- Hi everyone.
I'm Attorney Aiden Durham with 180 Law Co. in Colorado.
And you're watching "All Up In Yo' Business".
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On this episode of "All Up In Yo' Business",
we're gonna talk about how much it costs
to register a trademark
with the United States Patent and Trademark Office
or USPTO.
But first,
don't forget to like, subscribe and share
and check the description
for links to additional information and resources.
All right, so it's no secret
that probably the best way to protect your business's brand,
like its name or logo,
is with a registered trademark.
Registering a trademark with the USPTO
is really the best way to secure
whatever brand element you have,
your business name, logo and other trademarks.
So if you've decided to go that route,
how much should you expect to pay for it?
Now if you're not new to my channel,
if you've seen some of my videos before,
you can probably guess the short answer to this question.
Come on everybody,
I know you know what I'm about to say.
Let's say it together.
It depends.
It always depends.
Everything always depends.
So the cost to file a trademark application
and get your trademark registered
is gonna depend on a few different factors.
And of course, it also depends on
if you're doing it yourself versus working with an attorney
or having somebody help you.
I'm gonna start off by just talking about fees involved,
the USPCTO's fees.
So if you're filing the application on your own,
what are the actual costs and fees
associated with the application?
I'll touch on lawyer fees
and how much those might cost
that towards the end of the video.
So the first thing it's gonna depend on
is which application you use.
If you file the TEAS Plus application
versus the TEAS Standard application,
the fees are gonna be different.
Now you can check back to one of my older videos
where I talk about the differences
between TEAS Plus and TEAS Standard.
I'll link to that in the description.
I go into a lot more detail about what the differences are.
But the initial difference is the filing fee.
So for the TEAS Plus application,
it's gonna be 250 bucks per class of goods and services.
For the TEAS Standard application,
it's gonna be 350 per class of goods and services.
So what do I mean when I say per class?
On the application,
we have to identify the goods and or services
with which we are using the trademark.
What is it that we're selling with this trademark?
We have to let the USPTO know.
There are different classes, different categories
to an extent of goods and services.
I think maybe 45,
something in the forties,
around 45 different classes.
And sometimes we need file in multiple classes
if we're selling multiple types of goods and services.
And so that filing fee,
whether it's 250 or 350,
is going to be per class.
So let's assume we're just filing
in one class of goods and services,
and we're using that TEAS Plus application,
it's gonna be a one-time fee of 250 bucks
to file the application.
Now this TEAS Plus application,
there are some requirements that go along with it,
certain requirements that we have to meet
in order to benefit from that reduced fee
with the TEAS Plus application.
Again, check back to that other video
where I go into more detail
about what those requirements are.
But if we fail to meet all those requirements,
if we submit the application
and it turns out we didn't meet all the requirements,
they're gonna want their money.
They're gonna want that extra a hundred bucks.
So if we file the TEAS Plus application,
but we're missing one of those requirements,
there's gonna be an additional hundred dollars per class fee
that will be due to the USPTO.
So that's the first difference,
are we using a TEAS Plus or the TEAS Standard application?
The second difference has to do with the filing basis.
So again, when we submit the application,
we have to let the USPTO know
if we are filing on a 1(a) current use basis
or a 1(b) intent-to-use basis.
Current use is kind of what it sounds like.
It means we are currently using the trademark in commerce
in connection with our goods and services.
Our goods and services are available for people to purchase,
and we are using our trademark
in connection with those goods and services
currently as of the date that we file the application.
Or we can file on a 1(b) intent-to-use
which, again, is what it sounds like.
We're not currently using the trademark,
but we intend to use it.
So with that 1(b) intent-to-use filing basis,
at some point later on after we file the application,
after an examining attorney has been assigned,
after the examining attorney
has looked over the application,
after they've done their search to make sure
there are no confusingly similar trademarks already,
the examining attorney is gonna issue a notice of allowance.
And once we get this notice of allowance,
we have six months to file a statement of use
showing that we are now using the trademark in commerce,
or we can request a six-month extension.
And we can continue requesting extensions
for up to about three years.
So with that 1(b) intent-to-use application,
we have to file a statement of use
and or request extensions at some point in the process.
And there are gonna be filing fees associated with that.
So with the statement of use,
it's $100 per class filing fee
to file a statement of use.
If we are not ready to file a statement of use,
and we need to request an extension,
it's $125 per class for that extension request.
Those fees don't apply
if we are filing on a current use 1(a) basis,
because we're basically already giving them
the statement of use when we submit the application,
so we don't have that additional filing later on,
therefore, we don't have that additional filing fee.
So looking at all that,
if we're trying to keep our fees as low as possible,
we wanna use the TEAS Plus application,
and we wanna file on a 1(a) current use basis.
Otherwise, with the 1(b) intent-to-use basis,
we're gonna have those filing fees,
100 or 125 per class for the statement of use
or the extension request.
For most people, most applicants,
that's gonna be it.
Of course, there are situations
where additional fees might come up.
Sometimes we need to divide an application,
kind of split it into two.
