The cost of trademarking a brand name or logo involves several factors, including the application filing basis and the number of classes of goods or services your trademark covers. Be aware that additional fees might arise depending on the completeness and complexity of your application. Furthermore, post-registration, maintaining your trademark requires periodic maintenance fees.
Trademark Application Filing Fee: A Breakdown
The basic application filing fee starts at $350 per class of goods or services you want to protect.
For instance, imagine you’re launching a clothing line featuring golf shirts, dress shirts, and t-shirts. Because these items fall under the same international class, your base application filing fee would be $350.
However, let’s say you also offer custom t-shirt printing services. This introduces a second international class for services, raising your base application filing fee to $700 ($350 per class). This highlights the importance of classifying your goods and services accurately.
Understanding Your Application Filing Basis
Your “filing basis” hinges on whether you’re already using your trademark “in commerce.” This affects your responsibilities throughout the trademark process.
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Use in Commerce: If you are already selling products or services bearing your trademark across state lines (interstate commerce), you’ll file based on “use in commerce.”
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Intent to Use: If you have a bona fide (good faith) intention to use the trademark in the future but haven’t started yet, you’ll file based on “intent to use.” Be aware that this basis requires extra filings and fees later. For example, you’ll need to file an “allegation of use” and pay a fee before your trademark can be fully registered.
Choosing the correct filing basis is crucial for a successful trademark application.
Potential Additional Trademark Fees
Beyond the initial application fee, keep an eye out for potential “additional fees.” These depend on the specifics of your application and how it progresses through the examination process. Common reasons for extra fees include:
- Office Actions: If the USPTO examining attorney raises objections to your application (e.g., due to a likelihood of confusion with an existing trademark), you’ll need to respond. This might involve legal research and arguments, potentially incurring attorney fees.
- Amendments: If you need to amend your application (e.g., to clarify the description of your goods or services), fees may apply.
- Extensions of Time: Intent-to-use applicants might need to request extensions of time to file their allegation of use, which also incur fees.
Trademark Maintenance Costs
Registering your trademark is just the first step. To keep your registration active, you must file specific documents periodically and pay maintenance fees.
A key maintenance filing is required every 10 years: a declaration of use or excusable nonuse, along with an application for renewal. As of the latest fee schedule, this costs $325 for the declaration of use plus $325 for the renewal, totaling $650 per class of goods or services. Therefore, if your trademark covers two classes, you’ll pay $1300 ($650 x 2). Failing to pay these fees will result in your trademark registration being cancelled.
Trademark Cost Summary
| Fee Type | Cost per Class | Notes |
|---|---|---|
| Application Filing Fee | $350 | Base fee; can increase if using TEAS Plus form. |
| Intent-to-Use Allegation of Use Filing | Variable | Required before registration for intent-to-use applications. Includes Statement of Use and Amendments to Allege Use. |
| 10-Year Renewal & Declaration of Use/Nonuse | $650 | Combined cost; required every 10 years to maintain registration. |
| Attorney Fees | Variable | Highly dependent on complexity and legal strategy. Can include trademark search, application preparation, office action responses, and enforcement. |
Disclaimer: The fees listed are subject to change based on updates from the USPTO.
Conclusion
The cost to trademark a brand name or logo can vary significantly. A basic application for a single class with no complications might cost only the initial filing fee. However, factors like the filing basis, the number of classes, and potential office actions can increase the overall cost. Budgeting for maintenance fees is also crucial for long-term trademark protection. Consulting with a trademark attorney can help you navigate the process effectively and avoid costly mistakes.
