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

Royal Oak, MI |

an estimate

Attorney Answers 8


  1. $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 UPON this comment. Regardless of the information provided in this comment, any reader of this comment should CONSULT AN ATTORNEY to confirm the accuracy of this comment.


  2. 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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  3. 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 areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. Feel free to call for a free phone consultation; your inquiries are always welcome: CONTACT: 866-871-8655 Support@LanternLegal.com DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.


  4. 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. IP boutique law firm. Alex is admitted to the bars of Washington, D.C., New York and New Jersey but, unless otherwise specified, the answer is intended to be general enough to apply to any U.S. state and based primarily upon his knowledge and experience with applicable federal laws. The opinions expressed are those of the author and do not necessarily reflect the views of his firm, Avvo or other attorneys. This answer is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship or obligations are established herein, although consulting an attorney to discuss your specific situation is strongly recommended. This is especially true of trademark law because TM law is so fact-specific and full of esoteric nuances and exceptions that could easily result in a critical legal error without proper advice from experienced trademark counsel.


  5. 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 should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.


  6. 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. 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 at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.


  8. 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 an email to this office establishes an attorney-client relationship. Such relationship can only be established by an express agreement.