How much does it cost for the process and legal fees to file a trademark

Asked almost 2 years ago - Royal Oak, MI

an estimate

Attorney answers (8)

  1. 13

    Lawyers agree

    Answered . It is a common misunderstanding to assume that one just "files" a trademark. There is much more to it than many would like you to believe mainly the non-lawyer providers like Legal Zoom. This is because they have a monetary interest in selling something that comports with everything you want to hear: fast, easy and cheap. While getting this done properly should not be a bank breaking endeavor, make no mistakes you will want it to be done thoroughly and properly because your exposure increases with every passing year you support your brand. Marketing, PR, advertising and branding are all far more costly efforts than having a TM lawyer properly handle your matter.

    In the US, trademark holders have rights under common law and they can enforce against your federal mark if they have prior use especailly within the first five years. This means that if there is some guy in say CA with the same or similar name and within the same or related class of goods/services he can petition to cancel your federal registration based on his common law use. This happens, and as you can imagine it can be a very expensive proposition when it does.

    You will never know that he exists by only looking at the USPTO TESS/TARR database, because no federal application was submited nor does it have to be. What is done first and properly is a full comprehensive federal and common law clearance (see link below for more info).

    Lawyers will charge different rates for this kind of work. My firm offers a flat-rate service, others charge per hour. The degree of expertise and attention will vary greatly but make no mistake this is not an intuitive nor is it a quick and easy process as some would have you believe (especially non-lawyer websites).

    I will link you to some info below and suggest that you discuss your plans over with some TM lawyers to get a good idea of how they work and what they charge. Most of us here, including myself, offer a free phone consult.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more
  2. 11

    Lawyers agree

    Answered . The filing fee is $325. The fees can range from $0 (do it yourself) but the fees will vary according to the experience and location of the Attorney. Most attorneys you want to hire will prefer you contact their office. Rarely is a simple registration "simple".

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  3. 9

    Lawyers agree

    Answered . $275 or $325 per class of goods/services for government fees. The rest will depend on your attorney. You can contact me for my fee.

    This comment is NOT LEGAL ADVICE. The question asker and any third-party reading this comment SHOULD NOT RELY... more
  4. 7

    Lawyers agree

    Answered . I can't really answer this any better than my colleagues have except to say that if you e-mail me directly at my firm at abutterman@s-n-h.com, I'll gladly give you our guideline trademark application fees and other introductory trademark filing information.

    Alex Butterman is a trademark attorney with Staas & Halsey LLP (http://www.staasandhalsey.com), a Washington, D.C.... more
  5. 7

    Lawyers agree

    Answered . I agree with Attorney Natoli's response and will go further: You're asking the wrong question.

    You should not care how much it costs to apply to register your trademark rights. You should, instead, care about how to create strong, defensible branding for your company name and its products and services; how to clear the rights to use your chosen names, phrases, logos, packaging designs and other source identifiers; how to use them all correctly; how to register the rights that develop through that use; how to monitor the marketplace to protect those rights; and how to enforce those rights when necessary.

    Speak with your own trademark attorney. Good branding is often the most important factor that drives sales [especially with consumer products]. So do it right. Good luck.

    The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and... more
  6. 7

    Lawyers agree

    Answered . The total cost depends on the number of trademark classes you file. You pay government fees per class (so if you offer clothing and jewelry, for example, those are two classes). The government fees are either $275 or $325, depending on the type of application that works for the goods and services you offer. The legal fees vary by attorney and many attorneys (myself included) offer flat fee packages for an initial trademark filing. Happy to chat more if you have more questions.

  7. 3

    Lawyers agree

    Answered . The basic filing fee is $325. I agree with the other attorneys that asking how much it costs is not the right question. This is a complex issue that requires legal counsel. A person who holds an interest wants to protect a a trademark and to avoid trademark infringement. There are many steps in this process. I handle trademark issues, and I am available for a free initial consultation.

    John Toivonen
    Attorney at Law
    (517)402-5229

    If you are seeking legal advice, you should contact an attorney. Neither use of the information on this page nor... more
  8. 4

    Lawyers agree

    Answered . www.burdlaw.com/usipfees.htm gives a typical schedule for high quality work.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more

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