Registering a trademark provides additional legal rights to protect a brand name, logo, service, phrase, or symbol that represents a company or profitable venture. A business or individual becomes an intellectual property owner as soon as they begin using the mark in connection with their goods or services. Registering a trademark with the USPTO provides nationwide rights and better legal options to protect intellectual property. However, some companies and individuals are hesitant to take this additional step because they are concerned about trademark registration costs. Registration requires certain fees, but those fees are often far outweighed by the benefits of registration. The experienced intellectual property attorneys at Grabbe Law Office can help individuals and companies examine the benefits and drawbacks of trademark registration. Learn more by calling 782-621-4711 or setting up a free 15-minute consultation with a trademark lawyer.

 

The Basics of Trademark Registration Costs

 Trademark registration requires both upfront application fees and periodic maintenance fees. It may require other fees as well. Registration costs will vary based on what an individual or entity wants to register.

 

Trademark Application Fees

 The United States Patent and Trademark Office (USPTO) provides two filing options for new trademarks. The two options have just one filing application through their Trademark Electronic Application System (TEAS), but each option’s requirements and fees vary.

 

·        TEAS Plus: This option has more filing requirements up front and provides a lower application fee. Specifically, applicants must be able to select their class of goods and services from the Trademark Identification Manual (ID Manual). If the ID Manual does not have a classification for the applicant’s goods and services, then they must use TEAS Standard. This fee is $250 per class.

·        TEAS Standard: The standard option has fewer filing requirements up-front. This application requires a general description, or “create your own” description of goods and services offered. This creates more work for the USPTO and thus results in a higher fee per class of goods and services overall. This fee is $350 per class.

 Determining which option to use depends on your specific goods and services. Only one mark can be on each application, so if the applicant wants to register multiple marks, they will need to file separate applications and pay separate filing fees.

 

Maintenance Fees

 In addition to the required application fees, registered trademarks must also be maintained with the USPTO. These fees are only required every few years, but they are necessary if an individual or entity wants to maintain their registration in most cases.

 

·        Declaration of Use After five years (also known as a §8): $225 per class

·        Declaration of Incontestability (also known as a §15): $200 per class

·        Declaration of Use After five years combined with Declaration of Incontestability (also known as a combined §8 and §15): $425 per class

·        Declaration of Use and Application for Renewal every ten years: $525 per class

 

The rates above apply as long as the applicant files before the grace period for each declaration. The grace period is six months after the due date. If the applicant files during the grace period, they must pay an additional $100 or $200, depending on the type of filing.

 

Other Potential Fees

 In addition to application and maintenance fees, a trademark owner might also face other fees. For instance, they may need to request an extension to show that the mark is being used in commerce if they did not include that information in their initial application. The fee for that request is $125 per class. The fee for showing use after the application is an additional $100 if the applicant did not include that information with the initial application.

 Other fees might be applicable to an applicant’s unique situation. If an applicant has an attorney assist with their application, there will likely be fees associated with those services as well. Talk with our legal team at Grabbe Law Office to get an estimate of trademark registration fees for your specific situation.

 

What Is a Trademark Class?

 Applicants will note that trademark registration costs depend on the number of “classes” the applicant is registering. As a result, it will be helpful to know how the USPTO defines a class.

 The USPTO uses classifications to categorize trademarks. Classes make sorting and cataloging trademarks easier and more efficient. Each class then has an assigned number from 1 to 45. Services and goods are never in the same class. For example, the following are in the same class, under “writing”:

 

·        Ink

·        Implements

·        Chalk

·        Paper

·        Pads

·        Grips

·        Tablets

·        Dry erase boards

·        Paper holders

 However, screenplay writing or writing resumes are in different classes. Writing desks and edible writing paper are also in different classes.

 When applicants submit a description for their product or service, they will be asked to describe it to see if it fits within a class. Specific keywords will trigger further sorting into additional classes, if necessary. The more classes that the goods or services trigger, the higher the application fee will be. However, applicants may not need all the classes that are triggered and can save filing fees by strategically determining in which classes they actually need to file. Whether or not you need them all. This is where an experienced trademark attorney from from Grabbe Law Office can help. Call 785-624-4711 or set up a free 15-minute consultation online for more information.

 

Benefits of Trademark Registration

 Although trademark registration may seem like a daunting and expensive process, it is often worth it for the benefits that applicants receive. While trademarks automatically have some protections once an individual or business owner starts using them, they simply do not have the type of extended protection that registering a trademark provides. Examples of these benefits include the following:

 ·        Listing in the trademark database to provide public notice to anyone searching for a trademark

·        The automatic legal presumption that the holder of the trademark owns it and has the right to use it

·        Right to file for trademark protection in foreign countries

·        Right to bring a lawsuit concerning the trademark in federal court

·        Can use the federal trademark symbol (®), which can be helpful in deterring others from using a trademark

 Registration is not required, but it can be very helpful in the event that someone else attempts to use your intellectual property. For the relatively minimal costs, registration can end up being a huge benefit.

 

Get Help with Your Trademark Registration

 Trademark registration does not have to be a scary or daunting process. With the help of an experienced attorney, the process can be relatively simple. You may be able to get assistance with a trademark application, including an estimate of trademark registration costs, from Grabbe Law Office. Call 785-624-4711 or set up a free 15-minute consultation online for more information.