Protecting company names is one of several essential business practices for aspiring entrepreneurs and business owners today to protect their brand’s ‘ecosystem’. A trademark is the political and sociological essence represented in a symbol, illustration, or phrase that provides legal exclusivity for the business in the market.
When a person registers trademark business names in conjunction with certain products or services, such an individual is legitimately protected against anyone wanting to use a name that may be similar to their trademark because it is with the United States Patent and Trademark Office (USPTO).
Nonetheless, it is worth having an entire picture of the fees connected with filling out an application for a trademark. The fee charged depends on different aspects like the number of trademarks applied for, the number of services being provided, or even if a legal representative is sought.
This guide will detail various aspects of trademarking a business name, such as filing charges, possible extra costs, and future costs related to the upkeep of the trademark.
For applications for trademark registration, TEAS Plus, and TEAS Standard are the two main USPTP online systems currently available.
More specifics concerning the costs to trademark a business name are outlined below:
1. TEAS Plus Application
Cost: $250 for every class of goods/services.
The TEAS Plus application is the lowest-priced option available. However, this pricing feature comes with some intended requirements that would enable a client to be eligible for this low pricing feature. For instance, choosing a description of goods and services offered for the trademark from the list supplied by the USPTO. This makes it easy to carry out the application and easy for the USPTO to review the patent application.
Advantages:
- Lower cost.
- Faster processing due to the existence of suggestive descriptions.
Requirements:
- It is necessary to understand that future correspondence, documents, and all other communication will be done electronically.
- The Application should be of requisite standards and the information provided of accurate which is considered in the USPTO’s rules.
- There is less complexity compared to the TEAS Standard application on how the goods/services are described for purposes of the application.
2. TEAS Standard Application
Cost: $350 per class of goods/services.
It is noted that the TEAS Standard application allows more flexibility in describing the goods and services that you wish to have as a trademark which can easily be fitted into the requirements of the potential clients. Even though this option is offered at a higher fee, it can be beneficial to businesses that are complicated and do not neatly fit within the parameters of the pre-approved descriptions available in the TEAS Plus application.
Advantages:
- More flexibility in choosing descriptions of goods and services.
- The option is suitable for businesses with unique or specialized products/services that might not fit into the predefined categories.
Requirements:
- It is necessary to ensure that all future correspondence is done electronically.
- You can customize how your goods or services will be offered, the USPTO will have your back however with their guidelines.
3. Paper Filing
Cost: $750 for each class of goods or services.
Due to the slowest processing time and high relative costs, paper filing is the most costly option and is generally inadvisable. You have to send your application in a physical copy manually using this method, which may cause more mistakes, and take a long time during processing.
Advantages:
- Not that common, some applicants may find themselves filing paper applications for extreme reasons like having problems with the online submission system.
Requirements:
- This is a slow method that leaves room for a lot of mistakes.
- If you opt for this method, you’ll have to endure longer processing times than those who use electronic filing methods.
4. Additional Fees
Specimen Fee: In cases where the application for a trademark is based on how the trademark will be used, evidence of its use in commerce has to be provided, for example, a photograph of the trademark in use. There is no additional charge for the specimen submission, however, there are circumstances whereby if the specimen does not conform to the required standard by the US Patent and Trademark Office, those applying may incur other expenses associated with rejection.
Renewal Fees: A trademark does not last indefinitely. It is to be renewed from time to time. The first maintenance filing is made between the 5th and 6th year from the date of registration and the fee charged is $225 per class. The next filings are made every ten years and there is also a fee charge for it.
International Trademark Application System (Madrid Protocol): If you are looking to expand your trademark protection to other countries, an international application through the Madrid Protocol can be filed. It comes with higher fees which vary from one country to another. The application filing fee for the Madrid application ranges from $100 to about $800 depending on how many countries the applicant wishes to register with.
5. Costs of hiring a lawyer
However, it is not a legal requirement to employ one, it is however recommended to ensure that the requisite trademark application is also properly filed. The attorney will assist you with a trademark search, ensure that the business name in focus can be rendered private, write an account of goods and services that are to be offered, and all other legal procedures involved in applying.
Cost: It can be from a few hundred to several thousand dollars depending on the complexity of your case and how much the attorney charges. In most cases, the services of a trademark attorney regarding a basic application may cost between $500 and $2000 at most and it will depend on how experienced the attorney is, as well as the particulars surrounding the trademark of the client.
6. Other Considerations
Trademark Application Additional Costs: A trademark application requires an accompanying business name. Conducting a trademark search is prudent to establish that the business name sought is not in common use by others.
The individual can search for the use of the USPTO Trademark Electronic Search System known as TESS. Many businesses, however, prefer to utilize a lawyer or third-party service to enable them to conduct a more professional search. Such moves may entail extra costs.
Opposition And Appeal Fees: If a person files an opposition to a Trademark Application that has been submitted, there may be chances of additional legal costs incurred. In most instances, if it ever reaches that stage, the opposition proceedings are invariably protracted and expensive and will likely require one to engage a lawyer.
Conclusion
The initial registrar cost to trademark a business name to USPTO lies within $250–$350 in respect of every class of goods and services being applied for but, there are also other expenses involved in seeking and maintaining trademarks, such as attorneys’ fees, specimen fees, and research fees which could culminate in very high costs.
It is reverse order where electronic filing should be made using TEAS Plus or TEAS Standard which is essentially the most economical way of safely filing a business name while paper filing should be left for this option being the last.
Nevertheless, businesses with specific requirements need to use attorney help for trademark registration for a reasonable extra cost.
Nabin Adhikari
