Below is some general information about trademarks. Some aspects may not apply to your situation.
Complete Pricing
Trademark Registration, Complete Pricing
| Service | Fee |
|---|---|
| Flat attorney fee (search + application + filing) | $600 |
| Filing & processing fee (per class) | $400 |
| Total, single class | $1,000 |
| Each additional class (filing & processing fee) | $400 |
| Follow-up search (if first search isn't clean) | $300 |
| Statement of use — intent-to-use filings | $100 attorney fee + $150 per class |
| Office Action response | $300–$500 |
| Substantive likelihood-of-confusion response | $1,500 |
| Renewal (Sections 8/9/15) | $300–$400 attorney fee + USPTO fees |
Please note: A preliminary assessment of a brand name cannot be provided without conducting a formal search. There is no reliable shortcut. An informal opinion on availability would not be worth relying on.
Wordmark vs. Logo: Why One Brand Is Often Two Trademarks
When a client provides a trademark that includes both a name and imagery, the USPTO classifies the wordmark and the logo as two separate trademarks. That means a separate search for the logo and a separate filing.
This is mentioned up front because the costs effectively double when there is a logo in addition to the wordmark.
If you have to choose: Protecting the name is usually the better option. Logos get redesigned. Names tend to stay put, and the name is usually what customers actually search for and remember.
In Use vs. Intent to Use
There are different standards for filing trademarks.
- One applies when the brand is already in commercial use.
- Another applies when the brand is not yet in active commercial use, but you plan to use it in the future.
If we file under the intent-to-use standard, the USPTO will request a specimen of your branded product roughly ten months after the initial filing. The USPTO charges $150 per class for this additional filing, plus a flat $100 attorney fee.
Office Actions
An office action is a refusal or objection issued by the USPTO examining attorney that must be answered. Office actions are billed separately from the search and filing. Most run $300–$500. A substantive likelihood-of-confusion response can cost up to $1,500.
Timeline
- Trademark search — allow up to one week
- Filing — normally within a day or two of the search coming back clean
- Statement of use request — roughly ten months after filing, for intent-to-use applications
Frequently Asked Questions
What does the $600 attorney fee cover?
It is a flat fee covering the trademark search, preparation of the application, and the filing itself. A separate filing and processing fee of $400 per class covers the USPTO's government filing fee plus the firm's cost of preparing and submitting it.
Why do I need two trademarks for one brand?
The USPTO treats a wordmark and a logo as two separate trademarks, each requiring its own search and its own filing. If you have to choose one, protecting the name is usually more valuable than protecting the logo.
Can I file a trademark before I start using the brand?
Yes. A trademark can be filed under the intent-to-use standard if the brand is not yet in commercial use. Roughly ten months after the initial filing, the USPTO will request a specimen showing the branded product in use. That additional filing carries a USPTO fee of $150 per class plus a flat $100 attorney fee.
How long does the trademark process take?
Allow up to a week for the trademark search. Filing normally happens within a day or two of the search coming back clean.
Can you tell me whether my brand name is available before a formal search?
No. A preliminary assessment of a brand name cannot be provided without conducting a formal search.
Michael Meyer is a USPTO-registered attorney handling trademark searches, applications, and office action responses. If you'd like to move forward, he can send over what's needed to get started.
You can start your application manually using "PENNY" our Intake Assistant at the bottom right hand portion of your screen, click on where it says "Questions? Ask Us"
— or call 402-321-7532.Warning & Disclaimer: The pages, articles, and comments on michaelmeyerlaw.com do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the personal opinions and views of the author as of the time of publication. Fees listed are current as of the date of publication and are subject to change; USPTO fees are set by the USPTO and may change independently.