Launching a new business can be very exciting. However, every business person understands it takes more than just an excellent product to create a brand: A good name and an eye-catching logo in an overcrowded industry. Every one of these is an asset of the company’s brand, and its management is important hence the reason for the trademark registration. But how much does it cost to trademark in the United States of America?
In this article, we will discuss all the trademark registration costs you should expect, show you how it is done, and tell you why it is a very important expenditure for your business.
The Importance of Trademark Registration
- With the appropriation of your trademark or logo third parties, be they companies or individuals, without permits can be legally sanctioned.
- Reducing consumer confusion is important and trademark registration does facilitate this.
- If it is well known, it can help to build the image of the business by making it more credible in the eyes of the consumers.
- They can contribute positively to the worth of the business and even business assets.
- With a registered trademark you have greater protection when opposing or defending the use or registration of similar trademarks.
- They provide the proprietor of the mark the right to use the trademark for the goods and services which have been specified.
- Depending on the jurisdiction, such registration may be limited to a certain territory or it may extend throughout the nation or even across borders.
What is a Trademark?
A trademark may be any word, name, symbol, or device that is used by a party to identify it as the source of goods or services and distinguish that source from others. It is like the unique pin of identity which has been created by you in the marketplace. However, protection of the trademark by registering an application with the United States Patent and Trademark Office (USPTO) not only enables one to enjoy legal covering but also gives the holder a monopoly on it within the territory.
This also helps to protect your brand from being compromised by enabling you to stop others from using a mark that is too similar to your mark. Moreover, brand registration may add value to your brand which is an important intangible asset for future business expansion and competition.
How Much Should Be Set Aside To Set Up A Trademark?
When filing for a trademark in the USA, the costs involved vary according to certain factors. Below are the main costs that one will logically face while applying: It is true to say that there is a variation in the price of registering a trademark.
Costs Incurred Closing The Application at The USPTO
This is because the USPTO has a filing fee for each class of goods or services included in an application. The fee could be between $250-$350 per class which depends on the type of application submitted (TEAS Plus or Standard TEAS).
Lawyer Billing Rates
Even though a person can file a trademark application by themselves, it is recommended they enlist the help of a trademark attorney which is usually worth it. The charging rates of the attorney will mostly vary between 500 to 2000 depending on how complex the application is and the experience of the educator.
Special Charges
There may also be other expenses associated with the filing of a trademark such as fees incurred in undertaking a trademark search, responding to USPTO office actions, and the fee for the renewal of the trademark registration.
The Significance of Pashto Filing Fees in USPTO
There are two major types of applications for the registration of the trademark, and the USPTO puts up an application fee structure for their submission.
TEAS Plus
The TEAS Plus application charges $250 for every class of goods or services offered in the application. It is cheaper but more laws should be followed such as that a list of goods and services must be offered.
TEAS Standard
The TEAS Standard application charges less than what is charged for application per class of goods or services of three hundred and fifty dollars. This alternative is more expensive because more details are allowed in describing the goods and services applied for.
Conducting a Trademark Search
It is very advisable to carry out a trademark search before you file your application to determine if the mark you have selected has not been registered before. A simple search of your own can be carried out on the USPTO’s website but for peace of mind and avoidance of risks, one opts for a professional comprehensive search. The fee for such professional trademark searches may go anywhere rising from three hundred dollars to one thousand dollars.
Filing Your Trademark Application
Filing your trademark application involves several steps. Here’s a brief overview of the process:
Prepare Your Application:
Gather information such as your mark, what goods or services it will cover, and contact details.
Submit Your Application:
Decide on either of the two applications TEAS Plus or TEAS Standard and file it on the USPTO website to provide appropriate fees.
Review and Respond:
Upon submission of the application, the USPTO will undertake a review and in most cases will issue an office action in case there are some defects. Make sure that there is no delay in Fulfilling any such request from the USPTO.
The Role of a Trademark Attorney:
It is possible to complete the trademark registration process on his or her own. However, it is always advisable to seek the help of a trademark attorney. A qualified lawyer can:
- A comprehensive foreign and domestic trademark search will be conducted.
