Registering a trademark in the United States isn't free and requires that you pay two fees:
- Fees paid to the US Patent and Trademark Office
- Fees paid to attorney who coordinates the filing process and helps you to avoid mistakes that limit how your trademark can be used
In addition, you may also file a trademark individually in your state. State registration is less expensive, but it is also less useful, in general. Most business owners are better to file for a national trademark so that they can use their trademark as they wish.
You can only register trademarks for specific goods and services that will use the trademark. These services and goods break down into 45 classes. The US Patent and Trademark Office has a list of specific goods and services from which to select, or you can enter them by choosing your own text.
Government Fees
The government fee to create a new trademark application is $275 per class if you choose goods and services from the list. You can file electronically using this option. It's $325 per class if you want to enter your own text. You pay the fee directly to the patent and trademark office at the time that you apply for the trademark. Attorney Fees
If you decide to hire an attorney, you'll also need to pay for any of the associated legal fees. Most attorneys will have a set rate for this procedure, but a flat fee can cost between $600 and $2,000 depending on the attorney. Applications that have multiple classes may also require more attention, and therefore, you must also pay more.
After Paying Fees
Once you file an application, it is examined. The examiner will then send you an official letter, which may include an acceptance or refusal. Some refusals can be appealed, while others may take years to appeal and require more legal research, which means hiring a lawyer.
You don't have to pay any fees to respond to a refusal. If you do use an attorney to help with your case, the attorney will likely charge an hourly rate to respond to these refusals and continue to appeal for your trademark acceptance.
Statement of Use Fees
It is important to note that you can file for a trademark based on already using the mark to sell goods or services or intent to sell these goods and services in the future. If you haven't sold anything under the trademark, then you may also have to file a Statement of Use, which doesn't have to be filed until months after you initially file the application. This is an extra $100 for each class of goods on the application.
Attorney fees will also be assessed to prepare Statement of Use documents, typically around $250 to $600, but that fee also relates to how many classes for which you are filing. It may also be difficult to prepare the Statement of Use because you need evidence, such as images, to show your intended trademark use for the goods and services.
Reducing Fee Costs
You can delete classes from your application any time during the process, but if you paid for classes at a certain point, you won't receive a refund.
