Trademark Application Costs

Costs for applying for federal registration of a trademark with the USPTO depend largely upon three key factors:

  1. number of classes of goods and services;
  2. filing basis (whether based on actual use of the trademark or an Intent-To-Use); and
  3. the number of Office Actions from the USPTO, if any, and the type of rejections or requests therein.

Since the number of classes and filing basis can be determined upfront, our firm provides flat attorney’s fees for filing trademark applications. The variable cost factor in federally registering a trademark is the possibility that the trademark examining attorney may reject your application or issue follow-up questions and requests.

Currently, my firm charges $900 per class of goods/services, including the $275 USPTO filing fee. If the application is based on an Intent-To-Use, then our firm currently charges $400 per class to file the Statement of Use (or Amendment to Allege Use as the case may be), including the $100 USPTO fee. So, the total cost of an ITU application is $1,300 per class, not including any responses to Office Action rejections.

Reducing the Cost of a Trademark Application

The most practical way to reduce cost is to minimize rejections. Two of the most common rejections consist of likelihood of confusion (i.e., your mark is too similar to another trademark filing) and mere descriptiveness (your mark describes a quality, characteristic or feature of the goods/services identified in the application).

knockout trademark search helps identify potential sources of a likelihood of confusion rejection. Knowing what similar marks have already been filed by others can help you recognize obvious landmines before applying for the mark. Such searches often lead to additional brainstorming of new marks which may be less risky than the original mark. Our firm’s trademark filing package includes a knockout search at no additional cost.

Experienced trademark attorneys can also provide guidance on the potential of a merely descriptive rejection. The issue is not how common the words are, but the meaning of the words in your mark in relation to your goods or services.

Trademark Application Process

Initial Filing

We think checklists are wonderful, so we’ve provide a simple questionnaire/checklist to help clients gather the necessary information and materials for a trademark application Trademark Form-ICLG. If an ITU application is contemplated, then specimens of use and dates of first use are not required.

Office Actions

After the initial filing, it takes about 3-6 months for a USPTO examining attorney to review the application. If the examining attorney rejects the application or has any questions or requests, an Office Action will be issued giving the applicant a non-extendable 6-month period to respond.

Mark Published for Opposition

If there are no rejections or any prior objections have been fully resolved, the mark will be published for opposition. The applicant will receive a Notice of Publication identifying the starting date for the 30-day window during which any member of the public may oppose the registration of the mark. If there are no oppositions, then the USPTO will issue either the certificate of registration (for marks where evidence of use has already been submitted) or a Notice of Allowance for ITU applications.

Notice of Allowance (ITU only)

A Notice of Allowance provides the applicant with a 6-month timeframe to submit the Statement of Use. If additional is required, the applicant may request further extensions of time in 6-month increments for a maximum total of three years from the Notice of Allowance date.

Certificate of Registration

You may place the circle R symbol only after the certificate of registration has been issued. Renewal deadlines are generally at the 6-year anniversary of the registration date, the 10-year anniversary, and every ten years thereafter. Unlike patents, trademark registrations can continue indefinitely as long as the owner continues using the mark on the goods or services identified in the registration.

 

 

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Vic Lin

Vic Lin

Startup Patent Attorney | IP Chair at Innovation Capital Law Group
We love working with startups and small businesses. I help entrepreneurs protect their intellectual property so they can reach their business goals.