How Much Does It Cost to Trademark a Phrase?

When you come up with a unique phrase that identifies your business or products, securing a trademark can be a crucial step to protect your brand in the marketplace.

However, the process to trademark a phrase involves several key considerations, including:

• Costs
• Legal assistance
• The specific procedures to follow

This article explores various aspects of trademarking a phrase, from the initial costs of registration and comprehensive searches to the benefits of hiring a trademark attorney.

We'll also delve into the different types of trademark applications, such as intent-to-use, and discuss the limitations of relying solely on common law trademarks.

This guide will give you a thorough understanding of what to expect and how to navigate the trademark process effectively.

How much does trademark registration cost?

The cost of trademark registration can vary significantly depending on the method and scope of your application.

In the United States, the USPTO filing fee for a trademark application ranges from $250 to $350 per class of goods or services when filed using the USPTO's online system.

With an attorney, legal fees can add a few hundred dollars to ensure successful registration.

Additionally, additional fees may be incurred if your application requires any responses to USPTO office actions or involves opposition proceedings.

Budgeting carefully and considering all potential expenses when planning for trademark registration is essential.

How much does a comprehensive trademark search for a phrase cost?

At Trademarkia, we offer a comprehensive trademark search as part of our premium trademark registration package priced at $499, or as a separate service for $199.

This search is integral to identifying potential conflicts with existing trademarks before proceeding with your application.

Opting for our premium package includes the search and the complete handling of your trademark registration, providing substantial value.

This approach ensures a thorough assessment, significantly reducing the risk of legal conflicts and making the registration process smoother and more efficient.

Unsure how long it takes to register a trademark? Read our full article on it!

Are trademark attorneys worth it?

Hiring a trademark attorney can be a significant decision in the process of registering a trademark.

Although the cost might seem daunting initially, the expertise and guidance a seasoned attorney provides often justify the expense.

Trademark attorneys specialize in navigating the intricacies of trademark law, including:

• conducting thorough searches,
• Preparing and filing applications,
• Responding to USPTO actions,
• And handling potential oppositions or disputes.

Their knowledge and experience can drastically reduce the likelihood of costly mistakes and application rejections.

Additionally, an attorney can offer strategic advice on using and protecting your trademark effectively, which can provide long-term benefits to your brand's positioning and legal security.

How do you get a registered trademark?

Federal trademark registration involves several key steps.

First, you must identify the phrase or design you want to trademark, ensuring it is distinctive and not already used by someone else in your industry.

Next, conduct a comprehensive search to check for any existing trademarks that could conflict with yours.

This can be done through the USPTO's online database or by using a service like Trademarkia, which offers search services as part of its registration packages.

Once you've confirmed that your trademark is available, you must file an application with the United States Patent and Trademark Office (USPTO).

This should ideally be done with a trademark attorney.

This application must accurately describe the trademark, specify the goods or services it will be used with, and include any required drawings or specimens.

After submitting your application, it will be reviewed by a USPTO examiner.

If there are no issues, your trademark will be published in the Official Gazette to allow for any public opposition.

If no opposition arises or you successfully overcome any challenges, your trademark will be registered.

Following registration, you must maintain your trademark by using it consistently in commerce and filing periodic maintenance fees and declarations of use with the USPTO.

Get more in detail about the trademark process in our article “What to Expect When Applying for a Trademark: A Comprehensive Guide.”

What are intent-to-use trademark applications, and how do they work?

Intent-to-use (ITU) trademark applications are designed for those who haven't yet used a trademark in commerce but plan to do so in the future.

This type of application allows you to secure rights to a trademark before actually launching your product or service, providing an essential advantage in protecting your brand early on.

The process starts with filing an ITU application with the United States Patent and Trademark Office (USPTO).

In the application, you must declare your bona fide intention to use the trademark in commerce, which means you have concrete plans to use it and are not just reserving a mark without the intention to use it.

The USPTO requires that specific details about the nature of the goods or services offered under the trademark be included.

After the ITU application is filed, it undergoes the same examination process as a traditional use-based application.

If approved, the USPTO issues a Notice of Allowance, after which you have six months to either start using the trademark in commerce and submit a Statement of Use or request a six-month extension if more time is needed.

This extension can be requested up to five times, providing up to 36 additional months to begin using the mark.

Once you submit the Statement of Use with evidence showing the trademark in use and it is approved, the trademark can be fully registered.

This approach allows businesses to establish rights in a trademark without the immediate need to launch a product or service, protecting the brand strategically in advance.

Can you trademark a phrase for free? Exploring common law trademarks.

While formally registering a trademark with the USPTO involves fees, there is a way to establish some level of trademark protection for free through common law trademarks.

Common law trademark rights are automatically established by using a distinctive phrase or logo in commerce without formal registration.

These rights are based on actual use of the trademark in a specific geographic area and can offer limited protection against others using a similar mark in that same area.

However, common law trademarks have significant limitations.

They generally provide protection only within the geographic region where the mark is actively used and are not as strong or enforceable as federally registered trademarks.

Proving ownership and the scope of protection under common law can be challenging and typically requires substantial evidence of prior use and recognition.

For those seeking more comprehensive protection, federally registering a trademark is advisable.

Trademark a phrase with Trademarkia

Navigating the complexities of trademark registration can be daunting, but it's essential for protecting your unique phrase and ensuring your brand stands out in a crowded marketplace.

Trademarkia offers a streamlined, user-friendly platform that simplifies the process of registering your trademark and becoming a trademark owner

By leveraging professional assistance through Trademarkia, you can avoid common pitfalls and ensure your application is comprehensive and compliant with USPTO regulations.

Moreover, a service like Trademarkia can offer peace of mind with professional oversight, making it a valuable investment for securing intellectual property rights.

Whether you're a small business owner or a large corporation, registering your trademark through Trademarkia can be an intelligent step toward safeguarding your brand's identity and future.