How Much Will It Cost to Register My Trademark? – Part One
Crystal Broughan, Intellectual Property Attorney Nov 2, 2017 in Intellectual Property
The most common question I hear from potential clients is, “How much will it cost to register my trademark?”
Since there are many variables that come into play when registering a trademark, there is no set answer. In this three-part blog series, I will share the issues that need to be considered before an estimated price can be provided.
This first post covers the initial, basic questions that you will need to answer.
Are you currently using the trademark in commerce? If so, for how long?
This will determine if you file an intent-to-use trademark application or an in-use trademark application.
If you file an intent-to use trademark application, there are additional costs associated with filing a Statement of Use or a Request for Extension of Time to file a Statement of Use.
Are you aware of anyone else using the same or a similar trademark to sell the same goods and services?
If so, you will encounter more expense in the long run, because there is a good chance there will be a challenge to your trademark application or registration.
Have you conducted a thorough trademark search?
This is an important step to ensure no one else is using the trademark in commerce for the same goods and services that you are selling.
A thorough trademark search should include the USPTO database, all states trademark registrations, domain names, registered foreign trademarks, Google, and other search engines for common law trademarks that have not been registered.
If you discover that someone else is using the same or a similar trademark in commerce to sell the same or similar goods and services as you, you should seriously consider changing your trademark to something different. This could save you money in the long run.
What is your trademark? A simple word mark? A stylized word mark? A design/logo with words? Or a design/logo without words?
If your trademark consists of a design/logo with words, you have to decide if you want to register the words separately from the design/logo.
You need to consider how you are using the trademark. Do you use the design/logo without the words and words without the design/logo?
You may need to file trademark applications for each variation of the trademark that you are using in commerce.
What products and/or services are you providing?
You may need to file trademark applications in more than one class of goods and services.
For example, if you are opening a coffee shop that also sells food and coffee accessories, you could register in many different classes (e.g., Class 43 for coffee shop, Class 30 for coffee, Class 11 for coffee roasters, Class 21 for coffee mugs, scoops).
In part two of the blog series, I will cover questions related to where you want to do business and where you want to file a trademark application.Share