How Much Does it Cost to Trademark a Business Name?

As a small business owner, you may want to trademark your business name or logo to help protect your brand and ensure that other companies do not use it without permission. This can be done through the United States Patent and Trademark Office (USPTO), but there are several things to consider before beginning this process. For small business owners or individuals on the verge of starting a business, the cost of trademark registration and maintenance is usually one of the most important concerns.

In this article, we’ll go through the main phases of the trademark registration process and the associated expenses so you can get a better sense of how much it costs.

It doesn’t matter what the scale of your business is; the more you work to build and protect it, the higher the chances of its success and growth. Below are a few tips to follow that most public figures have practiced to nourish and protect their brand.

Trademark Overview

A trademark is a symbol, word, phrase, or design that identifies the source of goods or services. The ultimate goal of having a trademark is to prevent customers from being confused about the source of goods or services, which is important for protecting brands. For example, if you see a Nike swoosh product, you know it’s a product from the Nike company. Trademarks can also be used to identify a business name or logo.

There are multiple types of trademark protections that you can obtain in the United States. Generally, you acquire common law trademark protection as soon as you use a name or mark in commerce without having to go through any registration process. However, more advanced protection can be obtained through federal registration with the USPTO or state registration with a Secretary of State. Federal trademark registration has many advantages and is the focus here.

For instance, Fenty Beauty by Rihanna came years after Rihanna had established herself as a singer and an actress. Similarly, Oprah Winfrey hosts one of America’s most loved TV shows called The Oprah Winfrey Show. It’s been off the air for years, but Winfrey’s legacy continues. These celebrities didn’t start with branded names, but they took the time to develop them.

Trademark Filing Process

The trademark filing process consists of three main steps:

1. The first step is to conduct a trademark search where you can see whether or not your trademark is still available for registration in the United States. A basic USPTO database search costs nothing; however, a more comprehensive search may cost you around $100 or more.

2. The next step is applying for trademark registration on the USPTO website by using the Trademark Electronic Application System (TEAS). You have to enter several details in the application form, such as your contact information and the goods/services you are applying for your trademark registration. In addition, you are required to pay the federal filing fee upon form submission.

Under a USPTO rule change, the paper application is no longer an option effective Feb. 15, 2020.

3. The next step is to check the progress of your application as the USPTO examines it. If approved, the application will proceed to the publication phase. If it’s not approved, you’ll receive a non-final Office action explaining why it was rejected.

Once the USPTO registers your trademark, your trademark gains protection against infringement on a federal level and allows you to use the popular ® symbol with your mark.

Fees to Trademark a Business Name

The only fee you have to pay when filing your trademark application is the filing fee for the goods and services associated with your trademark. As per the USPTO website, the filing fee is $250 for each class of goods or services if you go with the ‘TEAS Plus’ filing option and $350 for each class of goods or services if you go with the ‘TEAS Standard’ filing option.

According to the USPTO guidelines, applicants can only file a single trademark in one class of goods or services using one application form. Therefore, you must file separate applications to register the same trademark for multiple classes of goods and services. So, for example, if you want to register your business name as a trademark, then you’ll have to file a separate application for each class of goods or services that it might apply to.

Additional Trademark Registration Costs

When filing your trademark application would have to choose the basis for filing your trademark. You will either have to choose ‘use in commerce’ or ‘intent-to-use’ based on whether you’re using your trademark in interstate commerce at the time of filing. Applications filed on a basis of ‘use in commerce’ mean that you’re currently using your mark in business. While applications filed on ‘intent-to-use’ imply that you have a bona fide intent to use your trademark in interstate commerce.

If you decide to file with the ‘use in commerce’ basis, you have to submit proof of first use within the last three months. No additional fee is required for this. On the other hand, if you file on an ‘intent-to-use’ basis, you will have to submit a Statement of Use within six months after the Notice of Allowance is issued to your application. When filing the Statement of Use, you will have to pay a fee of $100 per class of goods or services to the USPTO upon submission.

Costs to Keep Your Trademark Alive

Once you receive your registration for your trademark, several basic requirements must be met to keep it alive. For example, every five years after the registration date, you’re required to file a Declaration of Use proving the use of your mark in commerce along with specimens showing how your mark is being used. In addition, you’ll have to pay $225 per class of goods and services to the USPTO at the time of filing.

The USPTO also requires that you file a renewal application between the ninth and tenth year after your registration date. This allows you to keep your trademark alive for an additional ten years from its original registration date. You are required to pay $300 per class of goods or services to the USPTO when filing for renewal.

Cost of Hiring a Trademark Attorney

During the examination phase of your trademark application, there are chances that the examining attorney issues a non-final Office action against your trademark. This is when you are required to respond to the Office action within six months with all the amendments and/or legal issues put forward by the examining attorney.

For example, suppose the examining attorney requires you to revise the proof of use or counter the argument of the likelihood of confusion with another trademark. In that case, you might need a trademark attorney’s help. If you decide not to hire an attorney and fail to respond within six months or send a response that doesn’t resolve all issues the examining attorney raises, your application will be abandoned.

When hiring a trademark attorney, you can expect an average cost of between $500 and $2,000 to respond to an Office action.

Overall, it’s a better decision to hire a trademark lawyer to handle the trademark registration process from the start. While it’s possible to file a trademark application on your own, doing so can be time-consuming and cost you more in the long run.

If you’re looking to trademark your business name at a federal level, our team at TrademarkUnion can help file your trademark application with the USPTO. Visit our trademark registration page to learn more.