trademark a name

Cost to Trademark a Name

Last Updated on August 15, 2020 | Written by CPA Alec Pow
First Published on June 29, 2014 | Content Reviewed by Certified CFA CFA Alexander Popivker

People interested in trademarking a name usually have a simple question in mind, before starting the actual work: “How Much Does It Cost To Trademark A Name?”. The article below will give you an idea of what you can expect in terms of fees and total cost when it comes to trademarking a name:

The Trademark Search Fees

The trademark process will start with research on the trademark, to make sure that you won’t be in any conflict with any already existing businesses or trademarks. This will cost you at least $300, if you use the services of a trademark attorney, in order to conduct the trademark research in your name and give you a written legal statement.

There may be other services, especially online, claiming that they will do the research for you for under $300, but remember the old saying “You get what you pay for”, so try to avoid services that seem unprofessional. This step of researching the trademark is the most important part of all of the trademark registration process, so don`t go too fast through it.

Do your best to hire a licensed trademark attorney for the research step and be sure that the trademark search is as thorough as possible.  Opt for the best legal advice on the market, whether you want to trademark a slogan, a name, or a logo. This will avoid any future lawsuits regarding your chosen items to be trademarked.

Getting sued for trademark infringement in a federal court is not something you want or something that should be overlooked. You should always take into account the possibility that someone already thought of or filed the application for the name, logo, or slogan you’re interested in to be trademarked. This is something only a professional trademark attorney can find out, so be smart about it and hire the best.

The Trademark Application Fees

After taking the first step, with the trademark research done, you’re half your way through the trademark registration process. Once the process is conducted and you get a clear answer that no issues have been found, the next step will be to start the preparation and file the trademark registration application. This should cost you at least $200 if you hire a licensed trademark attorney for the job.

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This is just one of the costs of the actual application. Another one will be the government filing fee charged by the Trademark Office, which can cost $375 or more, depending on what classes of services and goods are listed in the application and how the application is filed. Usually, this government filing fee will be $275 for each class of goods or services. paying a fee for trademark registration

You might ask yourself what are these classes of goods and services. There are around 45 different classes of services and goods that will cover all of the types of products or services you would imagine. As an example, restaurant services are under Class 043, plumbing services are in Class 037, retail store services are under Class 035, jewelry products are in Class 014, financial services are under Class 036, and so on.

So let’s think of an example: You own a restaurant called “Jolene Cooks” but you want to start a clothing line with the same name. In this example, you will have to pay a government filing fee of $550 ($275 for each class) for the two different classes if you want trademark protection.

You shouldn’t be scared of the many different classes, as most businesses only file a trademark application for a single class. So if you have a simple business offering goods or services, you will probably need to pay a single filing fee of $275 for the class of goods or services where you fit best.

Trademark Maintenance Fees

Should you expect to pay any other fees after the trademark registration process? Some trademark applications require the applicant to file a so-called “Statement of Use” to the U.S. Trademark Office. This means that the applicant will have to make a simple declaration or sworn statement that they have started using the trademark in their business. You will have to pay a standard fee of $100 per class of services or goods when you file the Statement of Use.

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To avoid cancellation, after your trademark is registered you have to maintain the trademark registration. After 5 years you have to file a “Declaration of Continued Use”, where you give proof that you are using the trademark in commerce. You will pay a standard fee of $100 for each class of goods or services as a government filing fee for the Declaration of Continued Use. After 9 years from the initial registration, you will have to renew the trademark registration by filing a renewal application. This will have a standard fee of $500 for each class of services or goods.

Conclusion

Expect to pay $300 and up for the trademark search when you hire a licensed attorney. Pay at least $200 for a trademark registration application when you employ a licensed attorney. The registration application will have a governmental filing fee of $275 per class of goods or services. After 5 and 9 years from the initial registration, you will have to pay two different governmental fees of $100 and $500, along with the Declaration of Continued Use and the Application of Renewal. Leading to a final cost of $1,375 and up, depending on the attorney you hire and the complexity of the application.

Alec Pow
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