Sometimes we'll have to deal with an opposition proceeding,
which means we're dealing with the TTAB
or Trademark Trial and Appeal Board.
And there are gonna be fees
associated with that kind of an issue.
So, you know,
it's not always the case that these are the only fees.
There are certainly instances
where other filing fees can come up.
But, you know,
the majority of instances for most people,
it's just gonna be that initial filing fee
and then potentially those filing fees
for the statement of use or extension requests
if we file on a 1(b) basis.
So great,
the application has gone through,
and our trademark is registered.
Are there gonna be other fees?
Yes, of course there are.
What are they gonna be?
Of course, it depends.
But so after the trademark is registered,
a few years after it's registered,
I think five years,
maybe it's four years,
we'll just say four to five years
after the trademark's registered,
we have to renew it basically.
A trademark can stay registered forever potentially.
As long as we are continuing to use the trademark,
and we keep the trademark registration good,
we keep these maintenance filings up to date,
the trademark can remain registered forever.
But we have to make sure we file these things
called declarations.
There are different types of declarations that we can file.
And again, it kind of depends on the timing.
We have to file a first one,
then that four to five year time span.
And then we have to file a second declaration
about four or five years after that.
And then we have to keep filing them
every 10 years thereafter
as long as we wanna keep the trademark registration active.
And so depending on the type of declaration
that we're filing,
those fees are gonna range from about 300 per class
up to about 500 per class.
So there are those additional fees.
But they come up,
you know, later on,
after the trademark's already been registered.
So all in all,
at a bare minimum,
the absolute least you can expect to pay
to file a trademark application
and get a trademark registration
is gonna be $250,
assuming we're doing it on a 1(a) current use basis
and using that TEAS Plus application,
it's gonna be at a bare minimum, 250.
Now, of course,
this is assuming you're doing it yourself.
With all things having to do with the law
and especially trademark registration,
I always recommend working with an attorney,
because it looks kind of simple from the outside,
but the trademark registration process
is actually pretty complex.
So of course, it's always best
to have an attorney help you with the process.
So what might we expect to pay
if we wanna work with an attorney?
Again,
you guys say it with me,
it depends.
Trademark attorneys,
attorneys in general,
our fees vary a lot.
Some are gonna be a lot cheaper.
Some are gonna be way more expensive.
But instead,
I don't want you guys focusing
just on the fee of the attorney,
not just what are they charging,
but we wanna know what are we actually getting
for what we pay this attorney.
Not all trademark attorneys provide the same service.
One trademark attorney might charge a few hundred bucks,
whereas some others might charge a few thousand bucks.
But what are you actually getting
for that lawyer who pay,
who charges a few hundred?
Are you getting the same thing
as the lawyer who charges a few thousand?
Typically not.
Sometimes if the fee for the lawyer is on the lower end,
you might have additional fees that may be owed later on.
Let's say if the USPTO issues an office action
against your application,
the attorney might charge more
to respond to those office actions.
I'll tell you guys about what I charge.
So I have an all-inclusive trademark registration package
called Brand Bombshell.
All-inclusive means it includes
every step of the application process.
So we start with a thorough clearance search beforehand
to make sure the trademark's even available
for you to use and register.
Because if it's not,
then why are we even bothering with this application?
Anyway, we'll start with the clearance search.
Then we have a strategy session
to talk about the clearance search,
talk about maybe we need to strategize
with regards to those goods or services.
Sometimes we need to be a little creative with that,
depending on what the clearance search shows us.
And then once that strategy session is done,
we make sure we have all the details correct.
And then we file the application of course.
Most applicants,
most trademark application,
in a lot of circumstances,
are gonna receive some kind of an office action.
It's pretty common.
When that happens,
we respond to the office action,
and there's no additional charge.
So that's all included.
Every step of the process
from search to registration and sending you the certificate
is included in my fee
which is 2,900.
So I'm probably somewhere on the higher end
of my service costs.
But it's because I include every step of the process
versus other attorneys who may charge less,
but if that office action comes up,
there you're gonna have to fork up some additional money
if you want them to respond to the office action.
So of course,
it always depends on what exactly you're getting
for the costs.
It might depend on the location.
Attorneys in bigger cities might charge more
than an attorney would in a smaller town.
It might also depend on the law firm.
A large national law firm
is typically gonna charge more than,
you know, small office or solo attorney like myself.
And then of course,
there are options that are kind of in the middle
of doing it yourself and working with an attorney.
I offer an online DIY course called BRANDISH
where I walk you through step-by-step
how to prepare for and complete and submit
the trademark application with the USPTO.
So if you're not quite ready to work with an attorney,
if you can't afford to work with an attorney,
something like BRANDISH might be a good option.
So you're keeping your costs low,
but you're still getting some,
you know, hand-holding,
a little help from yours truly with the application process.
That's all for this episode, folks.
Drop a comment below,
let me know what you think.
And again, don't forget to check the description
for links to additional information and resources.
You can learn more about my trademark services
or BRANDISH, my DIY trademark course in the description.
I'll have links to both of those.
Thank you all so much for watching.
I'm Aiden Durham,
and I'll see you next time.
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