Average trademark lawyer cost [Fact Checked]

Last updated : Aug 2, 2022
Written by : Kiersten Smelser
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Average trademark lawyer cost

How much does it cost to defend a trademark?

The cost to file an application with the USPTO can be as little as $225. But the total trademark lawyer cost could be more than $1,500. This includes lawyer fees to file the application and to manage the process after registration.

What is the average cost of a trademark?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees. Get free estimates from trademark attorneys near you. How much will your trademark cost?

How much is it to trademark 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.

How can I trademark my logo for free?

Can you trademark your logo for free? You can not register a trademark for free. However, what you can do is establish something known as a "common law trademark" for free. You can do this by simply opening for business.

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 long is a trademark good for?

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.

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.

Can I put TM on my logo without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Should I copyright my logo or trademark it?

How to legally protect your logo design. 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.

Do I really need to trademark my logo?

Trademarks protect words, names, symbols, sounds and colors and distinguish one company's goods and products from another. Trademarking a logo not only protects it from being used by other similar companies, it also protects a company from unknowingly infringing upon an existing logo.

Is my logo automatically copyrighted?

Yes. A logo that includes artistic or design elements, (i.e. not just the name on its own), is legally regarded as being a work of artistic creation and therefore will be protected under copyright law. Copyright protects the logo as an artistic work.

Can I apply for a trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

Which of the following is the most common reason that trademarks are denied?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else's (already existing) trademark, your registration will not be granted.

Where is the best place to trademark a name?

  • The Best Trademark Registration Services of 2022.
  • LegalZoom.
  • Trademark Engine.
  • Rocket Lawyer.
  • JPG Legal.
  • Trademark Plus.
  • TrademarkCenter.
  • Trademark Factory.

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.

How do you copyright a brand name?

  1. Decide on your unique brand name and logo.
  2. Conduct an online search.
  3. Fill-in the trademark application.
  4. Filing for the brand name registration application.
  5. Scrutinizing of your brand name registration application.
  6. Publication in Indian Trade Mark Journals.

What are the 3 types of trademarks?

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

What are the 4 types of trademarks?

  • Generic. A generic term is a common description that does not receive trademark protection.
  • Descriptive.
  • Suggestive.
  • Arbitrary or Fanciful.

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.

Can I use my trademark while its pending?

A trademark pending status is an interim solution for protecting your intellectual property. You can use the trademark or service mark symbols with your design, but you need to make sure you file the trademark application as soon as possible.

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Average trademark lawyer cost

Comment by Chae Dancel

what are the hidden costs to a trademark my name is sam bryant and i'm an attorney that helps build and protect florida businesses so i had a conversation with a client last week about her business she wanted to um to get a trademark and it seemed like she was dead set on getting one until i explained to her that there's a hidden cost to it so basically there's more to if you're going to get a trademark um and you're going to use a lawyer to do it for you there's a registration fee that you're going to pay and there's the lawyer fees that you're going to pay so those two fees you probably are familiar with and you're going to expect now what you may not expect is that once you get a trademark the fees will probably continue or at least the cost will continue because a trademark is no good unless you're willing to actually enforce it so like my client if she starts her brand and starts and gets her trademark and she notices that there's another company using her trademark she doesn't just get this automatic right she can't just assume that that she's going to be okay with um with not doing anything and that the other person will stop or the other business will stop she has to proactively go out and demand that that business stop using the trademark if they don't she has to actually go to court and court is very expensive so if you're going to have a trademark you have to be prepared for that you have to you have to be prepared for defending the uh the trademark itself so that's the main hitting cost another hidden cost is just the ongoing fees a trademark is very unique when it comes to intellectual property because you can hold a trademark pretty much indefinitely as long as you are continuing to use it and you're continuing to renew the trademark with the federal government so uh at the end of the day when you have a trademark it's a very expensive endeavor to get the full protection because you're probably using an attorney to get the trademark you are registering the trademark and after you get the trademark you're spending at least time and energy to make sure that no one else is using your trademark and if somebody else is using the trademark you may be using an attorney or spending time and energy to try to get them to stop and then and then if they don't stop you are spending money in a lawsuit you may recoup that back but you're still spending money on the front end and then at the end of the day you have to renew the trademark so what it all comes down to is i really don't suggest trademarks for businesses that are just getting started i think trademarks are more appropriate for people who have the financial means to get the full protection and for businesses who are well established who again have a financial means so um for now if you don't have that then just understand that you have a common law right to your trademark and then just build your business and once you build it then and you have the means to do so then you start to get the registration so hopefully i hope you found that video helpful uh i have a facebook group called building and protecting florida businesses i upload content to that facebook group every day so if you want to learn more about how to protect your photo business um or setting it up the right way this facebook group is going to be very good for you and very informational uh until then if there is anything that you feel that you would like to learn more about just feel free to reach out to me we'll talk soon

Thanks for your comment Chae Dancel, have a nice day.
- Kiersten Smelser, Staff Member

Comment by Eloisa

trademark lawyer cost everything you need to know a trademark lawyer costs around $1,000 to $2,000 for the general trademark process but disputes could cost the client an additional 300 to 400 dollars an hour some of the trademark lawyer costs you may see include filing fees for the trademark application government costs charged by the USPTO flat fee trademark lawyer costs trademark attorney fees and/or maintenance costs registering a federal trademark in the United States includes several costs including paying fees to the US Patent and Trademark Office or USPTO and fees for a trademark attorney to manage the process of registering a trademark there are also relevant costs that differ based on possible alternatives these relevant costs are important to your decision on how to acquire your trademark the USPTO charges a fee to file a new trademark application the cost for filing the trademark application depends on how you file the application and how many classes of goods or services you include in the application the fee is $225 for every class you include from a list of 45 classes that you under $25 fee applies if you choose your goods and services from this preset list in addition to the application fees it's possible that a business owner must pay a statement of use fee which is a declaration from the business owner that swears that they have started to use their trademark in their business you filed a statement of use about seven to nine months after filing the first application some attorneys can file a trademark application for you for a flat fee this flat fee might be between $300 and $1,000 per application a flat fee arrangement might not include services the lawyer performs after he or she files the application sometimes the trademark examiner might refuse your application issuing you an official letter that your attorney must respond to and can cost an additional flat fee for the response five years after registering the trademark you will need to file a declaration of continued use to show that you are still using the trademark in your business the USPTO charges $100 per class of good or service for filing the declaration of continued use after nine years you must file an application for renewal to renew your trademark the USPTO charges $500 per class of good or service for filing the application for renewal a trademark lawyer is helpful because they can conduct an extensive trademark search tell the strengths and uniqueness of your trademark and also conduct all the prep work ahead of time to make sure your trademark application is successful if you choose not to use a trademark lawyer it is cheaper but you have a higher chance of your trademark being rejected if you need help understanding how much a trademark lawyer costs you can ask your question or talk about your concern on up councils marketplace

Thanks Eloisa your participation is very much appreciated
- Kiersten Smelser

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