Trademarks are a major underpinning in entrepreneurship. Without these legal protections, businesses would struggle to maintain a distinctive brand from others or prevent others from infringing on its usage. We would live in a world of copycats, and consumers would be playing a game of chance each time they made a purchase. Trademarks help prevent this, but like anything else worth having, trademarks are not free—nor do they come cheap with costs ranging from $250 to $250 per filing.
Trademark cost can vary greatly case by case. Here’s a look at the basic filing fees, lifetime costs and other attorney fees you should consider.
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Expected Trademark Costs 2024
The total cost of your trademark depends on several factors, including the number of marks you are filing, the number of classes they apply to, where you are filing, the type of application you’re filing, attorney fees and more.
For the simplest of cases, you should expect to spend $250 to $350 per filling if you do it yourself. For more complex filings, you can expect to pay much more.
Attorneys
You don’t need to hire an attorney when filing a trademark. For example, trademark registration services can help simplify the process for you. But your brand is one of the most vital assets that you possess, so protecting it should be a top priority, and an attorney can help you do so.
When working with an attorney, it is very important that you accurately describe the goods or services that you provide. Inaccurate descriptions can weaken your trademark and leave you vulnerable in the future.
Besides, an attorney could save you money in the long run, since your application fees are not refunded should your application get refused. Therefore, you should use an attorney when filing your trademark or one of the many online filing services.
Search and Drawing Fees
Before you can apply for a trademark, you have to make sure that what you’re filing does not conflict with existing trademarks. This is called a clearance search, and it can be done through the U.S. Patent and Trademark Office’s Trademark Electronic Search System, aka TESS. USPTO recommends that you expand your searches beyond their database (such as in other states’ databases), as there may be existing trademarks outside of TESS that can lead to a refusal by likelihood of confusion.
Using TESS is free, so the clearance search does not necessarily cost anything. But as we mentioned above, it’s not a bad idea to use a filing service or law office to keep yourself protected in the long run.
Another part of the trademark application process is describing the mark you will use. The standards of the drawings that you must submit aren’t the simplest. So, while you could create the drawing on your own, this is something that you want handled by professionals. These costs average in the neighborhood of $500.
Applications
Trademark applications are filed through the Trademark Electronic Application System (TEAS) by the USPTO. You can submit your application in paper or electronic form, but paper application fees are considerably higher (especially if you are submitting multiple applications).
TEAS Plus and TEAS Standard
There are two kinds of applications that you can use when applying for a federal trademark: TEAS Plus ($250 for each class of goods or services) and TEAS Standard ($350 for each class of goods or services). There is also a TEASi, which enables applicants to file international protections. The application that you will use is dependent on your filing basis.
A bit of a misnomer, the TEAS Plus application is actually the more basic one.. It’s faster, doesn’t cost as much and simpler compared to the alternative. When you fill out the TEAS Plus application, you can select from a precompiled list of descriptions of goods and services in the Trademark ID Manual. Some of these descriptions allow for applicants to customize portions of the description. The room for customization gives some applicants sufficient flexibility to give a precise description of the products or services that they provide.
But sometimes, the TEAS Plus application is too rigid for the applicant to properly describe the goods or services that they provide. So, if you don’t want to be limited to the options available to you in the Trademark ID Manual, then you can write your own description. But you’ll have to use the more expensive TEAS Standard application. With this application, your entire definition of the class is completely customizable, so you can create a precise description of what you are trademarking.
Classes
You must file a trademark for each class of goods and services that you want the trademark to apply to. Sometimes, you may want your trademark to apply to more than one class, for example if you sell hats (a good, in class 25, “clothing,”) but you also offer custom hat embroidery (a service, in class 40, “treatment of materials”).
Because trademark fees operate on a “per class” basis, the number of classes that your trademark covers serves as a multiplier in the equation that determines the total fee owed.
Other Costs to Consider
If you look at the lifetime of a trademark, filing fees are like the delivery fees that the hospital charges you when your child is born. They’re just the start. You’ve got a lifetime of payments ahead of you.
Between year five and six, you must file more paperwork with the USPTO to claim that your trademark is still in use. And if it isn’t, you have to provide a good reason why if you still want to maintain your trademark. You’re required to fill out a Section 8 declaration and pay fees ($225) for each applicable class. Then, between years nine and 10 (and every 10 years thereafter) you must submit a combined Section 8 declaration and Section 9 application for renewal, with a fee of$525 per class. The USPTO grants a six month grace period after the due date, but filers need to pay an additional fee ($100 per class; $200 for the combined Section 8 and 9 filing) when filing late.
State Trademarks
Trademarks at the state level are not as expensive as those on the federal level, but the protections afforded by them are limited to within that state.
The cost of filing a trademark at the state level depends on the state where you’re registering the mark. As with federal filings, it’s a good idea to use a lawyer or filing service, so costs will vary based on your needs.
If you do business in numerous states, prefer more legal protection and want to use the proverbial ® symbol, you’ll need to file federally. However, if you plan to operate in only one state for the foreseeable future, a state-level trademark may suffice.
Here’s a list of where you file in each state.
The Grand Total
No matter how you file, you will pay a minimum of $250 to apply for a Federal trademark. But considering the importance of your trademark, and the potential complexities you face when filing, it’s not a bad idea to use a lawyer or filing service. There are a bevy of attorneys and filing services that can handle the entire process for anywhere from a few hundred dollars to several thousand dollars.
Frequently Asked Questions (FAQs)
Are the costs for filing a service mark the same for filing a trademark?
Yes. Trademarks and service marks are nearly identical. The main difference is that service marks are used to identify a particular service provided by an organization, while a trademark is used to identify a particular good provided by an organization.
How do I pay my filing fees?
You can pay filing fees online using the TEAS (this is the USPTO’s preferred method), or submit a check or money order, credit or debit card, a deposit account, electronic funds transfer (EFT) or wire transfer. Be aware that those who pay via money order or EFT will incur an additional $50 processing fee.
How long does it take for my trademark to become registered?
Much like varying trademark costs, the time it takes from application to registration is highly variable. Applications are rigorously inspected, and more often than not, refused on the first application. In general, you can expect the process to take around 12 to 18 months.
What is a copyright and how much do they cost?
Copyrights offer legal protection for “original works of authorship.” For example, this can be anything from literary works to architectural plans. The filing cost varies, but ranges from $65 for basic claims online filing and increases to $125 for applications via mail. Learn more about copyrights to determine if it offers the type of protection you need.
