There are two types of costs to be mindful of when filing an application, namely, the filing fees charged by the Patent and Trademark Office and, if you hire an attorney, attorney's fees.
PATENT AND TRADEMARK OFFICE FEES
Generally, the Patent and Trademark Office charges application fees based on type of application and number of classes for which protection is sought.
There are two basic types of application types for filing for registration of the mark, TEAS PLUS and TEAS STANDARD.
The TEAS PLUS application requires the applicant to use a predetermined description of the goods or services for which registration is sought. The Patent and Trademark Office maintains a Trademark Identification Manual from which the applicant take take a description of the identification of goods or services. If the applicant chooses to accept the pre-formulated identification from the manual, the filing fee for the application is $225 per class.
If the Trademark Identification Manual does not have a description that fits the applicant's needs, the applicant is free to adopt their own description. In this case, the applicant must pay the higher fee of $275 under the TEAS STANDARD method.
If the applicant has not yet commenced use of the mark in commerce, the applicant can file an application asserting an intent-to-use the mark in commerce. When an application is filed on the intent-to-use basis, the applicant must pay either the TEAS Plus or the TEAS Standard fee at the time the application is submitted.
However, after the application has been filed, the applicant must pay an additional $100 fee per class when the proof of use is submitted to the Patent and Trademark Office.
There are a number of other fees such as fees for extending time to submit a Statement-of-use, petition fees, assignment fees etc. A complete list of the Patent and Trademark Office trademark fees can be found here: https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule#Trademark%20Fees.
Attorney's Fees
For routine matters we charge flat rates based on the service performed. For example, when filing a trademark application, we charge a fee of $450 to complete and file the application. After the filing has been completed, additional work on your application may be necessary.
We will always advise you of cost before commencing any work and we will advise you a "not more than" cost which we will not exceed.
State trademark registrations vary by state. Please contact us and we will work with you to determine costs.
Litigation is a time consuming and therefore costly activity. All work performed by us will be calculated on an hourly basis. Prior to commencing any work, we always provide a binding estimate and cap.
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