Trademark Registration Fees

A strong brand identity is essential in today’s competitive business climate. A trademark acts as a unique symbol that distinguishes your goods and services from your rivals. By registering your trademark, you can legally prevent unauthorized use and protect the value and reputation of your company.

However, navigating the trademark registration process can be daunting, and understanding the associated costs is an essential first step. This guide explores the fees involved in trademark registration in 2024, including federal filing fees, potential state costs, and attorney involvement.

Federal Trademark Registration Fees

The principal fees for online trademark registration are levied by the United States Patent and Trademark Office (USPTO). The USPTO will provide two application options in 2024, each with a different fee:

• TEAS Plus Application: This is the most common and cost-effective option for most businesses. It costs $250 per class of goods and/or services you wish to register your trademark under. The USPTO classifies goods and services into 45 distinct categories. Therefore, if your trademark applies to multiple product categories, expect the filing fee to increase accordingly.
• TEAS Standard Application:  This option is required if your description of goods and services is complex or if you need a unique identification for your trademark. The application for the TEAS Standard is $350 for each class of products and/or services.

Additional USPTO Fees

Beyond the basic filing fee, the USPTO charges for various additional services, including:

• Search Report:  To determine whether your trademark application will conflict with any already-registered trademarks, you can obtain a trademark search report from the USPTO before filing. The $300 report is expensive.
• Post-Registration Fees: Once your trademark is registered, you’ll need to file maintenance documents every ten years to keep it active. These fees vary but typically fall in the range of $125-$400.

State Trademark Registration Fees

While trademark registration is optional in certain states, federal registration protects the country. The borders of your state are further protected by these state-level registrations. State fees, however, differ greatly. Certain states have no fees at all, while others may run into the hundreds of dollars.

Benefits of State Trademark Registration

State trademark registration has benefits as well, particularly for local businesses, even though federal trademark registration provides the most extensive protection for your brand throughout the United States. Here’s a breakdown of the key benefits of registering your trademark at the state level:

1. Increased Brand Protection Within Your State

2. Potential for Faster and Simpler Registration

3. Deterrence Against Local Infringement

4. Potential Use in Federal Cancellation Proceedings

5. Potential Use in State Court Litigation

Attorney Fees

The complexity of the trademark registration process can vary. For straightforward trademarks and businesses with a good understanding of intellectual property law, applying themselves might be feasible. However, many businesses choose to involve a trademark attorney for increased efficiency and expertise.

Attorney fees can vary greatly depending on the complexity of your trademark, the attorney’s experience, and your location. Here’s a breakdown of what to expect:

• Consultation: Initial consultations with a trademark attorney typically cost $100-$300 per hour.
• Application Filing: Attorneys typically charge a flat fee or an hourly rate for preparing and filing your trademark application. Fees can range from $1,000 to $5,000 or more, depending on the complexity.
• Ongoing Services: An attorney can provide ongoing guidance throughout the registration process, including responding to USPTO inquiries, handling potential conflicts with other trademarks, and managing post-registration maintenance. These services can be billed hourly or with a retainer agreement.

Understanding Trade Mark Registration Online

While online resources can provide valuable information about trademark registration, it’s important to be cautious about relying solely on these resources for the actual filing process. The USPTO website offers a user-friendly online filing system called TEAS (Trademark Electronic Application System). However, navigating trademark law and ensuring your application complies with USPTO regulations can be challenging for those unfamiliar with the process.

Form TM-48 in Trademark Registration

When navigating the world of trademark registration, Form TM-48 plays a specific role. Let’s delve into what this form is when it’s required, and what it entails.

What is Form TM-48?

The official title of Form TM-48 is “Appointment, Revocation, or Change of Attorney.” When someone other than the trademark owner applies, this document is used in India for trademark applications. Such “someone” might be:

• A trademark attorney
• A trademark agent
• A constituted attorney (someone legally authorized to represent the applicant)

Brand Registration: Final Thoughts

The type of application, the number of classes claimed, the possibility of state filings, and the involvement of an attorney are some of the variables that will affect the cost of trademark registration in 2024. It is strongly advised that companies that value efficiency and want to increase the chances of a successful registration speak with a trademark attorney.