About how much does it cost to trademark something [Real Research]

Last updated : Aug 27, 2022
Written by : Kristofer Scarset
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About how much does it cost to trademark something

How much does it cost to trademark or copyright a logo?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

Is trademark cheaper than patent?

Patenting inventions is extremely expensive, starting at $530 just for filing and processing the patent, with a further $300 in early publication fees. The cost of trademark registration is lower, but it still begins at $275 and goes up from there.

Is it worth it to get a trademark?

It is a good idea to register your trademark to protect yourself against an infringement suit, to add value to your company, to put your competitors and the public on notice of your rights in your own brand and to strengthen the legal protection of your mark.

How much does a trademark patent cost?

The more classes of goods or services you include, the higher the cost. For example, if you're filing a TEAS Standard initial application, you'll pay $350 per class of goods or services. If you have two classes of goods, then you'll pay $700 ($350 plus $350).

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

How do I copyright my logo?

All you need to do is register your ownership of your copyright with the Office for United States Copyrighting. You can do this either by sending a document in through the mail or submitting an application online. Typically, and at the time of publication, it costs between $35 and $85 to officially copyright a logo.

Do I need to trademark my business name?

There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.

Should I get a trademark or LLC first?

It is important to get BOTH an LLC and a trademark and it is best to form the LLC BEFORE applying for a trademark. Each offers different protections, and they work together to provide broad protection for your business. It is better to form an LLC before filing a trademark application.

Do you have to pay taxes on a trademark?

Report your profit from the sale of the trademark on your income taxes. You cannot deduct the cost of creating your trademark, but you can apply it to your formulation of the "income tax basis", which is the reference point for determining tax liability upon sale and depreciation deductions.

Can you make money off a trademark?

But registering a trademark isn't just an opportunity for entrepreneurs to preserve all of their hard work from getting used by another company – it's another way to make money too. Some trademarks are worth billions. Google's trademark value totals a whopping $44.3 billion. Microsoft's comes in at $42.8 billion.

Do I have to trademark my logo?

To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

How long does it take to trademark a name?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

How do I trademark a name and logo?

  1. Complete a trademark search.
  2. Secure your rights.
  3. Submit an initial application at uspto.gov on the Trademark Electronic Application System or TEAS.
  4. Fill out the TEAS form for an initial application. Be sure to upload the file of your logo.
  5. Submit an "intent-to-use" form.
  6. Pay the fees.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

What can I do with a trademark?

A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks.

How do I copyright a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

What's the difference between LLC and trademark?

Legal Protection LLCs and trademarks are each an integral part of the business world, but both serve different purposes. While LLCs are legal business entities that protect the personal assets of business owners from lawsuits and bankruptcies, trademarks protect the intellectual property of the business.

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About how much does it cost to trademark something

Comment by Jene Richrdson

hi everyone my name is Marcela Dominguez and I welcome you back to my channel make sure to hit subscribe because I want you to be notified of whenever I release a video so you can learn more than you knew before you started watching this video today I want to talk to you about how much is this whole trademark thing going to set me back tell me the exact cost down to the penny because I want to know how much I should be budgeting for my trademark application if you're someone that is extremely committed to your business and you know that you want to protect your friend or the businessing that you have worked so hard to come up with or even that logo that the designer designed for you I want to make sure that you're aware of the cost to protect it you see I see a trademark registration as insurance for your brand if anything goes wrong if someone tries to steal your name if someone tries to pull a copycat on your logo or create something similar to the local that you have then you need to pull out your trademark registration certificate and that in essence is your leverage because without leverage you are going to have to apply common law trademark rights and sometimes that can be a little more difficult than just having a trademark registration which will allow you to take advantage of all of the benefits of a trademark registration including suing those copycats in federal court something that you would not be able to do if a common law trademark right assertion so how much is this thing going to set me back there is an option to spend only 2025 dollars and the difference between those two applications is this so the least expensive option available to you is going to be the T's plus application the cost is two hundred and twenty-five dollars now do they allow payment plans no do you have to pay all of it up front yes what if you have more than one class of goods do you have to pay for all of those classes from the get-go yes you do so no matter which application you choose whether it's the T's plus or the t's RF you are going to have to pay the full application fee up front and you're also going to have to pay for all of the identifications of goods and services that you choose within the application well I always use the application that costs two hundred and seventy five dollars so I have already told you that the T's plus application is the least expensive option now the difference between the T's plus and the t's RF application is that with the T's plus application a list is going to populate of the different identification of goods services you will be able to select which one applies to your business now with the t's RF application you are going to be able to actually type in a specific description of good or services for your business so let's say something on the list doesn't sound quite right and you need to be able to tweak it well you're not going to be able to do that with the T's plus application but you will be able to do that with the t's RF application the t's RF application is the one that I would say I use most of the time because it allows me to craft and customize the right description for my clients I do not like using the t's Plus application is I am filing something a little bit more complex so it depends on what you want to file and how much you want to spend so if you found this video useful make sure that you hit subscribe down below so you can be notified when I release another video which will help you through your trademark journey

