Trademark Cost
Trademark Cost π: If you own a business, you may have thought about registering your brand as a trademark to protect it.
But the price of registering a trademark can be a problem for many businesses, especially small and medium-sized ones.
In this article, we’ll talk about the different costs of registering a trademark and explain what factors affect those costs.
What is a Trademark?
Before getting into how much it costs to register a trademark, you should know what a trademark is.
A trademark is a symbol, word, phrase, design, or a combination of these things that shows where goods or services come from and makes them stand out from those of other companies.
In other words, a trademark is a way for people to tell which brand something is.
How Much Does It Cost to Trademark a Name?
The average price to register a trademark for a name is $424, with most homeowners shelling out a total of $275 to $660.
Depending on the method you select and the category of your firm, the U.S. Patent and Trademark Office (USPTO) will charge you between $225 and $400 to register a trademark for a name.
To finish the trademark name registration on your behalf, anticipate to pay an additional $199 to $2,000 when engaging an attorney or legal agency.
The total cost to file a trademark will greatly vary depending on the method utilised and the class linked with it.
The USPTO recognises a company name and related logo as two independent trademarks, therefore it’s crucial to understand what is meant by a “single” trademark.
Whether you file yourself or not is one of the most crucial factors. You can choose between paper filing and electronic filing in this situation.
The total cost of these connected trademarks will go up if you choose to trademark both of these components of your company.
The 45 international categories of products and services that are overseen by the World Intellectual Property Organization (WIPO) are referred to as a class when this variable is used.
Chemicals utilised primarily in industry, science, and agriculture fall under class 1, for instance.
Class 2 consists of paints, varnishes, colourants, and other items intended to ward against the effects of corrosion. You must pay a different filing fee for each class if your company qualifies for more than one category.
What are The Costs of Trademark Registration?
The cost of registering a trademark can change based on things like the type of trademark, the number of classes of goods and services, the location, and the legal fees.
Here are the different costs that come with registering a trademark:
π€© Trademark Search
Before you register a trademark, you should do a thorough trademark search to make sure that it doesn’t conflict with someone else’s trademark.
Depending on how thorough the search is, a trademark search can cost between $500 and $1,500.
π€© Trademark Application
The application fee is the next cost that comes with registering a trademark. How much the application fee is will depend on where you want to register the trademark.
The application fee for a trademark in the United States is between $250 and $400 per class of goods and services.
π€© Attorney Fees
Even though you don’t have to hire an attorney to register a trademark, it’s a good idea.
An attorney can make sure that your trademark application is filled out and filed correctly, which can help you avoid making mistakes that will cost you money in the future. Depending on how complicated the case is, an attorney can charge anywhere from $1,000 to $2,000.
π€© Trademark Renewal
Once a trademark is registered, it’s important to renew it periodically to maintain the trademark’s protection. If you don’t do this, your U.S. Trademark registration will be cancelled.
Even though there are many factors, especially if you hire a lawyer, the average cost to renew is around $300 if you file electronically and around $400 if you file on paper.
Trademark Logo Cost
Depending on the filing class, the cost to register a logo with the U.S. Patent and Trademark Office (USPTO) ranges from $225 to $600 plus legal fees.
Your logo is one of the most crucial components when trying to set your company apart from the competition. It portrays you as a distinctive brand, which is something that should be safeguarded.
Once again, you must register your mark with the USPTO in order to trademark a logo. Depending on whether you register a conventional character mark or a special form mark, there are two different ways to achieve this.
π€© A Special Form Mark
When your logo comprises of a particular font, design, or combination of the two, on the other hand, this choice is necessary. You must upload a photo of your mark to finish this process.
Although your registration will only protect the exact sample you supply, it is crucial to submit your logo exactly as you want to preserve it.
This is the path you should pursue if your logo is currently an illustration or has a certain typeface or colour scheme.
The USPTO won’t accept your registration if your intended trademark is too generic or similar to another trademark.
Because of this, distinctive and original logos are the easiest to register as trademarks. For instance, a unique piece of art is more likely to be approved than a simple set of initials.
π€© A Standard Character Mark
This safeguards a particular combination of numbers or letters, such as Coca-Cola. In this scenario, your mark will remain safeguarded regardless of how the text is presented.
A conventional character mark is ideal if your logo is just your company name or slogan. You’ll have more creative freedom over how to use your logo this way.
Federal Trademark Information
The following fees may need to be paid more than once if your business sells many sorts of goods and services (such as movies and posters), as each application only covers one class of business.
π E-file fees: Use the Trademark Electronic Application System to submit your federal trademark application online at the USPTO website (TEAS).
If you can use the TEAS Reduced Fee (TEAS RF) form, the fee is merely $275 as opposed to the conventional TEAS’s $400 cost. If your application is fairly straightforward, you might just need to pay $225 to use the TEAS Plus form.
π Paper filing fees: The cost of submitting a paper form to the USPTO is $600 extra.
π Legal fees:Β An attorney will normally bill you $500 to $2,000 to look up business names and file your trademark on your behalf.
State Trademark Information
It’s a good idea to have a backup plan just in case.
π Corporations and LLCs: The registration of your business name is a part of the business entity formation process with the state. The cost to establish a corporation or LLC varies by state but is often under $150.
π Sole proprietors and partnerships: Your business name is also registered when you file a “fictitious name” form with the state, county, or city. Depending on the locale, prices range from $50 to $150.
You won’t need to register your name if you use it as your company name, but you will need to submit an application to your Secretary of State if you want a state trademark.
Why Is Trademarking a Name Important?
Trademarking a name is important because it protects your brand legally and stops others from using a name or logo that looks similar to yours.
