How much does a trademark lawyer cost?
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How Much Does a Trademark Lawyer Cost?

Planning to apply for a federal trademark for your business?  Most companies will hire a trademark lawyer.  But how much does a trademark lawyer cost?  Is a trademark lawyer worth the expense?

  • Trademark lawyers often charge a flat rate for the basic trademark application services.  This could cover preparing the application, checking for trademark matches, giving advice, and creating a digitized version of the trademarked image. Usually, this fee can range from $1000 – $2500.
  • This flat fee doesn’t include additional services that may be required, such as settling a dispute after the application is submitted.  For additional services, an attorney may charge $300-$400 per hour.  If your trademark lawyer does charge a flat fee, be sure to pin down exactly what services are covered, so there’s no confusion.

Application Fees

How much does a trademark lawyer cost?
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Now that you have a general answer to the question, “How much does a trademark lawyer cost?” you should know about the other costs attached to this process. Filing with the USPTO comes with some fees.

  • The initial filing fee is $275. This fee applies to every “class” of product that the trademark will cover.

For example, if you have a leather goods company that makes luggage, furniture, and coats, you could file under 3 different classes.  (Class 18 – leather products, class 25 – clothing and apparel, and class 20 – furniture.) Therefore, filing for three classes will cost a total of $825.

  • If you haven’t sold any goods or services under your trademark yet, you are also required to file a “statement of use” after you have begun to use the mark in interstate commerce. The statement of use fee is $100 per class.

Is a Trademark Lawyer Worth the Expense?

If you own a small business, you may be tempted to save money and apply on your own.  To do that, you can fill out the USPTO online application, or use one of the discount services available online.

The do-it-yourself method, however, will often cost you more time and money in the end.  In fact, the USPTO strongly recommends that all applications be handled by an expert to avoid costly delays.

The Benefits of a Trademark Lawyer

How much does a trademark lawyer cost?
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While you may be more preoccupied with your question, “How much does a trademark lawyer cost?” it’s important to consider the difference between cost and value.

The USPTO rejects more than 50 percent of trademark applications.  A trademark lawyer can help you be on the successful side of that statistic, making them a valuable investment for your business.

The advantages of hiring an attorney to handle your trademark application far outweigh the costs.  Here’s why a trademark lawyer is worth the money:

  • The USPTO trademark online appplication may be accessible, but the language is not.  The USPTO website is full of confusing legal jargon.  A lawyer can help you sift through the difficult language.  Most imporatantly, a lawyer will help you avoid mistakes that may cause your application to be rejected.
  • A trademark lawyer will search for exact, similar, and competing trademarks from other businesses.
    Discount legal services search for other trademarks like yours, but they’ll only flag an exact match.
    Not only will a trademark lawyer search for exact matches, they will also search for similar trademarks that could slow down your approval process, or even put you at risk of creating a likelihood of confusion.
  • Trademark lawyers are great consultants. They can suggest changes or adjustments to make your trademark stronger and more likely to be accepted.
  • Your trademark will represent your product or service. This isn’t the time to cut corners.

It is essential that your trademark application is handled properly, with the least number of problems or delays possible.  An expert who is familiar with trademark laws will save you time and trouble.

What If I Don’t Use a Trademark Lawyer?

How much does a trademark lawyer cost?
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While it’s smart to carefully consider the expense of hiring a trademark lawyer, you should also weigh the cost of going it alone.

You risk a rejected application

The USPTO may reject your trademark application for lots of reasons.  Your trademark may be similar to another product that already exists.  A company may dispute your right to the trademark.  Or the USPTO could say your product name or marketing phrase is “too general” to trademark.

When the USPTO rejects an application, they issue an “office action.”  You then have only six months to hire a lawyer, pinpoint and correct the problems, and respond.

You may have to hire a lawyer anyway after a rejection or dispute

If the USPTO rejects your application, or  another company disputes your trademark, you may have to hire a lawyer to handle your trademark case.

Since your business has already paid the filing fees and (perhaps) a fee to a discount legal service, in the end your company will end up spending more than if you had hired a trademark lawyer from the beginning.

Conclusion

The benefits of hiring a trademark lawyer outweigh the expense. Because of this, hiring an attorney is the most cost-effective path you can choose. You want to make sure that you have all the details in your company’s trademark application covered.  A trademark lawyer will work to set your application on the road to approval.

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