Thanks for your comment Jene Richrdson, have a nice day.
- Kristofer Scarset, Staff Member

Comment by dtbrentsb

hi i'm tamie shionbotti houston-based attorney and host of ask tammy live where we discuss the best ways to establish a business protect your name and keep your profits today's question of the day is how much does it cost to get a trademark now that's a great question and i'm going to give you a lawyerly answer but i'll explain it is it depends right and so what does it depend on though i've broken it down into four factors the first factor that it depends on is when you decide to file the application the second one is the process that is taken the third one is the categories that you are filing your trademark in and the fourth one is who will be responsible for doing the work so let's take each of those factors one by one the first factor something to keep in mind first thing to keep in mind when we're talking about when is that the prices the filing fees for your trademark applications are going up in 2021. i know say it isn't so but unfortunately it is so for the standard application currently it's 275 um but the price the filing fee for that is going up to 350 there is a more streamlined process that's 225 currently that will also be increasing to 250 but most practitioners tend to lean towards using the standard one because it provides some things that make it that help in terms of submitting your application i'm not going to go into the nuance details right now but the standard one can be better for a lot of the applications that are being submitted if you are doing it in 2021 you get to be under the new filing fee regime you are looking at 350 dollars per trademark per class and we'll talk about class um in a few so the next thing to keep in mind when we're talking about when is when you are or how far you are in your process if you are filing your or trying to register your trademark submitting your application before you started using the trademark in the business world in commerce it's probably going to be more expensive slightly more expensive i wouldn't say that this is a bad thing though because what ends up happening is when you submit this application it's called an intent to use your filing fee date goes back to when you originally submitted the application so you have this protection from before you've even started using your mark whereas if you wait for when you're actually using the trademark in commerce it is a little cheaper you don't have to spend the money for that second step but you don't have that protection that goes as far back so in terms of timing you don't have as much protection but it is a little cheaper another thing you should keep in mind regarding timing and your fees is that if you have something like an office action come up and you need an extension extension can't talk today an extension when you are trying to submit some of the materials that are requested if you have to get an additional extension right that's going to be more money so keep all of those things in mind your timing is really important and can really impact how much money you'll spend during this process good all right let's move on to the next one the next factor that we want to consider right is your process now your process is basically when are you putting in the work i advise people to go and do a comprehensive search it's something i provide for my clients before they submit their application because what i've learned is that a lot of times people invest a lot of money time and energy into developing a brand into developing a mark and then when they try to file and register the trademark they run into issues that they could have kind of you know cured or paid attention to had they done the search upfront but the search upfront costs more money now if you don't do the search upfront and you register your trademark or you submit the application you could run into a host of issues which would and then um cause more cause you to spend more money right because now you have an office action that you need to respond to and you need to call an attorney to fix your issue rather than to be preemptive um and they're gonna charge you know the appropriate amount depending on how complicated your situation is but if you did the search upfront in your process you would know that okay these are some of the things and the roadblocks that i might anticipate and perhaps save money so your process is another important factor when you're trying to figure out how much you will spend to register a trademark the third third factor for you is the categories that you hope to cover in terms of your trademark protection the way that trademark works is that when you submit an application you submit an application for a mark and for a category each category is its own separate filing fee and there are categories for everything there's categories for if you're doing educational content there's categories if you have apparel they're categories if it's woodwork they're different categories and that analysis is kind of what attorneys help you figure out in terms of strategically positioning yourself okay maybe you should do this category there's great you know greater likelihood for coverage here and this is the area that you're operating in let's take this strategic step but you should again understand that each category that you submit an application in is an additional filing fee so when we were talking about that 350 filing fee let's say you have something that is in clothing but it's also an educational resource and you want to own the trademarks in both of those things that's 350 for the educational one and 350 for the apparel the other thing you should keep in mind is that the united states patent and trademark office does not recognize your your name has the same as a design mark so if you have a logo and you have a name the two of them are not the same application they're each separate applications so you can see how this can kind of stack up and become you know kind of pricey depending on where you are in your business if you have a logo that you want to to register a trademark in in two categories that's you know 350 350 each but then you also might have one in um i don't remember if i just said logo or name but you might have one in one of those so keep those things in mind when you are determining how much you'll have to pay for your trademark sounds good so the final factor is who's doing the work right and so one of the things that you want to consider when you're trying to decide um how much or trying to evaluate how much this is going to cost is are you going to hire an attorney to do the work or are you going to do it yourself now if you take the diy route i want you to just keep in mind that there are some landmines that you might not be aware of um you heard all the different things that i talked about today but there are other things and then what if you get an office action how are you going to respond to that how are you going to make sure that you're searching the right avenues and that you have all those things in place those are all things that you'll have to navigate so not only will you you might be saving money but you'll be

Thanks dtbrentsb your participation is very much appreciated
- Kristofer Scarset

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