Business owners generally want to protect their brand by registering trademarks with the United States Patent and Trademark Office (USPTO). Registering a trademark can provide numerous benefits, including nationwide protection of a business’s intellectual property (IP) and the presumption of a valid trademark. Therefore, many business owners need to know about the costs involved and may find a guide to trademark filing fees to be useful. If you are ready for more advice about the process and the filing fee for trademark applications, consider contacting Polymath Legal PC at (833) 931-6418 to schedule a consultation.
How Much Are Federal Filing Fees for a Trademark?
There are two primary types of trademark applications:
- Actual use
- Intent to use
Actual Use
Filing a trademark based on its actual use in commerce typically involves paying a single fee for the application. This fee is normally either $250 or $350 per mark and class. For the latest in fee information, be sure to check with the USPTO directly.
Intent To Use
In contrast, filing a trademark based on the intent to use it later normally involves paying two application filing fees. The first fee is the same as the trademark fee based on its actual use. The second fee, which equates to $100, comes later and is required when filing a statement proving that the owner is actually using the trademark in commerce. Usually, this must be submitted within a specific period of time. However, this time may be extended in certain circumstances with an additional $125 fee.
Marks and Classes
A business owner who wants to register his or her company’s name, for instance, will file for a single trademark. If the same business owner also registers a logo, that is another mark, which requires a separate registration. Separate filing fees for trademark applications are required for each trademark that an owner wants to register for his or her business.
Additionally, trademarks must be registered under a specific class based on the applicable goods or services. The standard filing fee, however, covers only a single class. Therefore, if a business owner wishes to register a single trademark for his or her business that will be used under multiple classes, such as wine and furniture, the fee would be multiplied by the number of classes listed on the application.
How Much Are the USPTO’s Base Fees?
Trademark owners may use one of two online forms or a paper application to apply for a trademark with the USPTO, and each has its own fee as follows:
- TEAS Plus—startups, small businesses, and freelancers use this form with pre-defined classes of goods or services at a cost of $250
- TEAS Standard—those who are unable to meet the conditions of TEAS Plus use this standard form at a cost of $350 per mark and class
- Paper form—those who are uninterested or unable to use the online options can file by paper at a cost of $750
Searching for Trademark Conflicts
Before applying for a mark, it is crucial to check that there are no conflicts between the proposed trademark and any existing marks. The USPTO refers to this as a clearance search, which applicants can perform through the USPTO’s online search system for free. In addition to these searches, it will be helpful to also look at state databases, as existing trademarks at the state level that conflict with a proposed trademark may lead to the refusal of the trademark application.
Maintaining a Registered Trademark
According to the USPTO, after registering a trademark, the trademark owner is required to submit documents regularly to maintain the registration. The cost of filing these documents varies depending on where the trademark falls in the classes listed in the registration. A renewal application and a declaration of excusable nonuse or declaration of use must be filed every 10 years. As of August 2022, the renewal fee is $525 per class, so the total will be based on the number of classes the trademark was originally filed under. A trademark owner filing a renewal application can do so up to six months after the deadline. Additional fees might be necessary after that date.
Additionally, the USPTO requires trademark owners to file a document stating whether they are still using the trademark five years after registering the mark. If the trademark is no longer in use, the USPTO requires a good reason for maintaining the mark. This document requires a fee of $250 per class.
Other Trademark Registration Costs
A key component of applying for a trademark involves initially creating the details of the proposed mark. Typically, these designs should be complex. Business owners can design their own marks, but many seek professional help. For this work, many business owners can expect to pay approximately $500. The cost varies based on the complexity of the design.
Some business owners may wish to register their trademarks at a local level instead of filing for federal registration. The fees for these applications are generally lower than the USPTO fees, but trademark owners can expect less legal protection. For those who only plan to run their business in a single state, a trademark registered at the state level might be sufficient. Otherwise, it is often advisable to register at the federal level. Although reviewing a guide to trademark filing fees can help trademark owners better understand the fees involved in registering a trademark, an experienced intellectual property attorney such as Polymath Legal PC can help to ensure the accurate filing of your mark.
Contact an Intellectual Property Attorney for Help
While reading a guide to trademark filing fees can be helpful for anyone interested in registering a trademark, a seasoned intellectual property attorney can help to make sure no important step is overlooked. A lawyer can help to locate existing similar trademarks, prepare and file trademark applications, and later defend a trademark owner’s rights. If you are ready to file a trademark application for your business, consider contacting an experienced intellectual property lawyer at Polymath Legal PC by calling (833) 931-6418 to schedule a consultation.