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Written by : Arielle Kreamalmeyer
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- Arielle Kreamalmeyer, Staff Member
hi everyone i'm attorney aidan durham with 180 law co in colorado and you're watching i'll open your business on this episode of all opinion business we're going to talk about how much it costs to register a trademark with the united states patent and trademark office or uspto but first don't forget to like subscribe and share and check the description for links to additional information and resources all right so it's no secret that probably the best way to protect your business's brand like its name or logo is with a registered trademark registering a trademark with the uspto is really the best way to secure whatever brand element you have your business name logo and other trademarks so if you've decided to go that route how much should you expect to pay for it now if you're not new to my channel if you've seen some of my videos before you can probably guess the short answer to this question come on everybody i know you know what i'm about to say let's say it together it depends it always depends everything always depends so the cost to file a trademark application and get your trademark registered is going to depend on a few different factors and of course it also depends on if you're doing it yourself versus working with an attorney or having somebody help you i'm going to start off by just talking about fees involved the uspto's fees so if you're filing the application on your own what are the actual costs and fees associated with the application i'll touch on lawyer fees and how much those might cost towards the end of the video so the first thing it's going to depend on is which application you use if you file the teas plus application versus the teas standard application the fees are going to be different now you can check back to one of my older videos where i talk about the differences between t-e-a-s plus and t-e-a-s standard i'll link to that in the description i go into a lot more detail about what the differences are but the initial difference is the filing fee so for the teas plus application it's going to be 250 bucks per class of goods and services for the teas standard application it's going to be 350 per class of goods and services so what do i mean when i say per class on the application we have to identify the goods and or services with which we are using the trademark what is it that we're selling with this trademark we have to let the uspto know there are different classes different categories to an extent of goods and services i think maybe 45 something in the 40s around 45 different classes and sometimes we need to file in multiple classes if we're selling multiple types of goods and services and so that filing fee whether it's 250 or 350 is going to be per class so let's assume we're just filing in one class of goods and services and we're using that teas plus application it's going to be a one-time fee of 250 bucks to file the application now this tes plus application there are some requirements that go along with it certain requirements that we have to meet in order to benefit from that reduced fee with the teas plus application again check back to that other video where i go into more detail about what those requirements are but if we fail to meet all those requirements if we submit the application and it turns out we didn't meet all the requirements they're going to want their money they're going to want that extra 100 bucks so if we file the tas plus application but we're missing one of those requirements there's going to be an additional 100 per class fee that will be due to the uspto so that's the first difference are we using a teis plus or the teas standard application the second difference has to do with the filing basis so again when we submit the application we have to let the uspto know if we are filing on a 1a current use basis or a 1b intent to use basis current use is kind of what it sounds like it means we are currently using the trademark in commerce in connection with our goods and services our goods and services are available for people to purchase and we are using our trademark in connection with those goods and services currently as of the date that we file the application or we can file on a 1b intent to use which again is what it sounds like we're not currently using the trademark but we intend to use it so with that 1b intent to use filing basis at some point later on after we file the application after an examining attorney has been assigned after the examining attorney has looked over the application after they've done their search to make sure there are no confusingly similar trademarks already the examining attorney is going to issue a notice of allowance and once we get this notice of allowance we have six months to file a statement of use showing that we are now using the trademark in commerce or we can request a six-month extension and we can continue requesting extensions for up to about three years so with that one b intent to use application we have to file a statement of use and or request extensions at some point in the process and there are going to be filing fees associated with that so with the statement of use it's a hundred dollar per class filing fee to file the statement of use if we are not ready to file a statement of use and we need to request an extension it's 125 per class for that extension request those fees don't apply if we are filing on a current use 1a basis because we're basically already giving them the statement of use when we submit the application so we don't have that additional filing later on therefore we don't have that additional filing fee so looking at all that if we're trying to keep our fees as low as possible we want to use the teas plus application and we want to file on a 1a current use basis otherwise with the 1b intent to use basis we're going to have those filing fees 100 or 125 per class for the statement of use or the extension requests for most people most applicants that's going to be it of course there are situations where additional fees might come up sometimes we need to divide an application kind of split into two sometimes we'll have to deal with an opposition proceeding which means we're dealing with the ttab or trademark trial and appeal board and there are going to be fees associated with that kind of an issue so you know it's not always the case that these are the only fees there are certainly instances where other filing fees can come up but you know the majority of instances for most people it's just going to be that initial filing fee and then potentially those filing fees for the statement of use or extension requests if we filed on a one b basis so great the application is has gone through and our trademark is registered are there gonna be other fees yes of course there are what are they going to be of course it depends but so after the trademark is registered a few years after it's registered i think five years maybe it's four years now we'll just say four to five years after the trademark's registered we have to renew it basically a trademark can stay registered forever potentially as long as we are continuing to
Thanks 1xued your participation is very much appreciated
- Arielle Kreamalmeyer
About the author
I've studied fire ecology (wildland fire management) at Buffalo State College in Buffalo and I am an expert in post-processualism. I usually feel blah. My previous job was salesman I held this position for 11 years, I love talking about thru-hiking and golf. Huge fan of Rachel Crow I practice soccer and collect numismatics.
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