The impossible question . . . how much for a house, car, or trademark?
This cannot be answered accurately without lots more information. While you’d know where to start with the house or the car, you may not know what information to provide a trademark attorney to get a realistic estimate for your situation. Multiple variables determine “how much a trademark will cost,” and we’re gonna take a look at what those are after we go over some other basics.
First, I should say that “how much a trademark will cost” means the total amount of fees and costs associated with searching, clearing, and federally registering a trademark. Let’s go over a couple key background points before getting into the nitty gritty of trademark fees (skip down to Finally to Fees if you want).
Why Register?
Trademarks are brands. Brands symbolize the relationship between your organization and its stakeholders (those whom your business effects, and upon whom your success depends). Trademark registration is brand protection. Brand protection best enables you to prevent others from unfairly riding your brand’s coattails (yes, brands have coattails) or otherwise unfairly competing with your brand. Registration provides nationwide rights and after 5 years those rights become incontestable. Take that, would-be-challengers!!
Why Search First?
Even before we register, first we need to conduct a trademark search. What is it that we are searching for? We are searching for potential problems. Why on earth would we go searching for problems? Well, we do that so we can avoid them! Since willful ignorance (not knowing by not searching) is not an option, we perform due diligence searches to ensure a mark is available before a client uses, expands, or registers the mark, depending on the circumstances (see some variables, creeping in already).
As a general rule, trademark rights belong to the first one to use the mark in interstate commerce. We call that brand owner the “prior” or “senior” user. The prior user gets to prevent all others from using the same or a similar mark for goods or services that are identical or similar to those offered by the prior user. We search to ensure that there are no Prior users out there to prevent our clients from using/expanding/registering their marks.
PKO Searches
Preliminary, Knock-Out (PKO) searches are quick & dirty searches conducted on the PTO database and multiple search engines, like BING® and GOOGLE®. Their purpose is to “knock out” any proposed marks that clearly are unavailable.
FULL Outside Searches
Full outside searches are comprehensive searches performed by a professional search company. Their purpose is to provide a view of the entire landscape of even vaguely similar marks for related and not-so-related services. FULL searches are a wise move for all new marks (fewer than 5 years’ use). While costly, FULL searches are much less expensive, distracting & embarrassing, than re-branding midstream. Trust me.
Finally to Fees
Search Fees
Most attorneys conduct and review searches at their hourly rate (mine is $300). Search companies charge around $650 for a basic search (of a few closely related goods or services). It usually takes a few hours for an attorney to review a search report and write and opinion letter. Given all that, the starting point for searching and clearing a mark is around $1,700 ($300 PKO Search, $650 Search Report, $750 Opinion Letter).
PTO Filing Fees
For most applications, the PTO charges $325.00 filing fee per International Class.
Attorneys’ Fees
Some attorneys conduct trademark prosecution work on an hourly rate basis, while others, like myself, charge on a flat fee basis. I charge flat fees per action that occurs in a trademark application:
- Application filing
- Office Actions & Examiner’s Amendments: PTO correspondence about the app
- Publication: window for others to challenge your application
- Notice of Allowance (ITU only): Governs clock for submitting evidence
- Notice of Approval/Acceptance (ITU only): of evidence or extensions
- Registration
Hence, my flat fee to file an application in a single Class starts at $1,000, including all work from application to registration. But then, there’s those variables I mentioned before . . . .
Variables, oh the Variables
The following variables determine “how much a trademark will cost”
- What is the mark (words, design, words & design, sound, etc.)
- Are there variations of the mark, or is its use consistent?
- Is the mark in use (YES!)
- How long has the mark been in use?
- Was the mark searched before adoption?
- Were any similar marks found in any pre-adoption searches?
- With what goods & services is the mark in use?
- If the mark is used for multiple offerings, how closely related are those offerings?
- Do you have suitable evidence of use (evidence that the PTO will accept)?
- Is the mark in use (NO)
- On what goods & services will the mark be used?
- Has the mark been searched?
- Were any similar marks found in any pre-adoption searches?
- Will you order searches
- PKO or FULL?
- Will you have an attorney write an opinion letter regarding the search results?
- What’s in the search report?
- When do you plan to put the mark into use?
- When will you have good evidence of use?
- Is the mark in use (YES on some things, NO on others)
- On what goods & services is/will the mark be used?
- Has the mark been searched for all goods & services
- Were any similar marks found in any pre-adoption searches?
- Will you order additional searches
- PKO or FULL
- Will you have an attorney write an opinion letter regarding the search results?
- What’s in the search report?
- When do you plan to put the mark into use?
- When will you have good evidence of use?
Hopefully now you see the complexity in answering the question, “How much does a trademark cost?.” It sure seems simple, but it’s really an impossible question to answer without more information. Beware of anyone who quotes you a flat fee without asking any questions, as it’s likely they aren’t giving you the whole story, which means you’ll probably need to fork out extra cash to get the job done.
If you’d like to chat about your situation, I offer initial consultations at my hourly rate of $300. I credit this fee back to you upon retention, or keep it if you decide not to proceed together. This ensures that my time is honored while offering new clients a discount.