Search thousands of topics on CostHelper.com

BROWSE ALL TOPICS >> appliances babies & children  cars  consumer electronics health & personal care home & garden personal finance  pets  schools small business weddings
CostHelper > Small Business  > Trademark

Trademark Cost


How Much Does a Trademark Cost?

 
low costDo-It-Yourself: $325-$375average costMedium: $600-$1,000high costHigh: $1,000-$2,000+
post E-mail post Post   Comments (2)

Trademarks are distinctive words, pictures or logos that sellers use to identify their product, such as the Nike swoosh or Coca-Cola's "It's the Real Thing." Trademarks can be protected under federal, state and common law; federal registration offers the most protection and common law the least. According to the New York State Science and Technology Law Center[1] , trademark fees can be broken into filing fees, trademark searches, attorney fees for an opinion and attorney fees for the trademark application.

Typical costs:

  • It costs $275-$375 (paper submissions cost more than online[2] ) to file an application for a single trademark for a single class of goods or services with the USPTO[3] . Each application must include a description and "drawing" of your proposed trademark, when it was first used, the products and/or services on which it will be used, a suggested classification (out of approximately 40 listed by the USPTO) under which it should be registered and samples of how the mark is being used.
  • For federal registration, do a trademark search first, to be sure your potential name, phrase or symbol doesn't conflict with an existing trademark. Free online searches can be done at The US Patent and Trademark Office (USPTO)[4] , but with a limited database. Thompson and Thompson[5] is a leading provider of trademark searches of federal, state and other records. In both cases you must review the search results yourself to determine if your proposed trademark is available for registration. According to BasicPatents.com[6] , Thompson and Thompson charges them $380 per name per class. The New York State Science and Technology Law Center estimates searches to cost $400-$600.
  • Basic Patents.com[7] charges an additional $320 for an opinion, or $700 for a trademark search and opinion. The New York State Science and Technology Law Center estimates attorney fees for an opinion to run $500-$1,000.
  • Basic Patents.com[8] charges $1,000 to prepare, docket and file a trademark application. The New York State Science and Technolgy Law Center estimates attorney fees relative to trademark application to run $1,000-$1,500.
  • Each state issues its own trademark registration, but often it's not worth the effort because federal registration has higher legal standing, according to The New York State Science & Technology Center[9] .
  • Nolo Press sells a basic do-it-yourself book on trademarks for $30-$35 (online or paper).
Related articles: Copyright, Patent, Incorporating a Business

What should be included:
  • Cornell Law School[10] gives a concise overview of trademark law.
  • The American Bar Association[11] lists the basic steps for registering a trademark and The US Patent and Trademark Offices[12] goes into even greater detail.
Additional costs:
  • A government attorney reviews each application[13] to decide if the proposed trademark can be registered; if the answer is no, you have a chance to file more evidence in favor of your trademark registration, but you could end up having to choose a new mark and starting over with all new costs.
Shopping for a trademark:
  • An attorney is not required for the trademark process, but if you want legal guidance, The American Bar Association[14] links to legal resources by state, including free or low-cost legal help, the bar association to check that a lawyer is licensed in that state, and referrals to local lawyers.
post E-mail post Post   Comments (2)
CostHelper News


Top 7 Ways to Trim Pet Expenses
Pets, for many, are part of the family; another member that needs love, feeding and treatment, just like anyone else in the household. || Posted September 18 2013


Forgotten Expenses In a Home Addition Budget
Items like construction costs, permit fees or debris removal aren't the only expenses to consider when calculating the total costs of a home remodeling project. || Posted August 5 2013

