How Much Does a Trademark Attorney Cost? (+ The Benefits)

When considering the registration and protection of trademarks, understanding the associated costs is essential for effective budgeting and legal compliance.

This guide will explore various financial aspects of trademark registration, including:

• The costs of hiring a trademark attorney,
• The official filing fees charged by the US government,
• And the professional fees for conducting comprehensive trademark searches.

Additionally, we'll discuss how services like Trademarkia can help you protect your trademark efficiently.

Whether you're a new business owner or managing an existing brand, knowing these costs can help you navigate the trademark process more confidently.

What are the US government trademark filing fees?

And how much does a trademark cost?

The current US government trademark filing fees vary depending on the type of application form used and the number of classes of services or goods covered by the application.

The USPTO offers two electronic filing options: 

1. Trademark Electronic Application System (TEAS) Plus
2. TEAS Standard

The TEAS Plus option costs $250 per class of goods/services, while the TEAS Standard option costs $350 per class of goods/services​.

These fees are crucial for anyone planning to register a trademark as they apply to the initial filing of the application.

It's also important to consider that additional costs may arise during the trademark registration process, such as fees for responding to USPTO office actions or maintaining and renewing a registered trademark​.

How much are trademark attorney professional fees?

The cost of hiring a trademark attorney varies depending on the complexity of your trademark filing.

At Trademarkia, we have three package options available for someone looking to pursue federal trademark registration:

1. First, we have our $99 subscription package. This includes everything you'll need to get your trademark filed, except a comprehensive trademark search. This package requires a minimum of two quarters paid at $99 before you can cancel the trademark watch service.
2. Alternatively, you can opt for our standard $299 option, which is a single once-off fee and doesn't include the watch service or a comprehensive trademark search.
3. Finally, you can choose a flat fee with our $499 premium package. This all-inclusive package boasts a one-year free watch service and a comprehensive trademark search.

Remember that your attorney may advise you to register for more than one class. If this is needed, you'll have to pay further fees.

Are there any additional (or "hidden") fees for trademark registration?

Yes, there can be additional or "hidden" fees involved in trademark registration, mainly if complications arise during the application process. For example:

1. USPTO office actions: If the United States Patent and Trademark Office (USPTO) finds issues with your application, such as a likelihood of confusion with an existing trademark or non-compliance with trademark rules, they will issue an Office Action. Responding to an Office Action typically requires additional legal work and may incur attorney fees depending on the complexity of the issues raised.
2. Opposition proceedings: After the USPTO approves a trademark application, it's published in the Official Gazette to allow third parties an opportunity to oppose the registration. If an opposition is filed, dealing with this can be complex and expensive. Legal fees in opposition proceedings can increase significantly depending on the length and complexity of the dispute.
3. Renewal Fees: Trademarks must be renewed, eventually, with fees associated with each renewal. Failure to manage these deadlines properly can result in additional costs, such as late filing fees or even the need for legal assistance to reinstate a canceled registration.

How much do international trademark filings cost?

So, how much does it cost to trademark a name internationally?

The cost of filing an international trademark application can vary significantly based on several factors, including:

1. The number of countries in which you seek protection,
2. And the number of classes of goods and services covered by the application.

Those using the Madrid Protocol, which is a simplified international registration system, can file a single application to register a trademark in over 130 member countries.

Additional costs will depend on the countries you choose and the number of classes for your goods/services​.

And:

In addition to the basic fee, each country selected may impose individual fees ranging from $100 to $850 per country. Legal fees for preparing and managing the international application will vary.

Interested in filing a trademark? Check out our fees on Trademarkia.

How much does a comprehensive trademark search cost?

A comprehensive trademark search is a detailed review of the following:

• Registered trademarks,
• Pending trademarks,
• And common law usages.

This determines if a proposed mark is available for use and registration.

This search goes beyond the basic checks of the official trademark databases, incorporating various sources such as business directories, domain registries, and even social media platforms to ensure thorough coverage.

This search is crucial for identifying potential legal conflicts before filing a trademark application, reducing the risk of opposition or infringement claims.

The cost of a comprehensive trademark search can vary depending on the depth of the search.

With Trademarkia, a comprehensive trademark search starts at $199.

What are the benefits of working with a trademark attorney instead of filing yourself?

There are a number of benefits to filing your trademark application with a trademark attorney. These include:

Expert guidance on strategy and use: A trademark lawyer can provide strategic advice on how to use your trademark and where to register it. We help ensure that your trademark application aligns with your business goals and the legal requirements, maximizing your chances of securing broad and enforceable rights.

Comprehensive search and analysis: A trademark lawyer can thoroughly search existing trademarks to evaluate the availability of your mark and interpret complex search results. We can identify potential conflicts that could prevent registration or expose you to legal disputes. This comprehensive search reduces the risk of costly legal challenges from other trademark owners.

Accuracy and compliance: Filing trademark applications involves complex legal requirements that vary by jurisdiction. An attorney ensures that your application meets all legal standards, which can include (1) proper classification of goods and services, (2) accurately describing the mark, and (3) meeting all filing deadlines. Mistakes in any of these areas can lead to application denials or inadequate protection.

Representation in legal matters: If any legal issues arise, such as oppositions or office actions from the trademark office, trademark attorneys are qualified to address these on your behalf. We can negotiate settlements, respond to legal objections, and represent you in proceedings before trademark offices or courts.

Ongoing management and enforcement: Managing a trademark portfolio and enforcing rights against infringement are crucial after registration. Attorneys can monitor the use of your trademark, manage renewals, handle licensing agreements, and take action against unauthorized use. This proactive management helps maintain the strength and value of your trademark.

Avoiding common pitfalls: Many applicants who file on their own may not fully understand the nuances of trademark law, which can lead to broader legal and strategic issues. A trademark attorney can help avoid common pitfalls such as filing for the wrong mark or misidentifying goods and services, which can be difficult and expensive to correct after filing.

Considering hiring a trademark attorney? Read our article “Do I Need to Hire a Trademark Attorney?”

Can I get a refund from Trademarkia?

We strive to provide the best service possible to ensure that your trademark filing is completed efficiently and with expert attention.

That said, if you wish to get a refund for some reason or other, it's entirely possible.

That is, provided that you've not already been given the advisement email from your attorney.

This is a legal service, and we cannot offer refunds after this point.

Protect your trademark with Trademarkia

Protecting your trademark is critical in safeguarding your brand's identity and market position.

Understanding the costs involved — from government filing fees to attorney fees and the expenses of a comprehensive search — can help you plan effectively and avoid surprises.

Utilizing services like Trademarkia can streamline the process of becoming a trademark owner.

We ensure that your trademark is protected with professional oversight and support.

Remember, investing in a robust trademark strategy secures your brand and enhances its value and longevity in the competitive market.