- Prepare as well as submit the application.
- Respond to office actions as well as any other requests from the USPTO.
- Help you with protecting or enforcing your trademark rights.
Maintaining Your Trademark Registration
Once your trademark is registered, one’s work is not yet done, and some actions will have to be undertaken. This includes:
Monitoring and Enforcement
Regularly monitor the marketplace for potential infringing acts and act against them.
Renewal Fees
Pay renewal fees at stipulated periods for the practice to be recognized as active. These fees are due in the fifth and the sixth year and subsequently once every ten years after the date of registration.
Declaration of Use
File a Declaration of Use between the fifth and the sixth year to show that the trademark owner is still in use of the trademark.
Common Mistakes To Avoid
While Concerning Trademark Registration Given the complications involved in trademark registration getting it wrong is extremely expensive. Here are some common problems you should avoid:
Choosing a Weak Mark
Generic or descriptive marks are difficult to protect. Opt out of using descriptive marks instead come up with a distinctive mark.
Failing to Conduct a Thorough Search
Neglecting a similar mark may cause legal problems. Spend some resources to conduct a detailed trademark search.
Missing Deadlines
Responder/timeliness on timely responses to USPTO communications and renewal deadlines is very essential for one’s trademark rights.
The Benefits of Professional Help
Expert Guidance: Professionals are familiar with the rule of trademarks. They know how to process the application within a short time.
Increased Chance of Successfully Achieving Successful Application: The chances of any application being positive and successful are increased by having an expert, thus the chances of many rejections are reduced.
Time-Saving: These people will increase the speed with which the registration process will be done leaving businesses to take care of their main operations.
Affordable: As much as there is an initial fee paid for hiring their services, it helps in avoiding pointless costs that would have been incurred if the applications were done by oneself.
Full Coverage: Suppliers of extensive trademark services include professionals who can conduct searches and provide papers for filing trademarks, amend and prosecute consider injuries, and ensure maximum defense of the business’s identity.
Reasons why Trademark Registration is an Activity that is Worth the Spending
Even if the amounts required in carrying out a trademark registration process may seem quite high, the advantages gained are certainly greater than the costs. There is a lot that comes with trademark protection. Some of them include:
Legal Protection
Ownership of the mark will be granted to you and pursuers of the mark will be legally pursued.
Market Preservation
Increase the reputation and recognition of your product in the market.
The building block of business
Carrying out business further with a trademark that is registered will significantly raise the value of the business.
Some Useful Steps in Trademark Registration
While registering a trademark, maximizing its kilometer will also give practical strategies.
Choose a Strong Mark
A mark that is not only different from other marks available in the region but is also very likely to be used to identify the goods/services of the company.
Conduct a Comprehensive Search
Finding a mark unique to your business is no easy task as running a trademark is most likely close to impossible.
Follow USPTO Guidelines
Please observe these requirements any time when you are making any application to avoid wasting time doing the same tasks over and over again.
The Future of Your Brand
As stated above, with the application of development strategies effectively, protecting and growing the business through registering a trademark is the wisest and most considerate option in this aggressive market. Recognizing the administrative expenses associated, application costs, and potential litigation expenses, one can adequately prepare as far as finances are concerned.
Although it may seem overwhelming at first, the process can be simplified into manageable parts. For another, professional help from trademark attorneys or consultants can be critical given that incredible legal skills and knowledge are required.
Achieving the brand is not only protecting the company from being invaded by others but also preparing the company for a bigger course in the future. Customer confidence in your brand will rise due to making this investment, and that may also please customers for further growth and market stability.
Conclusion
Though applying for a trademark may seem difficult, it is one that your business has to make if it is to grow. Taking the time to appreciate the cost and the process would be able to provide you with ways in which you will be able to secure your brand and make it unique in the market. You already know what you want next, don’t you? The next step is to initiate the process of trademark registration so that you can secure your brand in the marketplace.
For more assistance, always feel free to speak to trademark lawyers or other related services. You are on the right path toward the success of your business and it all begins with the strategy to protect your brand by registering a trademark.
Nabin Adhikari