When a trademark is registered, only the person who owns it can use it in connection with the goods or services it stands for. This helps people remember the brand and can make the business more valuable.
It also helps keep customers from getting confused and protects against infringement, which can hurt the brand’s reputation and bottom line.
Overall, trademarking a name is one of the most important things a business can do to protect its identity and reputation.
Important Data on Name Trademarking Costs
π $400β$500: How much some legal sites that offer discounts charge for trademark services. Only help with your application is covered by this fee. It doesn’t come with any help if your application is turned down, and it might not even come with a search.
π 50 to 80 percent: The number of trademark applications that are rejected on the first try every year.
This usually happens because the forms aren’t filled out correctly or because the person who filed the application didn’t do a thorough search to see if anyone else was using their name.
π $1000β$2000: A trademark attorney with a lot of experience will usually charge the following fees.
The average amount of time it takes to finish a trademark filing is between six months and three years.
Other Costs of Trademarking a Name
It will take more time and money to file a trademark application if you haven’t yet begun operating under the name you wish to protect. The USPTO will notify you about 12 weeks after your application.
After that, you have six months to either submit a $100 Statement of Use along with documentation proving that you have begun using the business name, or if you haven’t yet been doing business, you can ask for a six-month extension.
To draught the declaration and provide evidence that you are using the name, you will also need to pay legal expenses if you hire an attorney. The costs of the lawyers range from $250 to $700.
How Much Does It Cost To Copyright A Logo?
The procedure of copyrighting a logo differs from the process of trademarking a logo. All original works of authorship, including creative works like logos, are protected by copyright laws. Depending on how it is done, copyrighting a logo might cost different amounts.
When a logo is created in the US, copyright protection is applied automatically.
Nonetheless, companies have the option of registering their copyright with the US Copyright Office for added legal security. Currently, the cost to register a single work online is $65 and the cost to register a single work on paper is $85.
The underlying words or phrase of the logo are not protected by copyright; rather, the protection applies exclusively to the specific artistic representation of the logo.
The use of the same or similar terms as the logo by another company, for instance, would not be prohibited by copyright protection. A company would need to trademark the logo in order to safeguard both the design and the words or slogan.
Comparatively speaking, the cost of copyrighting a logo is lower than the cost of trademarking a logo.
Yet, while deciding whether to copyright or trademark their logo, firms should take into account their unique demands and objectives.
Trademark – Common Mistakes
When it comes to trademarking a name, businesses often make the same mistakes over and over again. Here are a few of the most common mistakes and how to avoid them:
π Failing to conduct a trademark search:Β Before you apply for a trademark, you should do a thorough search to make sure that another business isn’t already using the name or logo you want to trademark.
If you don’t do this, your application could be turned down or your business could be sued for trademark infringement.
π Choosing a generic or descriptive name: Because they are common and not unique, generic or descriptive names are hard to trademark. It’s important to give your business a name that stands out and is easy for customers to remember.
π Failing to register the trademark:Β It is important to protect your brand identity by registering your trademark with the United States Patent and Trademark Office (USPTO). If you don’t, your business could be open to infringement and legal problems.
π Using the trademark incorrectly: In all marketing and communication materials, it’s important to use your trademark correctly and consistently. If you use your trademark in a way that hurts its protection, it will be easier for others to steal your brand identity.
π Ignoring trademark renewal deadlines: To keep a trademark’s protection, it must be renewed every so often. If the trademark is not renewed on time, it may lose its protection and the owner may have to reapply for the trademark.
By avoiding these common mistakes and working with a qualified trademark attorney, businesses can protect their brand identity and avoid expensive legal disputes.
Reasons to Trademark Your Business name
You can register your company name in all 50 states as well as other nations if you have a federal trademark. You can file a lawsuit in federal court to defend your branding if your name has a federal trademark.
If someone tries to use your company name, you may be able to sue them and receive financial compensation or even file criminal charges.
By using a name that is similar to someone else’s, you’ll also be making sure that you are not infringing on their trademark.
Reasons You Might Not Trademark Your Business Name
If it doesn’t already belong to someone else, your business name is protected the moment you start using it, even if you haven’t registered it.
Locally, common law trademark protection shields you from competition using your name. You already have some federal protection if you’ve registered your business entity or fictitious (DBA) name with the state.
FAQs About Trademark
How much do trademarks cost?
You should budget between $250 and $750 for the USPTO processing fee when submitting an application to federally register your company name as a trademark.
The amount of trademark applications you submit will determine your trademark fees, according to the USPTO website.
How much does it cost to use a trademarked logo?
A paper application will cost you $600, whereas using TEAS will save you money with fees ranging from $225 to $400.
You will need to submit a separate application for each class if you use your logo for more than oneβfor example, if you own a diner and sell t-shirts.
Is trademark a yearly fee?
You must continue paying maintenance costs to maintain your registration once your trademark registers.
Is it worth getting a trademark?
As a way to safeguard your brand’s identity, trademarking is a crucial step. The theft of your clients by rivals who copy your brand will be prevented.
In the event that those imitators do something to harm your reputation, it may also provide you with some protection.
How long does a trademark last?
Trademarks do not lose their validity over time, unlike patents and copyrights. So long as the owner uses the trademark, it will remain in existence.
The owner must continue to use the trademark in regular commerce after the United States Patent and Trademark Office (USPTO) awards it registration.
What is the cheapest trademark?
Via the Trademark Electronic Application System, registering a trademark in the United States is among the simplest and most affordable options (TEAS).
The cost of applying online as opposed to filing a trademark offline is $250β$350β$750, accordingly. TEAS is the USPTO’s online trademark filing system.
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