The advantages of having a registered trademark are absolutely enormous and cannot be overstated. A USPTO registered trademark ensures that only the applicant has the right to use the trademark in conjunction with the designated goods/services and in the event that a competitor infringes on these trademark rights, the competitor/infringer will subject to severe and meaningful legal consequences. Still, it is perfectly understandable that entrepreneurs and startups are concerned with the costs associated with obtaining trademark protection and it is important to understand what is financially at stake before beginning the trademark process.
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*Government filing fee per Class of Goods = $250.00
*Government filing fee per Class of Goods = $250.00
SO, HOW MUCH DOES IT COST TO OBTAIN A TRADEMARK
The cost to register a trademark with the United States Patent and Trademark Office (USPTO) will be a function of the following:
- The Government Filing Fees
- The amount of money the trademark attorney charges to assess the inherent registrability of your trademark, conduct a trademark search in the USPTO database, file the trademark application, manage the application etc.
Remember, when one “owns a trademark”, he only has proprietary rights to that trademark in conjunction with a specific set of goods/services. In order to effectively communicate to the USPTO what specifically it is that is to be sold and provided under the trademark, the USPTO has divided all potential goods and services into 45 different categories of goods/services, which are referred to as International Classes. While the first 34 classes account for products, classes 35-45 cover services. So, if you were to file a trademark with the purpose of using the trademark in conjunction with the sale of T-shirts, you would simply designate CL 025, which covers apparel, and list in the description box the goods “T-Shirts”.
GOVERNMENT FILING FEES ASSOCIATED WITH REGISTERING A TRADEMARK
The USPTO charges a flat fee of either $250.00 or $350.00 PER CLASS OF GOODS. This means that the USPTO doesn’t charge the applicant, per trademark, but rather according to how many different types of goods/services the applicant intends on selling under the trademark. Why is the fee either $250 or $350? Well, the main difference between these two fees is the degree to which the applicant can select and curate the description of the goods/services listed in the application. Under the TEAS PLUS trademark application, which costs $250.00/Class, the trademark applicant is required to select the goods/services from a pre-set listing from the Trademark Identification Manual (TIM). Conversely, under the TEAS STANDARD trademark application, which costs $350.00/Class, the trademark applicant can draft his/her own unique description of the goods services. Therefore, depending on the complexity and individuality of the goods/services that you’re selling, you may be able to rely on the $250.00 application or conversely, you may have to spend a bit more on the $350.00 to customize your description. This is quite common for tech startups where the goods that are being sold full of technical and idiosyncratic jargon.
Next, as we have covered in previous posts, it is perfectly common for entrepreneurs and startups that are at the beginning of their company’s journey to apply for trademark protection before they have actually started making any sales. Of course, a trademark can only be registered when it is used in conjunction with the sale of a good/service so you may correctly be wondering, how do these startups apply before use? Very simple. The USPTO recognizes that companies have an interest in protecting their name/logo/slogan after the marketing phase has begun but before any sales have occurred and therefore, allow applicants in this situation to apply for a 1(b) Intent-to-use trademark application. Here, the applicant is instructing that while he/she may not be using the mark in commerce yet, he intends to use the mark in commerce and therefore is allowed to obtain a preliminary set of protections that can mature into full registration rights once the mark is in fact used in interstate commerce.
The Gov. Filing fee at the time of filing the 1(b), Intent-to-use- application is the same BUT after a six month period, the applicant either has to file a Statement of Use, which costs $100.00/Class OR the applicant can file an extension of time request to file the statement of use which costs $125.00/Cl.
Application and Application-Related Fees
| || |
|TEAS Standard||$275 per class||$350 per class|
|TEAS Plus||$225 per class||$250 per class|
|Lower processing fee for failing to meet TEAS Plus requirements||$125 per class||$100 per class|
| || |
|Section 8 or 71 declaration filed through TEAS||$125 per class||$225 per class|
|New fee for deleting goods, services, and/or classes from a registration after submitting a Section 8 or 71 declaration but before the declaration is accepted||No fee||$250 per class|
Petition to the Director and Letter of Protest Fees
| || |
|Petition to the Director filed through TEAS||$100||$250|
|Petition to revive an abandoned application filed through TEAS||$100||$150|
|New fee for Letter of Protest||No fee||$50 per application|
| || |
|Petition to cancel filed through ESTTA||$400 per class||$600 per class|
|Notice of opposition filed through ESTTA||$400 per class||$600 per class|
|Initial 90-day extension requests for filing a notice of opposition, or second 60-day extension requests for filing a notice of opposition, filed through ESTTA||$100 per application||$200 per application|
|First 30-day extension request for filing a notice of opposition, filed through ESTTA||No fee||No fee|
|Final 60-day extension request for filing a notice of opposition, filed through ESTTA||$200 per application||$400 per application|
|Ex parte appeal filed through ESTTA||$200 per class||$225 per class|
|New fee for second and subsequent requests for an extension of time to file an appeal brief in an ex parte appeal filed through ESTTA (there is still no fee for a first request)||No fee||$100 per application|
|New fee for appeal briefs in an ex parte appeal filed through ESTTA||No fee||$200 per class|
|New fee for requests for oral hearings||No fee||$500 per proceeding|
LEGAL FEES ASSOCIATED WITH REGISTERING A TRADEMARK
There is unfortunately uniform or “market price” for how much a trademark attorney may charge for filing a trademark application but it is our law firm’s very strong belief that trademark filings must be charged on a flat fee basis, rather than on an hourly basis (which can get out of hand quickly). At Cohn Legal, PLLC, the cost is a flat fee of $650, which covers a full legal consultation, an analysis of your trademark’s inherent eligibility based on its distinctiveness, a full TM search in the USPTO database, and all of the logistical work involved in preparing and filing the trademark application. We take great pride in our willingness and ability to walk our client’s through strategy and branding sessions, which help determine the best for trademark, and ultimately, brand protection.
