The United States Patent and Trademark Office is where you can register your trademark and prevent others from using it. It can be difficult to figure out the cost of registering a trademark or service mark. Here are some basics.
There are two types of application filing systems at the USPTO: the Trademark Electronic Application System, (TEAS), and an International System (TEASi). The TEASi system allows you to submit forms under the Madrid Protocol. The World Intellectual Property Organization (WIPO) manages the Madrid Protocol. You can file one international trademark registration request through the USPTO by filing with the WIPO.
What is the Cost Before You Apply for A Trademark
The first expense for a trademark application involves a thorough search for other trademarks that have been filed and registered. The USPTO’s Trademark Electronic Search System allows you to do this search for free.
To ensure you don’t miss any potential matches, you might consider hiring a flat fee trademark attorney to conduct the search. It depends on whether you are searching internationally or locally. This can add up to several thousand dollars.
How Trademark Filing Price Works
The number of items or services that you wish to trademark is the first variable in trademark cost. Each class must be filed separately. A class is any type of product or service in which your trademark appears. If your trademark appears on t-shirts or mugs, then you need to file three trademark applications.
Two levels of trademark application costs
The USPTO offers two options for filing initial applications: TEAS Plus or TEAS Standard.
The “basic” TEAS application, is the standard TEAS application. An initial application costs $275 for each class, which can be filed electronically or on paper.
TEAS Plus is the most cost-effective and streamlined of all the applications. Completely fill out the application and pay all fees. You agree to electronically file certain documents and you will receive all communications via email. The TEAS Plus application offers faster service. An initial application costs $225 for paper or electronic filing.
The TEASi filing fee includes a $100 USPTO certification fee and fees that must be paid to WIPO. To estimate the cost to register your mark through Madrid System, the WIPO offers a fee calculator.
How to Pay Trademark Fees
To pay trademark fees, the easiest way is to open an account with USPTO’s financial management system. Financial Manager is a membership that allows you to open a credit card or debit card account, or an electronic funds transfer EFT) account. You can also assign permissions and receive notifications.
What is Additional Trademark Application Fees
Drawing costs. A “clear drawing” must be submitted of the mark (logo or name/logo combination). It must meet specific requirements. The cost of a trademark design can range from $500 to several thousand.
Statement of Use Fee. If you apply for a trademark before you use it, you will need to file a declaration when you start using it. This declaration costs $100 electronically and $200 on paper.
Renewal applications for trademarks are $300 per class
What is the Perpetual Cost of Maintaining A Trademark?
Trademarks can’t be “set it and forgotten.” You must keep your trademark protected and report any maintenance activities. This is what the USPTO calls “keeping your trademark alive.” Each class of goods and services must be filed separately.
You must file a Section8 declaration between the 5th-6th years after registration. This document is your sworn declaration that you are using the trademark and a sample of how it is being used. If you file electronically via the TEAS system or on paper, the filing fee is $125.
You must file a Combined Section 9 and 8 declaration every ten years. The Section 8 declaration must be filed with the application for renewal (Section 9) as described above. If you file electronically via the TEAS system, the filing fee is $425. Paper filings are $725.
You can file a Declaration to Incontestability if you wish to have greater protection for your trademark. This declaration prevents others from using your trademark or arguing that it should not be registered. This filing is subject to certain restrictions. If you file electronically via TEAS, the filing fee is $200. If you file on paper, it’s $300.
What is the Cost of Using A Trademark Attorney
It can be difficult to trademark your logo. A trademark can also be rejected for many reasons. An attorney can help you navigate the process if you really want to trademark your logo.
These are the minimum costs associated with trademark applications. Other costs include renewal fees, late fees, expedited service, and renewal.