Trademark registration costs: If you are a small business owner, trademark registration is a pivotal step in safeguarding your unique business identity. Your brand name, logo, advertising slogan, intellectual property, and everything else that distinguishes your business must be trademarked to establish brand value and avoid impersonation by competitors.
You can register your trademark at the state or federal level. Trademarking your assets at the state level is cheaper but offers limited rights. On the other hand, federal registration is expensive but provides nationwide legal protection for your trademark.
For a simple, DIY, federal-level trademark application for a single product, you can expect to pay between $250 and $350. However, you may incur additional costs for more complicated applications and professional services. This article provides an overview of trademark prices, application methods, and additional costs.
How much do trademarks cost?
The overall costs of registering a trademark federally with the U.S. Patent and Trademark Office (USPTO) lie between $225 and $2000, while a state registration costs between $50 and $150.
Trademark registration costs vary widely, depending on factors ranging from application fees to optional services, if required. The key elements that impact your registration costs are –
- Method of registration: online or offline
- Type of trademark application – whether individual, startup, or small business
- The number of classes (goods and services categories) that you propose to trademark
- Legal fees or online service charges if you opt for professional services
- Additional costs of hiring a graphic designer if you need a complex logo
USPTO Trademark Registration Costs
At the time of this writing, the USPTO defines 45 classes of goods and services, each carrying a trademarking price of $250 to $350. If you want to trademark more than one class of goods and services, you need to file separate applications for each.
You can file a trademark application with the USPTO online through its Trademark Electronic Application System (TEAS). USPTO also offers an offline filing option, although paper applications cost considerably more.
Filing your application online through TEAS costs $250-$350 per application, while offline filing costs range from $250 to $750 per application.
It offers two options for federal trademark filing, as below:
TEAS Plus
TEAS Plus costs $250 for each class of goods and services. It is the cheaper and more basic electronic filing alternative. However, it requires the applicant to adhere to pre-approved descriptions of trademark classes from the Trademark ID Manual.
TEAS Standard
A TEAS Standard application costs $350 per class of goods and services. While it comes with a higher filing fee, it offers more latitude in terms of the description of your goods and services and the format of your application. TEAS Standard is the better option if your business deals in non-standard or custom products.
#Note: The USPTO procedures and application fees change over time. We recommend that you visit the official USPTO website or consult with a legal professional to get the most up-to-date and accurate information on trademark pricing and alternatives.
Additional Costs of Registering a Trademark
The additional costs for trademark registration include:
Multiplied application fees for more than one trademark class
USPTO charges for applications on a per-class basis. In other words, you need a separate application for each class of goods and services that you wish to trademark. For instance, if you trade in cosmetics and jewelry, USPTO identifies these as distinct product classes and requires you to pay for two applications.
Search fees
USPTO requires you to conduct a clearance search to ensure that your chosen trademark does not conflict with existing ones.
A DIY search on USPTO’s Trademark Electronic Search System (TESS) is free of cost. However, it is best to conduct an advanced search beyond TESS’s database, as close similarities with existing trademarks may result in your application being denied. Note that USPTO neither refunds application fees nor offers discounts on re-application.
To avoid complications, it may be a good idea to outsource the search to online filing services or a trademark attorney. Professional services for a clearance search can cost you upward of $300.
Drawing costs
Your application must be accompanied by a drawing or depiction of your trademark. Trademark drawings include
- Standard character drawings or the trademark text
- Special form drawing or the graphics associated with your trademark, such as font, style, and color.
You must file two separate applications if you want to protect both your text and design. Additionally, if you want a complex design or logo, you may have to spend between $250-$750 to hire a graphic designer.
Other costs
Other costs include a resubmission fee of $125 for an incorrect or incomplete application and a renewal fee of $525 per class every 10 years to maintain your trademark.
Trademark Costs for Online Legal Services
Online legal services for trademark registration can cost around $500 in addition to the application fees paid to USPTO.
The advantages of using online legal services to register your trademark include –
- Greater accuracy in filing the USPTO application than doing it yourself
- Thorough trademark search
- Digitization of your trademark drawing
- Digital copy of your application
- Providing limited legal support
However, some online legal service providers charge an unusually high fee for a comprehensive search, which can quickly add to your total expenses. Moreover, if your application is rejected despite using an online service or if you run into complications, you may have to consult a professional trademark attorney at an additional cost.
Cost of Using a Trademark Attorney
The average cost of using a trademark attorney for trademark registration ranges from $1,500 to $2,000 but may run into thousands of dollars if you need an international trademark. Costs depend on the lawyer’s rates, the scope of your business, and the complexity of your case.
Some attorneys charge an initial upfront fee followed by hourly consultation fees; others only bill by the hour. You can expect to pay between $300 and $400 for an experienced trademark attorney.
Despite the costs, the benefits that dedicated trademark attorneys offer in terms of legal knowledge and expertise, strategic guidance, and ensuring a smoother registration process can outweigh the initial investment, especially if you have a complex case.
The advantages of using a trademark attorney include –
- Tailored legal advice
Trademark attorneys are well-versed in the complex legal aspects of trademark registration. They can provide the right legal advice for your specific situation and help you avoid or navigate potential complexities.
- Application preparation and completion
Trademark attorneys are well-informed about the specific language and formatting of trademark applications, USPTO-mandated documentation, and the classes to apply for. This minimizes the likelihood of rejection due to technical errors.
- Strategic guidance
Specialized trademark attorneys can undertake comprehensive clearance searches with legal search software. This helps you avoid potential infringement-related conflicts. They can also offer advice on developing a distinctive trademark design to maximize your brand’s market recognition.
- Response to Office Action and legal assistance
If the USPTO issues an Office Action citing concerns with your application, an attorney can address these issues effectively. In case of disputes or legal actions related to your trademark, having a dedicated attorney who already knows your trademark history is a significant advantage.
A Comparison of Trademark Registration Costs: DIY vs. Online Services vs. Lawyer
Here is a quick comparison of the basic costs incurred in the three trademark application methods:
- DIY Registration Costs
- $250 – $350 for a single application through TEAS
- $125 resubmission fee in case of rejected application
- Online Services Costs –
- $250 – $350 for a single application through TEAS
- Around $500 service charges
- Trademark Attorney Costs
- $250 – $350 for a single application through TEAS
- $1,500 – $2,000 average consulting fees
Conclusion
The DIY method of registering a trademark is the cheapest but may be complicated. Application rejection chances are high in this method. You may lack the resources for a comprehensive clearance search and access to legal support if you receive an Office Action. This method is the best if you have a low budget and a straightforward case.
Using an online legal service will add to your budget but offer benefits such as filing the application for you, digitizing your trademark drawing, and conducting a basic search if you lack the time. However, an online legal service will not provide strategic feedback on your trademark or expert consultations if you run into complications. Using a trademark attorney can cost you substantially, but it is worth it if you have a relatively complex case and multiple-class trademark applications. The attorney will provide expert feedback on developing a distinctive trademark, minimizing your chances of rejection. They will also provide strategic and legal assistance as required.
Frequently Asked Questions
Where do I go to get my business name copyrighted?
You cannot get a copyright to your business name, but you can get it trademarked. You can apply for a trademark online through USPTO’s Trademark Electronic Application System (TEAS), use online legal services, or approach a specialized trademark attorney who will guide you through the process.
