Trademark Costs
When embarking on the journey to trademark your brand, understanding the various costs involved is crucial. Trademark costs can vary widely based on several factors, including the number of marks, the number of classes, and the filing options you choose. In this guide, we’ll break down these elements to help you navigate the complexities of trademark costs.
Need a quick reference? Check out the Trademark Costs Table below. Keep scrolling for specifics.
Trademark Costs Chart
Initial Trademark Application Costs | Fee amount |
Bas Application, per class | $350.00 |
Intent-to-Use Application Costs | Fee amount |
Amendment to allege use (AAU), per class | $150.00 |
Statement of use (SOU), per class | $150.00 |
Request for six-month extension, per class | $125.00 |
Post-Registration Costs | Fee amount |
§8 declaration, per class | $325.00 |
Combined §8 and §15 declarations, per class | $575.00 |
Combined §8 declaration and §9 renewals, per class | $650.00 |
§15 declaration, per class | $250.00 |
Trademark Costs Basics
Trademark costs are influenced by several key factors that determine the filing fee for an initial application.
Number of Marks: Each application can include only one mark. If you have multiple marks, you will need to file separate applications for each, each incurring its own filing fee.
Number of Classes: The fee is calculated per class of goods and/or services included in the application. For instance, if your mark is used on both handbags (Trademark Class 18) and t-shirts (Trademark Class 25), you must pay for two classes.
Application Filing Basis: There are filing basis choices that must be made – Use in Commerce or Intent-to-Use. More about these later.
The overall cost of obtaining a trademark varies based on the filing basis you select and the specific application form you use. Each option comes with its own set of requirements, impacting the total fee amount.
Base Application
Initial Trademark Application Costs | Fee amount |
Base Application, per class | $350.00 |
When applying for a trademark, you must include your name, address, and business type. If you’re an individual, provide your citizenship. If you’re a business, list the state or country where it was formed.
You’ll also need to select a valid filing basis, pay the required fee for each class of goods or services, and submit a signed and dated statement confirming your application’s accuracy. Your goods and services must be properly classified using the ID Manual in Trademark Center. Additional requirements may apply depending on your specific trademark and application details.
The USPTO now charges extra fees for incomplete applications or those that use custom descriptions of goods and services. These fees help ensure applications are more complete, making the review process faster and more efficient.
So, What Is a Filing Basis?
A “filing basis” is the foundation in the Trademark Act on which you file your trademark or service mark application with the United States Patent and Trademark Office (USPTO). You must include at least one filing basis in your application. Each basis has specific requirements that must be met before your trademark or service mark can move towards registration.
In your application, you can select from four possible basis options, though two of these are related to foreign filings.
Most applicants will choose one of the following two:
Use in Commerce Basis (Section 1(a)): This indicates that you are currently using your mark in commerce with your goods and/or services.
Want to read more about Use in Commerce Trademarks? Check out our post – Use in Commerce Trademark: The Process & Timeline
Intent-to-Use Basis (Section 1(b)): This indicates that you have a bona fide intention to use your mark in commerce with your goods and/or services in the near future.
Want to read more about Intent to Use Trademarks? Check out our post – Intent to Use Trademark: The Process & Timeline
Additional Fees for Intent-to-Use Applications
If you are filing under the Intent-to-Use (ITU) basis, here’s what you need to know:
You can file an ITU application if you have a genuine intention to use your mark in commerce in the future. Although you do not need to use your mark in commerce before filing, you must show actual use by submitting specific documents and paying additional fees within certain time frames before your mark can be registered.
Intent-to-Use Application Costs | Fee amount |
Amendment to allege use (AAU), per class | $150.00 |
Statement of use (SOU), per class | $150.00 |
Request for six-month extension for filing an SOU, per class | $125.00 |
To claim use in commerce, you must file either an Amendment to Allege Use or a Statement of Use, each costing $150 per class. These filings differ only in the timing of their submission.
If you need more time, you can request six-month extensions.
The first extension request must be filed within six months after the USPTO issues the Notice of Allowance (NOA). This request, which costs $125 per class, must include a verified statement of your continued intention to use the mark in commerce.
You have 36 months (3 years) from the NOA date to submit your Statement of Use. Up to four additional six-month extensions can be requested, each with a fee of $125 per class.
Abandoned Applications
If your application falls into abandoned status at any time during the registration process, you can revive it by paying a petition fee of $150.
What Are the Costs Once the Trademark Is Registered?
To maintain your trademark registration and ensure its validity, ongoing commercial use of your trademark is necessary. Additionally, regular filing of specific documents is required to demonstrate continued use.
Failure to meet these filing deadlines will result in the cancellation of your registration. Exceptions to the usage requirement are infrequent, underscoring the importance of timely renewal management.
After your trademark is registered, there are ongoing costs to maintain it:
Post-Registration Costs | Fee amount |
§8 declaration, per class | $325.00 |
Combined §8 and §15 declarations, per class | $575.00 |
Combined §8 declaration and §9 renewals, per class | $650.00 |
§15 declaration, per class | $250.00 |
- Declaration of Use after 5 Years (§8 declaration): $325 per class if filed before the grace period.
- Declaration of Use after 5 Years (§8 declaration) combined with Declaration of Incontestability (§15 declaration): $575 per class if filed before the grace period.
- Declaration of Use and Application for Renewal every 10 years (Combined §8 declaration and §9 renewal): $650 per class if filed before the grace period.
- Declaration of Incontestability (§15 declaration): $250 per class.
Want to read more about Trademark Renewals? Check out our post – Trademark Renewals: Keeping Your Trademark Alive and Thriving
Non-Refundable USPTO Fees
It’s important to note that USPTO fees are typically non-refundable.
As the USPTO states, “Fees paid are generally not refunded by the USPTO. Registration is not automatic and requires legal review by an examining attorney. Please take all necessary steps to ensure your mark is entitled to receive a trademark registration before filing an application.”
[The USPTO] strongly recommends you search for federally registered and pending trademarks that may conflict with yours before filing your federal trademark application.
The Importance of a Trademark Search
As the USPTO says, before filing a trademark application, conducting a comprehensive search is crucial.
However, the process can be complex and time-consuming, involving several key steps:
- Federal Trademark Search: Checking the USPTO database for registered and pending trademarks.
- State Trademark Search: Reviewing state trademark databases since many businesses only register at the state level.
- Common Law Search: Investigating unregistered trademarks through business directories, industry publications, and online platforms. Common-law rights arise from actual use in commerce, even without formal registration.
The search process isn’t just about finding identical marks but also identifying similar ones in sound, appearance, or meaning. Additionally, it requires consideration of related goods and services. They don’t have to be identical; they just need to be related in a way that might confuse consumers about the source.
Given the complexity and importance of a thorough search, it’s highly recommended to seek out a professional trademark search company. Experts, like TradeMark Express, can ensure that your search is comprehensive and accurate, significantly reducing the risk of future legal issues. By leveraging our expertise, you can have confidence that your trademark application stands the best chance of success.
Understanding these costs…
is essential for budgeting and planning your trademark registration and maintenance effectively. By knowing what to expect at each stage, you can ensure that your trademark remains protected and in good standing with the USPTO. For expert assistance in conducting a thorough trademark search and navigating the registration process, consider partnering with TradeMark Express today.
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