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We can file your application on your behalf and notify you accordingly. Does your business have a website that allows users to share or store content? We can also help you protect your trademark by monitoring it every month and filing a cease and desist demand if anyone tries to steal it.
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Hassle Free We have helped over , people with their problems. Does a Trademark Cost Too Much? Find the Answer in This Guide. Be sure to choose your classes carefully in the application.
After filing the application, it is possible to cut classes from the application. In addition to the application fees, it's possible that a business owner must pay a Statement of Use fee. You can file a trademark application in two ways. First, it is possible to file a trademark application because you have already used the mark to sell goods or services. Second, it is possible that you plan to sell the goods or services in the future.
If you haven't yet sold the goods or services, then you will need a Statement of Use. A Statement of Use is a declaration from the business owner that swears he or she has started to use his or her trademark in the business. This Statement of Use is filed at the end of the application process. You file the Statement of Use about seven to nine months after filing the first application. There is a fee to file the Statement of Use. In addition to the fees paid to the government for the application and Statement of Use, attorney fees are an extra cost.
Some attorneys can file a trademark application for you for a flat fee. The flat fee includes the cost for the attorney to prepare the application, too. If you want to file an application for multiple classes though, the flat fee might be more. It's important to understand the services the attorney will offer for the flat fee. Make sure the attorney:. If your trademark lawyer cost includes a flat fee, it is important to understand what services the flat fee includes.
Here is a list of actions that a trademark lawyer might need to do:. Although some attorneys charge their trademark lawyer cost with a flat fee, others might charge more. These attorneys charge for the time spent reviewing any questions you have. Alternatively, they might charge for:. These charges can cost more because they are not on a flat fee. However, these trademark lawyer costs are important. There is ample work that still needs to occur after a trademark application is filed.
Before even filing a trademark application, it is important to conduct a thorough trademark search. This search might show trademark registrations for products that are like yours. These products might be using similar logos or branding. This similarity might make it difficult for you to use your trademark. Some flat-fee arrangements will include a simple trademark search. However, your trademark lawyer can conduct a more comprehensive search.
A flat fee arrangement might not include services the lawyer performs after he or she files the application. For instance, in the event your application is not accepted, further action will be required to resolve the refusal. After the review is complete, the Trademark Examiner also known as the Examining Attorney might issue an official letter refusing your application.
This letter is called an Office Action. Sometimes it's easy to overcome this first refusal. But sometimes, it is more difficult to overcome this hurdle. It is possible a lawyer needs to conduct legal research.
It is also possible an attorney will need to prepare formal legal arguments. The cost depends on the time and effort required to prepare the response. Most business owners expect to receive at least one Office Action, possibly more.
The attorney must file the response within six months. If the Examining Attorney is not happy with the response, the lawyer must prepare another letter to reply to the concerns.
After the registering the trademark, businesses will also have some costs to maintain the trademark registration and to avoid cancellation. Five years after registering the trademark, you will need to file a Declaration of Continued Use. The Declaration will include a sample to show how the mark is used on the goods. Then, nine years after trademark registration, you must renew your trademark. To renew your trademark, you must file an Application for Renewal.
In addition to registering a trademark with the USPTO, it is also possible to register a trademark in each state. A state registration is cheaper, too. However, registering a trademark with a state is also less useful. It is usually better for business owners to receive a federal trademark registration. There are more costs that will apply if a business owner seeks to secure international trademark protection under the Madrid Protocols.
There's a free trademark search tool you can use to help you with this. The cost will differ depending on the application requirements and whether you fill out a paper or electronic application. There's an application fee for a trademark in one class. They'll perform a trademark search and review your trademark specimen.
They'll also prepare and submit your application and send in a digital copy of the application. Depending on how extensive the trademark search is, the cost may be affected. You'll get personalized feedback on your trademark that you're registering, and they can perform a detailed search including internet, web domains, and state level. They'll also prepare and submit your application, as well as respond to any complications that arise during this application process from the USPTO.
Any issues that come up during the application process and how extensive the trademark search is will greatly affect your total cost. TEAS Plus is the cheapest option and requires you to file electronically. There are extra requirements for the requirement such as:. TEAS Regular is the most expensive option and doesn't have any extra requirements; you can file it on paper. You should know that the trademark fees are for one class and a single trademark. To qualify for a TEAS Plus trademark application, you need to meet certain filing conditions by including the following with the application:.
This isn't an exhaustive list, which means there can be other reasons you would be disqualified from obtaining TEAS Plus Application status. To figure out if you qualify for it, you should connect with an attorney before you file the trademark. You should note that this will cause a further delay in the application, and you'll need to have a timely response in paying the extra fee to the Office Action before your application gets approved.
This is another reason using a lawyer will save you money, as he or she will fill it out correctly the first time. Even though this might seem expensive, trademark attorneys can offer an invaluable service. A trademark lawyer can conduct an extensive trademark search. This search will go beyond a basic search to make sure your trademark doesn't infringe on other trademarks.
A trademark lawyer will conduct a comprehensive search to include federal, state, and common law trademarks , often using professional software. These searches work to find any potential issues that could arise in your trademark filing. A trademark lawyer can tell the strength and uniqueness of your trademark. They can offer a quality trademark assessment.
They can suggest changes to help make your trademark stronger. They can offer advice on how to use your name or logo in a way that won't prevent you from receiving your trademark. Consider the following about the cost to hire a trademark attorney. At Gerben Law Firm, our goal is to deliver quality legal services at a reasonable flat fee.
This flat rate does not simply cover submission of your application, but also a full federal, state and common law trademark search as well as consultation time with an experienced trademark attorney.
Once the search is complete, you will then receive an opinion letter and a telephone consultation with your trademark attorney to discuss the findings of your trademark search.
The rate also includes a complimentary second search if the first reveals potential conflicts. Our trademark attorneys can typically respond to most non-substantive Office Actions on your behalf throughout the process, as well. Once your trademark has been registered, you will receive your registration certificate through the mail.
Gerben Law Firm has registered over 4, trademarks since opening our doors in Contact us today for a free consultation with a trademark attorney. Our trademark attorneys will also assist you in determining the correct international classes for your trademark, based upon the goods or services you intend to provide. Completing a comprehensive search and submitting an accurate application are a critical part of the registration process, and maybe cause for rejection if not done properly.
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