How much does it cost to receive a
U.S. Trademark Registration? Here is what you need to know about the costs involved in registering a trademark in the U.S.
The ETEAS and ETEAS PLUS Systems
The
United States Patent and Trademark Office (“USPTO”) charges either $275
or $325 per class of goods or services to file an application for a
U.S. Trademark Registration. Whether the cost per class is $275 or
$325 depends upon system the applicant uses at the USPTO.
The
traditional filing system, known as the TEAS system, permits applicants
to write their own identification of goods or recitation of services
with which they wish their trademark to be registered. For instance,
Nike would seek registration for a trademark using an identification of
goods such as “athletic shoes” in International Class 25. If Nike
writes their own identification of goods using the TEAS system the cost
is $325 per class of goods or services in which the application is
filed.
We’ll explain below what “per class” means.
As
an alternative to the traditional system, in recent years the USPTO
initiated a new system known as the TEAS PLUS system. The TEAS PLUS
system is designed to both reduce the cost of the trademark process
while speeding up the registration process. In this regard, provided
that applicants meet certain specific criteria and use only
identifications of goods or recitations of services from a pre-approved
list the cost to register their marks is reduced from $325 to $275 per
class of goods or services.
Accordingly, the base price
to apply to register a trademark with the USPTO is either $325 or $275
depending upon which system is used.
U.S. Filing Fees Are Per Class
Next,
applicants should understand that the USPTO’s filing fees are per
class. U.S. Trademark Registrations are goods or services specific.
This means that when you seek a U.S. Trademark Registration you must
specify the goods or services with which the trademark is, or will be,
used.
For instance, Nike undoubtedly owns registrations
for NIKE in Class 25 for running shoes whereas McDonalds retains
registrations in Class 42 or 43 for restaurants.
There
are currently 45 classes of goods and services recognized by the USPTO.
Goods and services are defined into these 45 specific classes to both
create certainty for the USPTO in regard to the goods or services for
which specific Trademark Registrations will apply but also to allow for
greater uniformity among international trademark offices of various
countries as the world moves toward a unified global system of trademark
protection.
As such, an application by a music band
who also intends to sell CDs of their music would apply to register a
mark in two classes:
Class 9: Pre-recorded music CDs.
Class 41: Live performances by a music band.
If
they file using the TEAS system, their total filing fees would be $650
(2 classes x $325 per class). In the alternative, if they are able to
use the TEAS PLUS system their filing fees would be reduced to $550 (2
classes x $275 per class).
As such, prospective
applicants must be savvy in regard to not only the system which they use
but also the classification system and how many classes their requested
application may fall into to understand the true cost of the U.S.
Trademark Registration for which they seek.
The Distinction Between Use and Intent-to-Use Applications
Next,
if your trademark is in use at the time of filing the application
should be filed as a use-based application under what is known as
Section 1(a). However, if the trademark is not in use as of the date of
filing it is required to be filed as an intent-to-use application
under Section 1(b). If it is filed as an intent-to-use mark, additional
fees will apply in order to get the mark registered.
In
short, should the USPTO deem the application worthy of registration
rather than receiving a Certificate of Registration like a use-based
application, an intent-to-use application receives what is known as a
Notice of Allowance.
The Notice of Allowance is akin to
a permission slip which allows the applicant to complete the
registration process and receive its Certificate of Registration upon
filing what is known as a Statement of Use. This subsequent filing,
however, requires an additional charge of $100 per class of goods and
services.
Accordingly, if you have a 2-class
intent-to-use application filed under the TEAS system the fees to
register the mark would look something like this:
Application Fee = $650 (2 x $325);
Statement of Use Fee = $200 (2 x $100);
Total Fees to Register a 2-Class Intent-to-Use Application = $850.
But
it does not end here. We mentioned above that to file the Statement of
Use costs $100 per class. Of note, from the date of the Notice of
Allowance an applicant has only 6 months to file their Statement of Use
establishing use of the mark. If the mark is yet to be in use by this
date an applicant may file for an extension of time in which to file
their Statement of Use. An extension of time to file the Statement of
Use costs $150 per class. An applicant may file up to 5 extension
requests per mark or may extend the due date of the Statement of Use for
up to 2 and one half years (5 x 6 months) following the conclusion of
the initial Notice of Allowance Period.
So let’s look
back at our example above changing the situation slightly to reflect a
need to file the Statement of Use 8 months after receiving the Notice of
Allowance. Recall, this would require one extension of time to file
the Statement of Use as an applicant is only permitted 6 months to file
the same following receipt of the Notice of Allowance. Under that
scenario the same would look something like this:
Application Fee = $650 (2 x $325);
Extension of Time in Which to File Statement of Use = $300 (2 x $150);
Statement of Use Fee = $200 (2 x $100);
Total Fees to Register a 2-Class Intent-to-Use
Application with One Extension of Time = $1150.
As you can see, the base price to apply for a U.S.
Trademark Registration
can vary widely depending upon the (1) USPTO system used, (2) the
number of classes for which the application is made, (3) whether the
application is use-based or an intent-to-use, and (4) whether, if an
intent-to-use, an extensions of time are required prior to filing the
Statement of Use.
Law Firms and Filing Services
Lastly,
we would be remiss if we did not mention the cost of assistance in the
trademark filing process. The cost to have a law firm and/or filing
service file for a trademark on your behalf typically ranges from $149
to well over $3000 depending upon the size of the firm or company and
the level of experience they retain in the trademark arena.
The
obvious expense to using a law firm or filing service is the additional
costs involved in employing the same. The benefits, however, typically
far outweigh the burden of the costs insofar as a skilled firm can not
only reduce or minimize the costs involved as referenced above but also
retain invaluable experience in what can be a complex system to garner a
U.S. Trademark Registration.
Often the cost of the
legal services are fully offset by the firm or company’s ability to have
an applicant’s application filed in the TEAS PLUS system versus the
TEAS system, reducing the number of classes filed for, and even working
with the applicant to determine whether an application may be filed as a
use-based application versus an intent-to-use or otherwise.
Moreover,
as the USPTO’s filing fees are non-refundable most consumers prefer the
added confidence of knowing that their application is being prepared
and prosecuted by a seasoned professional.
Summary
In
conclusion, there is much to know about the costs involved in filing
for a trademark. Whether it is that the costs involved are dependent
upon the filing system used, the number of classes filed for, or whether
the application is filed once use has begun or not will all affect the
price of your trademark application. Additionally, most consumers
prefer to rely upon the experience of seasoned professional to sort
through the filing costs, reduce filing fees whenever possible, and
advise them as to the availability of their mark prior to incurring
non-refundable filing fees.
Without assistance, the
cost for a U.S. Trademark Registration can be as low as $275 for a
one-class mark filed using the TEAS PLUS system. However, if the
applicant does not satisfy all of the requirements of the TEAS PLUS
system additional fees will apply.
In the
alternative, applicants may seek to assistance from an experienced law
firm to assist in the registration process. In that case they should
expect the lowest cost to be in the nature of
$424 for a One-Class Mark filed using the TEAS PLUS system ($275 for the USPTO filing fee, $149 for the law firm’s services).
TheTrademarkCompany.com
