Trademark fees are charged by the government to process and register your trademark. In addition, professional fees may be charged by attorneys or agents, and renewal fees are charged to maintain your registration.
The cost to file an initial trademark application varies by jurisdiction. It depends on whether TEAS Standard or TEAS Plus is used and if free-form or pre-approved descriptions of goods and services are used.
Trademark Searches
A comprehensive trademark search is a vital initial step in ensuring that your business’s chosen mark is available and does not conflict with any existing marks. The cost of a search can range from $300 to $1275 depending on the scope and complexity.
A basic trademark search is conducted through the USPTO’s Trademark Electronic Search System (TESS) and includes all registered marks within a particular trademark class (e.g., furniture is in Class 20, tobacco products are in Class 34). A skilled attorney can further extrapolate potential ancillary issues that could affect the mark’s registration such as likelihood of confusion with prior marks that describe the goods/services (see our guide on How to properly identify goods/services for trademark purposes).
If your mark includes a design element, a separate search must be conducted through TESS using “design codes.” The USPTO provides a handy Design Search Code Manual that guides this process. Performing a comprehensive search at this early stage can prevent the possibility of spending significant time, money, and energy on advertising, branding, and building a company only to learn that your trademark application is denied.
Filing an Application
The government filing fee for a trademark application is $250-$750, depending on how you file and the number of classes of goods and services identified in your application. The USPTO provides a searchable online class list to help you identify the correct classifications for your product or service.
The filing fee is separate from any other fees you may incur through the trademark process. The most common additional fees are for responding to a communication from the examining attorney (Office Action) or other third-party oppositions.
Performing a comprehensive trademark search prior to filing is recommended to reduce the risk of issues with your application. A trademark search can be performed yourself or through a professional service. A lawyer or agent can also provide guidance throughout the trademark process and assist with tasks like preparing applications, responding to office actions and arguing oppositions. The cost of an attorney or agent can vary widely depending on their experience and the scope of work.
Oppositions
Anyone who believes that the registration of a trademark would cause harm can file an opposition to that trademark with the Trademark Trial and Appeal Board (TTAB), a division of the USPTO. Oppositions can be very expensive, and they require the involvement of legal counsel.
Trademark oppositions are like a mini-trial, and they require careful preparation and attention. If you hire an attorney to prepare your Notice of Opposition, it can cost between $600 – $1000.
Once a Notice of Opposition is filed, the TTAB sets a trial calendar and the applicant is given thirty days to respond with a counter statement. At this point, costs begin to increase as each party sends discovery requests and the opposing side submits rebuttal evidence. This can be a very costly stage, and it is often best to reach a settlement agreement as early in the process as possible. In the event that a settlement cannot be reached, the TTAB will render a decision, which may include award of costs to one or both parties.
Renewals
Trademark owners must regularly file maintenance documents in order to keep their trademark registration alive and enforceable. These documents typically include a Section 8 declaration (a legally binding statement that the mark is still in use) and evidentiary specimens of the trademark in use.
Failure to submit maintenance documents or pay renewal fees by the applicable deadlines results in the cancellation of a registered trademark. Although some jurisdictions allow for a grace period that extends the time to renew, doing so typically comes with additional costs and may leave gaps in trademark protection.
Scammers may contact trademark owners by phone or mail, claiming that their trademarks are about to expire and offering renewal services for a fee. These communications often use misleading or confusing language and may impersonate a government agency or official trademark office. They may also overcharge for renewal services, taking advantage of trademark owners’ reliance on these services to keep their registrations current.
