before filing your application.
After the initial six months, you can request another extension. The extension process can be repeated as many times as necessary. Eventually, you can file for up to 36 months of protection. Once you are approved, you will have up to six more months to use your mark in commerce.
Do you need to hire an attorney?
An attorney is not required for US citizens to present themselves before the USPTO. A U.S.-licensed attorney must represent you if you are a foreign-domiciled trademark registrant or applicant.
To determine whether you can represent yourself, you must include and maintain current your domicile address when filing trademark applications. As such all trademark applicants must include and maintain current their domicile address in trademark filings.
This allows the USPTO to determine the identity and legal status of applicants and registrants, as well as whether they need to be represented by an attorney licensed in the United States.
Although you are not required to have a U.S.-licensed lawyer, you might want to consider hiring one. If you do not have a lawyer, be ready to take on the role of your own attorney. There are many benefits to hiring an attorney:
- Provides you with crucial legal advice regarding your trademark.
- Before you file an application, conduct a trademark clearance search.
- It is important to prepare your application correctly.
- Response to legal correspondence sent by the USPTO
- Enforcement and maintenance of your trademark rights.
- Represent you at the USPTO Trademark Trial and Appeal Board.
- Protecting you against fraudulent solicitations
Whether you or your attorney file your trademark application, the USPTO application fees will not change. Your overall cost for filing the application will go up because of the additional costs associated with your attorney’s services.
In the long term, however, hiring an attorney can save you money. An attorney will be able to advise you on trademark registerability, prepare your application and respond to the USPTO about any issues that may arise during the process.
You can find more information about hiring an attorney from the United States, including access to legal services at a reduced price and for free.