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Cost To Trademark A Name

How Much Does It Cost to Trademark a Name? — Guide for US and International Filings

Trady

Trady

14 June 20247 min read

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How Much Does It Cost to Trademark a Name? — Guide for US and International Filings

In today's competitive market, protecting your brand is crucial.

Trademarking your business name is vital to ensure your brand's identity and reputation are safeguarded.

This article will guide you through the costs involved in trademarking a name, the process of filing a trademark online with Trademarkia, and whether trademark registration is necessary for your business.

We'll also cover the fees associated with trademarking a name, common mistakes to avoid, and the costs of renewing a trademark.

By the end of this article, you'll understand how to effectively protect your business name with Trademarkia.

Is trademark registration necessary?

Trademark registration is not strictly necessary, but it offers significant advantages that make it highly advisable for businesses seeking to protect their brand.

Here are some key reasons why trademark registration is beneficial:

  • Legal protection: A registered trademark protects against unauthorized use of your brand. It gives you the exclusive right to use the trademark in connection with the goods or services listed in your registration and allows you to take legal action against anyone who infringes on your trademark​.
  • Public notice: Registration puts the public on notice of your claim to the trademark, which can deter others from using a similar mark. It also means that your trademark is listed in the USPTO database, making it easier for others to find and avoid infringing on your mark​.
  • Enhanced rights: Registered trademarks are presumed valid and are given greater weight in legal disputes. After five years, a registered trademark can become incontestable, providing even stronger protection against challenges​.
  • Brand value: A registered trademark adds value to your brand, making it a more attractive asset for potential buyers or investors. It demonstrates that you have taken steps to protect your brand and are serious about maintaining its integrity​.
  • International protection: If you plan to expand internationally, having a registered trademark in the US can serve as a basis for registering your trademark in other countries through international treaties like the Madrid Protocol​.
  • Licensing and franchising: A registered trademark can be licensed or franchised, providing additional revenue streams. It also gives you more control over how others use your brand​.

Do you need to hire a trademark attorney? Read our complete article “Do I Need to Hire a Trademark Attorney?

Fees to trademark a name

Trademarking a name involves several fees, which can vary depending on the specifics of the application and any legal assistance you might require.

Here’s a breakdown of the common costs associated with trademarking a name in the United States:

USPTO filing fees:

  • TEAS Plus Application: $250 per class of goods or services. This option requires more stringent adherence to USPTO requirements.
  • TEAS Standard Application: $350 per class of goods or services. This option is more flexible but more expensive​.

Attorney fees:

Trademark attorneys can assist with conducting thorough searches, filing the application, and handling any issues that arise during the process​.

Trust the experts — go to Trademarkia and see what we can offer you.

Additional fees:

  • Office action responses: If the USPTO issues an office action requiring additional information or clarification, responding to these can incur additional costs, especially if legal assistance is needed.
  • Maintenance fees: Maintaining a trademark requires periodic filings and fees after registration.

Common mistakes when trademarking a name

Common mistakes when trademarking a name

When trademarking a name, several common mistakes can undermine the process. Here are some of the most frequent errors:

  1. Not conducting a thorough trademark search: Failing to perform a comprehensive search to ensure the name isn't already used can lead to legal disputes and trademark application rejections.
  2. Choosing a generic or descriptive name: Generic or overly descriptive names are difficult to trademark because they don't uniquely identify the source of the goods or services. Names that merely describe the product's qualities or characteristics aren't distinctive enough to qualify for trademark protection.
  3. Ignoring international considerations: If your business operates or plans to expand internationally, not considering trademark laws in other countries can lead to complications. A name available in one country might already be trademarked in another, causing issues for international expansion.
  4. Not using the trademark correctly: Improper use of the trademark, such as not consistently using the trademarked name in business operations or altering the trademarked name, can weaken your trademark rights. It's essential to use the trademark as registered and consistently across all platforms.
  5. Filing incorrectly or incompletely: Errors in the application process, such as incomplete information or incorrect classification of goods and services, can lead to delays or rejections. Ensuring the application is correctly filled out and all necessary information is included is crucial​.
  6. Not monitoring and enforcing trademark rights: Once a trademark is registered, it's essential to monitor for any unauthorized use and enforce your rights. Failure to do so can weaken the trademark and lead to its potential loss​.

By avoiding these common mistakes, you can enhance the chances of successfully registering and maintaining your trademark, thereby protecting your brand effectively.

How much does it cost to renew a trademark?

Renewing a trademark in the United States involves several steps and associated fees:

Section 8 Declaration of Continued Use (5th-6th year):

  • Fee: $225 per class of goods or services.

