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Trademarks are one of the most important assets for a business. It’s important to understand what trademark costs will be associated with filing and registering your trademark.
A trademark is a recognizable sign, design or expression that identifies products and services from a particular source and distinguishes them from others. In the US, a trademark application can cost between $250 and $750 per class of goods/services.
Trademark Searches
Trademark searches are essential for brand owners, as they enable them to avoid adopting a mark that infringes a third-party’s trademark rights. A full search covers all avenues of protection for the mark in question and may cite marks that are identical to the target mark, or close variations that cover related goods and services. Attorneys review the search results to look for potential issues. Failure to conduct a comprehensive trademark search can cost businesses significant time, money, and energy in the form of legal disputes and rebranding.
Many businesses assume that they can conduct these searches in-house, as the process appears relatively straightforward and inexpensive relative to hiring attorneys. However, this is often not the case and mistakes are much more likely when searching and clearance processes are handled by non-trademark lawyers or business personnel. The USPTO’s TESS trademark database allows searches based on various criteria, including word or design mark, mark holder name, date of registration, classification, Boolean operators, and phonetic searching.
Filing Fees
The cost of filing trademark applications varies widely from one country to the next. Official fees include the initial filing fee, search fees and examination fees. Some countries also charge a registration fee upon approval.
Many trademark offices require applicants to specify the classes of goods and services for which they seek protection. Class-based fees can significantly increase the overall registration costs.
Some jurisdictions allow applicants to pay these fees in installments. However, there are usually eligibility criteria and timeframes that must be met to qualify.
In addition to the original application fees, business owners might also incur additional expenses if the USPTO sends a letter rejecting the application or requires further action to resolve issues. These expenses typically involve legal research and preparing formal legal arguments. In the case of a rejection, these expenses are normally not refundable. Renewal fees may also be charged between years five and six, as well as every 10 years after the registration is issued.
Legal Fees
Trademarks are an important underpinning of entrepreneurship. Without trademarks, companies would find it very difficult to differentiate themselves from competitors and would face a world of copycats and legal challenges. However, trademarks are not free and can be costly.
The official fees associated with trademark applications vary by jurisdiction and the number of classes that are included in your application. In the United States, the basic filing fee starts at $350 per class of goods or services (as of September 2021).
When hiring a trademark attorney be sure to ask about their flat-fee structure and what is included. A good trademark attorney will provide a detailed fee agreement. If they do not, you should look elsewhere.
Once a trademark is registered, there are costs associated with monitoring and enforcing the mark. For example, if another company files a similar mark, you may need to file a trademark opposition. This can be very complex and may require a lawyer’s assistance.
Representation
Trademark application fees vary by jurisdiction, class registrations, and the types of goods or services included in the application. Additional fees may be charged for filing requests, amendments, extensions, or registering a statement of use. Translating and notarizing documents for filing in foreign jurisdictions may add to trademark application costs.
The complexity of a trademark’s description and the required drawings are also significant factors that affect cost. Hiring a professional to create a high-quality drawing that meets the necessary standards can increase trademark application costs.
Maintaining a centralized registry for trademarks requires a dedicated staff and the technological infrastructure to support and update it. Therefore, application fees contribute to the overall cost of maintaining the registry and providing a valuable resource for trademark owners. They also provide funds to resolve disputes, respond to Office Actions, and provide legal services for applicants and trademark owners.