Trademark costs cover the expenses incurred by an individual or company to protect their trademark from being used by rivals. These expenses include the official government fees as well as professional legal fees.
Obtaining a trademark can be expensive, especially if the mark is registered in multiple classes of goods and services. However, a trademark can be worth the investment in protecting your business from competitors that try to use a similar mark.
Registration Fees
There are various fees associated with filing a trademark application. For example, there is a search fee to cover the cost of searching for similar trademarks that may already exist. There is also an examination fee that covers the costs of reviewing the trademark for compliance with laws and assessing its registrability.
Generally, there are two ways to file a trademark application: through the TEAS system or a paper form. Using the TEAS system will generally save you money as it has lower filing fees per class of goods or services.
Once a trademark is registered, you will need to maintain the registration by filing certain documents with the USPTO. For example, between years five and six (and every 10 years after that), you will need to submit a Section 8 Declaration in which you prove that you have been continuously using the mark. There are government filing fees for these documents, typically around $500 per class of goods or services.
Maintenance Fees
There are costs associated with monitoring trademark applications and taking legal action to protect and enforce your rights once you’ve obtained a registered trademark. These costs can include filing fees to respond to office actions, translation and notarization fees for foreign language documents, and the costs of retaining an attorney to assist with these matters.
Renewal Fees
Trademark registrations are typically valid for a set number of years, after which you’ll need to renew them. The frequency and cost of these renewals can vary by jurisdiction.
Other Expenses
Some countries or trademark offices charge additional fees to expedite the processing of your application. This can often result in a shorter processing timeframe than standard processing, but it will also add to your overall expenses.
Expenses for Office Actions
Generally speaking, office expenses are any costs associated with operating a business such as rent, utilities and insurance. Supplies are tangible items used in day-to-day operations such as printer paper and pens. Understanding the difference between office expenses and supplies can help your company maintain accurate financial records as well as maximize tax deductions.
Trademark application filing fees typically cost between $250 and $350 to file in the USPTO through TEAS (trademark electronic application system) or $500 when submitted on paper. In addition, attorney fees to assist with the trademark application process may also be necessary.
Most attorneys charge a flat fee for their trademark services, which typically ranges from $400 to $2800 for a utility non-provisional patent application with multiple classes. These fees include legal research, consultation with the client, drafting and monitoring of the statement of use process, and preparing any required illustration revisions for the patent drawings.
Expenses for Disputes
If your trademark application is refused, you will incur expenses related to fighting the refusal. In most cases, this involves hiring a trademark attorney to prepare legal arguments and file oppositions on your behalf.
Other fees may include translating documents into the official language of the jurisdiction where you are filing and legalizing or notarizing certain documents, depending on the jurisdiction. In addition, some trademark applications require specimens or evidence of use that need to be prepared and submitted, which can add to the costs.
Trademark registration is not a one-and-done process, and you will have to maintain your registrations by filing various forms every few years. These fees vary by jurisdiction and class of goods or services, but can add up quickly. Some maintenance expenses include submitting a Declaration of Use and Excusable Nonuse (similar to a Section 8 affidavit) or an Application for Renewal, which will incur filing fees of up to $1,275 per class.