FINAL COST TO OBTAIN A TRADEMARK REGISTRATION
Assuming that you are already using the trademark in commerce and do not need to file an intent to use application, the cost for filing a trademark is a flat fee of $650 + Gov. Filing Fees of either $225 or $275 per class of goods. We can of course help you draft the description for your goods/services and help you determine if you can use the $225.00/CL tm application or if you require the $275.00 Application. Finally, if you are filing a trademark application for one Class of Goods, the entire process should cost you under a thousand bucks.
**UPDATED USPTO FEE SCHEDULE 2021**
The beginning of the year 2021 brought a few changes in Americans’ lives, especially business owners. One of them is the revamped fee structure for the new trademark and Trademark Trial and Appeal Board (TTAB). From January 2, 2021 onwards, the United States Patent and Trademark Office (USPTO) has been implementing new fees across the country. This sudden increase in the fee will affect a wide range of applications, from trademarks to renewals and opposition filings.
Some of these notable surges will impact the strategic considerations for enforcement strategies, new filing, maintenance submissions, etc.
TRADEMARK REGISTRATION APPLICATION FEE
The fee for a Trademark Electronic Application System Standard (TEAS Standard) application has been increased from $275 to $350 per class, which means an additional $75. Simultaneously, the TEAS Plus application charges has soared to $250 from$225, increasing by $25.
The TEAS standard application fee has been increased drastically to encourage new applicants to follow USPTO Identification Manual in terms of language while identifying goods and services. It ensures that the applicants don’t go off-script while explaining their goods and services, which is a key requirement for registering a patent. It will take lesser time for the attorneys to compare your goods and services with others and decide whether they are worth trademarking or not, if the applicants have used a certain identification language that the USPTO has already approved. It will save time and help the applicants with an alternative identification language sufficient as per USPTO requirements. This will result in shorter applications and a quick examination process.
Nonetheless, the USPTO has adjusted the fee for applicants who fail to meet the TEAS Plus requirements. They have reduced the charges from $125 to $100 per class.
Though TEAS Plus application seems cheaper than TEAS standard, however, you must know that the per class fee of the former is $250 and the penalty of $100, in case of failing to file a proper application, added together becomes equal to the TEAS Standard application fee of $350. Therefore, the applicant’s cost remains the same as the new TEAS standard application fee.
TRADEMARK TRIAL AND APPEAL BOARD (TTAB) FEE SCHEDULE
Below is a TTAB fees structure for applications filed via Electronic System for Trademark Trials and Appeals (ESTTA) that can vary between $25 to $200
- Charges for notice of opposition has increased from $400 to $600
- A request for the initial 90-day extension period to file a notice of opposition has jumped up from $100 to $200
- The next 60-day extension period to file a notice of opposition has inflated from $100 to $200
- The final 60-day extension period to file a notice of opposition has gone up from $200 to $400
- Cancellation charges of a petition has also increased from $400 to $600
- The appeal for ex partenow costs $225
To give you a clearer idea, there are other TTAB charges also taking effect. A fee of $100 has been applied for the second extension period to file an appeal through(ESTTA) in ex parte. Whereas a fee of $200 is applicable for appeal briefs in ex parte through ESTTA. Furthermore, a fee of $500 on every proceeding is applicable for oral hearings.
There are no charges for the initial 30-day extension to file for notice of opposition via ESTTA. Moreover, there will be partial refunds for canceled petitions by the USPTO. These refunds can be availed only if it includes non-use claim or abandonment, no filling in the procedure except for the canceled petition, and if the defendant is not present or do not choose to appear.
The TTAB filings and USPTO trademark will cost you more if you’re submitting it physically on paper instead of electronic means. There are other fee changes in the USPTO trademark, as shown below:
- TEAS standard application process has now increased to $350 per class
- TEAS plus application process now increased to $250 per class
- The charges for failure to meet the TEAS Plus requirements is now $100 per class
- Filing of Section 71 or 8 through TEAS is now $225 per class.
- Petition for the Director through TEAS is now $250
- Petition to review an old, abandoned application through TEAS is now $150
However, there are no charges for Section 7 if filed electronically to bring changes in the registration before submitting Section 71 or 8 declaration. There is a fee for removing or deleting goods and services from the registration after submitting Section 8 or 71 declaration. Before accepting this declaration, a fee of $250 will be charged for TEAS for every class. Whereas, the letter of protest will be charged at $50 for every application submitted.