The cost of submitting a trademark application varies based on how you want to utilize your mark. Find out how much it will cost to register your trademark here.
What you’ll discover:
What are the registration costs?
What exactly are Statement of Use fees?
Are there any costs due after registering?
It’s smart business to register your brand name with the United States Patent and Trademark Office (USPTO). The advantages of registering your trademark are apparent, including national trademark protection, faster access to federal courts, and a presumption that your brand is genuine. But, you may be concerned about the expense of obtaining a trademark. Is it going to be costly? Is it possible to estimate the cost of the trademark process? Continue reading to find out what to anticipate in terms of trademark registration costs.
What are the registration costs?
All trademark registration applications must be filed online, according to the USPTO. Trademark applications are submitted using the USPTO’s Trademark Electronic Application System (TEAS).
TEAS has two filing options: TEAS Standard and TEAS Plus. There are some significant distinctions between these two alternatives. The filing fee for TEAS Standard is greater than that of TEAS Plus ($350 for the former vs. $250 for the latter). For goods and services, the TEAS Standard option lets you to utilize a free-form class description, but the TEAS Plus option confines your class description to a pre-approved USPTO list. Lastly, TEAS Plus imposes a $100 deficiency penalty if specific requirements are not satisfied.
If you want to register your trademark or service mark in several classes, increase the USPTO fee by the number of classes in which you intend to register. These expenses are often incurred just once – at the time of submitting the application. Nevertheless, there may be additional fees for submitting a statement of use, amending the filing basis, post-registration maintenance filings, or other adjustments. These expenses are distinct from any legal fees you may have to pay.
What exactly are Statement of Use fees?
Additional charges depend on how you utilize the trademark after the application is submitted. If you first filed with the aim to use the trademark in the future, and your initial application is approved, you may expect to get a Notice of Allowance (NOA). This begins a six-month period in which you must submit a Statement of Use (SOU) stating that you have really began to use your trademarked term for the products and services listed in your application.
Together with the SOU, you must also submit an example (called a specimen). The SOU USPTO charge is $100 per class. You have six months from the date of the NOA’s issuance date to submit the specimen or seek an extension. To submit a SOU, you may request a six-month extension. Each extension request costs $125 per class, and you may make up to five requests. Additionally, while filing an extension request, you must certify that you have a genuine purpose to utilize the mark in the future.
Are there any costs due after registering?
When you register your trademark, you must file a series of maintenance filings with the USPTO at regular intervals to keep the registration active. Filings are typically required between the fifth and sixth years after registration, followed by the ninth and tenth years, and then every ten years thereafter. In general, filings need an assurance that the mark is still in use for all of the products or services included in the application. If the scope of use has changed, you may amend or remove items or services that are no longer associated with the mark.
Crucially, after five years of continuous use of your mark after registration, you may file a declaration of incontestability, which is a significant milestone in strengthening your trademark rights. Incontestability establishes your ownership of the mark and your exclusive right to use it for the products or services specified in the application. In many infringement actions, incontestability is a major disincentive, making it far more difficult to challenge a trademark.
Fees for submitting post-registration maintenance filings sometimes fluctuate, so it’s advisable to check the USPTO fee schedule for the most up-to-date list. Several of the submissions may be consolidated to save resources and review time at the USPTO. The incontestability file, for example, may be paired with the fifth year filing.
