The United States Patent and Trademark Office is where you can protect your trademark and prevent it from being misused by others. Here are some basic costs to help you get started.
USPTO offers two systems for filing applications: Trademark Electronic Application System and International System (TEASi). The system allows you to electronically file the forms required by the Madrid Protocol. The Madrid Protocol, which is administered by the World Intellectual Property Organization, is an electronic filing system. The WIPO allows you to submit one application for international trademark registration in all Madrid Protocol nations by filing with the USPTO.
Costs before you apply for a trademark
The first thing you will have to pay for when applying for a trademark is a search for other trademarks. The USPTO Trademark Electronic Search System allows you to conduct the search for free.
A lawyer can also do the search on your behalf to ensure that you don’t miss a mark which is too similar to yours. The cost can vary depending on whether you are searching locally or internationally. It could be several thousand dollars.
What are the Trademark Filing Fees?
The number of items or services that you wish to trademark is the first variable. Each class must be filed separately. A class is an type of product or service on which your trademark appears. If your trademark appears on t-shirts and mugs as well as pens, then you will need to file three trademark applications.
Note:
The costs of trademark applications in this article are based on the class of service or product. Calculate your costs according to the number of classes. Here is a listing of the current classes.
Two levels of trademark application costs
There are two options for filing initial applications with the USPTO: TEAS Plus or TEAS Standard.
The “basic” TEAS application. Initial applications cost $275 for paper filing and electronic filing.
TEAS Plus offers the simplest and least expensive application. You must submit a completed application, pay the filing fees when you file, accept to receive communications by email, and agree to electronically file certain documents. The TEAS Plus application offers faster service. Initial applications cost $225 for paper filing and electronic filing.
The WIPO has a fee calculator that you can use to estimate the cost of registering your mark through the Madrid System. You can estimate the cost by using the fee estimator at the WIPO.
How to pay trademark fees
Set up an account on the Financial manager of USPTO to pay trademark fees. Financial manager is a system of membership that allows users to create a credit card or debit card or an electronic funds transfer (EFT) account. They can also assign permissions and receive notifications.
Note:
You will need to use ™ and (sm), if you intend to use a trademark, service mark or other designation after you begin your registration but before the USPTO has approved your registration. Once your registration is approved, you may use the (r).
Additional Costs for Trademark Applications
Drawing Costs. The mark must be “drawn clearly” (the logo, or the name/logo combination), and it must meet requirements. A trademark design can cost from $500 up to several thousand dollars.
If you have filed your trademark application but not yet used it, then you will need to submit a statement when you start using it. This declaration costs $100 electronically, or $200 on paper.
Renewal applications for trademarks are $300 per class.
Continuing Costs of Maintaining a Mark
You can’t just “set it up and forget about it”. To maintain your trademark, you have to report on your maintenance activities. This process is called “keeping your trademark active” by the USPTO. There are costs associated with these reports and separate filings must be made for each class of goods or service in the registration.
You must file Section 8 Declaration between the 5th and the 6th year following registration. This is a sworn declaration that you use the trademark and an example of its use. The filing fee for electronic filing using TEAS is $125, and $225 for paper filing.
You must submit a combined Section 8 and 9 Declaration every ten years following registration. The Section 8 Declaration is the same, but with a Section 9 application. The filing fee for electronic submissions using TEAS is $425, and $725 for paper submissions.
You can also file a Declaration Of Incontestability if you wish to increase the protection of your trademark. This declaration prevents others from contesting your use of the trademark or arguing that it should not have registered. This filing has some restrictions. If you use TEAS to file electronically, the filing fee is $300. If you file on paper, it’s $200.
The Costs of Hiring a Trademark Lawyer
The trademarking process can be complex, and trademarks can be rejected for many reasons. If you’re serious about trademarking your logo, you might want to hire an attorney.
The basic costs of trademark application are listed above. Other costs include expedited service fees, renewals, late fees and more. This is a list of all USPTO fees.