Purpose: To confirm that the trademark is still in use in commerce or to explain its non-use.

Combined Section 8 Declaration and Section 9 Renewal (9th-10th year, and every ten years after that):

  • Fee: $525 per class of goods or services.

Breakdown:

  • Section 8 Declaration: $225 filing fee class.
  • Section 9 Renewal: $300 filing fee per class.

Purpose: To maintain and renew the trademark registration.

Late filing fees:

  • Additional $100 filing fee per class if filed within the six-month grace period after the due date.

Additionally, an optional Section 15 Declaration of Incontestability can be filed between the fifth and sixth years after registration, costing $200 per class.

This declaration strengthens the trademark's legal standing by making it immune to specific challenges.

It's crucial to adhere to these filing requirements and deadlines to avoid cancellation of your trademark registration​.

For more detailed and up-to-date information, you can visit the USPTO website.

How much does international trademark registration cost?

The cost of international trademark registration can vary significantly depending on the number of countries where protection is sought and the specifics of the trademark.

Using the Madrid Protocol, which allows for a streamlined process to file a single application that covers multiple countries, can help manage these costs.

The basic fee for an international application through the Madrid Protocol is 653 Swiss francs (CHF) for a black-and-white mark or 903 CHF for a mark in color​.

In addition to the basic fee, there are complementary and supplementary trademark fees.

The complementary fee, which varies depending on the country, ranges from $100 to $850 per country.

Additionally, there is a supplementary fee of 100 CHF for each class of goods and services beyond the first three. Each designated country may also have its own individual fee, which can add to the total cost.

Legal fees for handling the trademark application can further increase the cost.

Hiring an attorney to manage the filing process typically costs $950 and up, depending on the complexity of the application and the number of countries involved.

These legal fees cover the preparation, filing, and tracking of the application and can be a worthwhile investment to avoid costly mistakes.

Overall, the costs of international trademark registration can add up, but using the Madrid Protocol offers a centralized and efficient way to protect your trademark in multiple countries.

How to file a trademark online with Trademarkia

Filing a trademark online with Trademarkia is a streamlined and user-friendly process designed to simplify trademark registration

To begin, visit Trademarkia and create an account.

Once registered, you can use their trademark search tool to check the availability of your desired trademark, ensuring it is unique and not already in use.

After confirming availability, you will be guided through the application process, where you’ll need to provide details about your trademark, including its name, logo, and the goods or services it will represent.

Trademarkia offers assistance at every step, including preparing and submitting the application to the USPTO.

Protect your business name with Trademarkia

Securing your business name through trademark registration is essential in protecting your brand's identity and ensuring long-term success.

Trademarkia simplifies the process, offering expert guidance and a user-friendly platform to help you file your trademark efficiently and affordably.

Don't leave your brand vulnerable to infringement and legal challenges.

Take action today to safeguard your intellectual property and establish a strong market presence.

Visit Trademarkia now to trademark a business name and protect your brand's future.


FAQs

What is the cheapest way to trademark a name?

The cheapest way to trademark a name is to file an application directly with the US Patent and Trademark Office (USPTO) online. Choosing a "TEAS Plus" application can save you money, but ensure you meet all the strict requirements to avoid additional fees. However, ensure that you file with a trademark attorney, as a failed application can be costly.

How long do trademarks last?

Trademarks last as long as they are in use and the required maintenance documents are filed. Initially, a trademark is valid for ten years but can be renewed indefinitely every ten years.

Can I sell without a trademark?

Yes, you can sell without a trademark, but you won't have the legal protections that come with it. Without a trademark, your brand is vulnerable to infringement and might face difficulties establishing a solid market presence.

Does a small business need a trademark?

While not legally required, a trademark is highly beneficial for a small business. It protects your brand, helps build your reputation, and can prevent costly legal disputes over brand identity.

Is it worth it to trademark a name?

Yes, completing the trademark registration process is worth it if you want to protect your brand identity and ensure exclusive rights to its use. It helps build brand recognition and provides legal recourse in case of infringement.

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AUTHOR

Meet Trady, Trademarkia's AI "Creative Owl" and the whimsical author behind our blog. Trady isn't just any virtual writer; this lively owl combines inventive wordplay with a deep understanding of trademark law. By day, Trady dives into the latest trademark filings and legal trends. By night, it perches high, sharing trademark wisdom and fun facts. Whether you're a legal expert or a budding entrepreneur, Trady's posts offer a light-hearted yet insightful journey into intellectual property. Join Trady and explore trademarks with wisdom and playfulness in every post!