For a small business seeking growth in a saturated market like the US, safeguarding business assets such as equipment, land, and labor is crucial. Equally vital is extending this protection to the business’s Intellectual Property (IP), comprising the brand name, logo, and anything that distinguishes its goods and services. These IPs are safeguarded through trademark protection, requiring an application to be filed with the USPTO for registration. Learn more about US trademarks .
Exploring Trademark Protection in the USA
The trademarking process in the US involves several steps, beginning with a trademark search to ensure the absence of conflicts with existing registrations at USPTO. This search is a crucial part of the process, and it is strongly recommended that no applicant skips it. Typically, conducting a trademark search requires hiring a trademark attorney, which can cost upwards of $300. However, EasyFiling can handle the trademark search for you in a hassle-free and cost-effective manner.
The USPTO offers two levels of trademark registration:
- State Level –This pertains to trademark protection at the state level, a straightforward and cost-effective process. However, it’s important to note that the protection afforded to the trademark is confined to the state, resulting in limited coverage.
- Federal Level – This pertains to trademark protection on a federal level, necessitating a trademark application with the USPTO, which involves a complex and costly process. The level of protection afforded by this surpasses that of a state-level trademark. By registering a trademark with the USPTO, the trademark is safeguarded against unauthorized use and allows the company to use the ® symbol.
Each trademark application permits only one trademark, with individual application costs ranging from $250 to $350. The filing cost varies based on the required level of protection and the number of classes of goods and services. If the application involves more than one class of goods and services, a separate trademark application is necessary for each class.
This could potentially raise the overall cost due to the filing fee for each application. Additionally, it’s crucial to note that filing costs are non-refundable if the USPTO rejects the application. This underscores the importance of engaging an experienced attorney for the search and registration process.
For context, the USPTO offers 45 distinct classes of goods and services, each incurring a cost ranging from $250 to $350.
TEAS has two types of trademark filing applications, both of them carrying a different fee:
1. TEAS Plus – $250 per trademark class.
The TEAS Plus application process, the more affordable of the two, necessitates stricter adherence to application requirements (Trademark Rule 2.22). It also mandates that the applicant limit the application to the pre-approved trademark classes (These classes can be found in the Trademark ID Manual). USPTO stipulates that all TEAS Plus applicants must communicate exclusively via email.
2. TEAS Standard – $350 per trademark class.
More expensive than TEAS Plus, TEAS Standard permits applicants to skip selecting classes from pre-approved trademark categories. Furthermore, the requirements in this application are fewer than those in TEAS Plus, making TEAS Standard a faster process in comparison.
Opting for TEAS Plus offers the benefit of having the application fall under pre-approved trademark classes, significantly reducing the likelihood of application rejection.
EasyFiling offers the most cost-effective solution for filing a trademark application in the United States. Our services include trademark research, selection of trademark classes, preparation of the application and required documents, as well as monitoring the Examination, Publication, and Registration process by assigning a licensed trademark attorney in the United States.
Nabin Adhikari