‣ All CostHelper Blog Posts


What People Are Paying - Recent Comments
Article Updated in July 2007
Amount: $0.00
Posted by: CostHelper.com in San Jose, CA.Posted: July 22nd, 2007 11:07PM
Thank you for your feedback. We updated the article in July 2007. We expanded the USPTO fees to include the stricter TEAS Plus form (which costs $50 less), we clarify and link to several sources of our estimates for search and attorney opinion fees, and we corrected attorney fees by separating opinion and application fees.
Was this post helpful to you?   yes     no Report prohibited or spam
These Costs Are Not Accurate
Amount: $2,000.00
Posted by: ArborlawDotCom in Ann Arbor, MI.Posted: July 21st, 2007 11:07AM
Firm: Arborlaw Associates PLLCGranted:
A number of costs in the article "Cost of a Trademark" are not accurate. Starting with the Thomson & Thomson search (recommended), a US Full Availability search is priced at $595, and a Company Name Search is $930. This is triple the reported price range. With regard to the filing fees at the USPTO, there is actually a cheaper online fee than is reported here -- an online application can be filed for $275 ($325 applies in many cases and $375 is the first class mail price). I have yet to see a lawyer who will do a search and opinion letter for $600-800 as claimed, because the searching fees alone are $595-$930. Most lawyers take 2 hours to do a search review and opinion letter (at whatever is that lawyer's hourly rate). The amount reported for using a lawyer to file an application ($700-$2000) is in my experience a good estimate -- it is very accurate. One more thing to note, most lawyers will not handle an application *already in progress* (ie, one filed by a mark owner) for a flat fee -- they will make you pay standard hourly charges.
Was this post helpful to you?   yes     no Report prohibited or spam


 

Comment On Your Experience With a Trademark
 
Subject:  *
Amount Spent:  *
Firm: Granted: 
Comments: 
Purchased:  Year: 
City:  * State:  *
 
Information about you:
Email:  * Email addresses are not displayed.
Name:  This is the name we'll display with your post.
me on this computer
*=required field.
 



External Resources:
  1.  nys-stlc.syr.edu/lawlibrary/trademark/registration.aspx
  2.  www.uspto.gov/trademarks/teas/index.jsp
  3.  www.uspto.gov/trademarks/basics/howtofile.jsp
  4.  www.uspto.gov/main/profiles/acadres.htm
  5.  trademarks.thomsonreuters.com/region
  6.  www.basicpatents.com/tmfees.htm
  7.  www.basicpatents.com/tmfees.htm
  8.  www.basicpatents.com/tmfees.htm
  9.  nys-stlc.syr.edu/lawlibrary/trademark/registration.aspx
  10.  nys-stlc.syr.edu/lawlibrary/trademark/registration.aspx
  11.  nys-stlc.syr.edu/lawlibrary/trademark/registration.aspx
  12.  www.uspto.gov/trademarks/basics/index.jsp
  13.  www.uspto.gov/trademarks/basics/index.jspafterapp.htm#legal
  14.  apps.americanbar.org/legalservices/findlegalhelp/home.cfm
More Small Business Topics
Check Out All Costs for Small Business How Much Does a Security Guard Cost? How Much Does a Business Sale Attorney Cost? How Much Does a Motivational or Keynote Speaker Cost?

Search Thousands of Topics on CostHelper.com

 
Today's Featured Cost Articles

About CostHelper
CostHelper is based in Silicon Valley and provides consumers with unbiased price information about thousands of goods and services. Our writers are experienced journalists who adhere to our strict editorial ethics policy.

CostHelper Community
General Cleaning except windows and VCT
Paid: 0.00
Going rates can vary. However, your best advice is to stay below prices like Service Master or some big franchise charges. In general their help isn't that bright or speaks no English... [more]
-Gary Honey
Office Cleaning Cost
Dental Implants
Paid: 72000.00
Why do full dental implants cost more than purchasing a condominium?... [more]
-Jack Sprat
Dental Implants Cost
Clogged toilet to main line clean out
Paid: 465.00
Came out and pulled toilet ( took a whole 5 minutes)and ran his drain cleaning machine 75ft. to clear out clog which took about 15 minutes or so. Put on new wax ring and toilet back in place... [more]
-
Unclogging a Toilet Cost
Houston Flood
Paid: 450.00
never flooded, not in flood plain but just had 34 inches of rain in 5 days, huge flood 5 minutes away, hoping costs don't increase and that new maps won't include us in flood plain$250,000 building, $100,000 contents, $1250 deductible... [more]
-Thankfully Dry
Flood Insurance Cost
Ear Wax Removal
Paid: 1100.00
Yes, just got the bill! I paid my copay at my visit... [more]
-Michelle S.
Ear Wax Removal Cost
Scamming in Detroit
Paid: 410.00
My husband and I went to a sporting event on the Wayne State Campus. We parked in what was apparently a non-campus location. There were no signs stating that we couldn't park there, so we took advantage of the spot. Bad on us... [more]
-Kris Starosta
Recovering a Towed Vehicle Cost