How much will a trademark attorney cost? For Federal trademarks, we are pleased to offer our services on a fixed fee basis. In particular, as explained in more detail at the end of this page, $1750 will be your entire out of pocket cost for most Federal Trademarks.
In particular, our fee is $1500 and covers 1) conducting a preliminary knockoutsearch on your mark as well as some related terms, 2) our written opinion regarding the likelihood of your obtaining a mark on your selected term, 3) if there is an issue with your selected trademark, our advice regarding alternative terms that are likely to be allowed by the Trademark Office, 4) our advice regarding whether you should file a mark pursuant to section 1(a) or 1(b) of the Trademark Act, 5) our advice regarding classifications and goods and service descriptions for your mark, 6) our preparation and filing of your trademark application, and 7) prosecution of your trademark application through either a) allowance, or b) a final rejection. This process gives you a very high chance of obtaining your trademark with a very high degree of certainty regarding your costs. In addition to our fee, the Trademark Office also charges fees. In particular, with regards to the initial filing, the Trademark Office presently charges either $250 or $350 per class, with the lower amount corresponding to use of an existing goods and services description, and the higher amount corresponding to use of a custom goods and services description. For most trademark applications, the U.S. Trademark Office’s fee is $250. A complete fee table for our trademark filing services is at the bottom of this page.
If you are considering a new Federal trademark registration, we can help you by conducting the required trademark search, which will serve to ensure that the term you are considering is likely clear of conflicting marks within the field of use that you seek to use the new mark. In addition, we can assist you in refining your mark to make it as strong as it can be. For example, the distinctiveness of a trademark can be measured in a number of different ways. A fanciful mark is considered more distinctive (and therefore stronger) than an arbitrary or suggestive mark. On the other hand, a suggestive mark is considerably stronger than a descriptive mark, as it is still considered to be “inherently distinctive.” The different types of mark distinctiveness are set forth below:
A fanciful mark is a completely made up word, image or design. For example, Peps, Kodak, and Xerox are examples of made up words without meaning prior to their adoption as a trademark. A fanciful mark will not be found in any dictionary prior to its use as a mark. Fanciful marks are considered to be the most distinctive trademarks, and are therefore afforded the greatest protection.
An arbitrary mark is an ordinary term, image or design that is used in a meaningless context. Apple is commonly used as an example of an arbitrary mark, in that Apple, while an ordinary word, has no relation at all to computers, software, music players, telephones, and the other equipment that Apple sells. On the other hand, if Apple decided to start selling apple sauce, the mark would likely be deemed generic. Arbitrary marks are also afforded very strong trademark protection.
A suggestive mark indicates the nature of a product or service it is associated with, or a quality or characteristic of the product or service it is associated with. For a mark to be suggestive, rather than descriptive, case law requires that the goods and services are only connected with the mark through an “imaginative leap.” For example, Scotch tape, 7-11, and Amtrak are considered examples of suggestive marks. Suggestive marks are afforded strong protection, as they are considered “inherently distinctive.”
A descriptive mark directly describes the nature of the product or service it is associated with, or a quality or characteristic of the product or service it is associated with, with no imaginative leap required. For example, World Book is considered a descriptive mark as it directly describes the product (encyclopedias) it is associated with. SnapChat is another example, since it is an application that connects users to live chat using their video image. Descriptive marks are not afforded trademark protection until they have acquired distinctiveness by their use in commerce. The Trademark Office will allow registration of descriptive marks immediately on the Secondary Register, but will not allow their registration on the Primary Register until acquired distinctiveness is proven or a period of five years of continuous, exclusive use has elapsed, when acquired distinctiveness is presumed by the Trademark Office.
In addition, descriptive marks are afforded the weakest protection of all mark classifications. Nonetheless, descriptive marks can be extremely powerful because they can be used, for example, to tie up important search terms.
A generic term is one that describes the product or service with which it is associated as a category or type. As such, a generic term cannot distinguish between competing versions of the product or service, and is said to lack distinctiveness. Some examples of generic terms are “All Natural” and “Garlic Oil” because they describe the product or service with which they are associated. It is possible for a once distinctive term to become generic due to use by the public to describe all versions of a product or service, and not just those offered by the mark user.
If you are concerned about Trademark Attorney Cost, our fixed fee table below reciting most charges should help you rest easier.
Service | Fee
Preparation & Filing of Trademark Application | $1500
Conducting a Trademark Search | Included!
Preparation of Written Opinion on Likelihood of Obtaining Trademark | Included!
Advice on Alternative Potential Trademarks | Included!
Advice on Filing under § 1(a) or § 1(b) | Included!
Responding to a Non-Final Office Action from the Trademark Office | Included!
Responding to a Final Office Action from the Trademark Office | Included!
Filing a Statement of Use (if necessary) | Included!
Trademark Office Fee for Filing Trademark (per class) Using Existing Goods and Services Description | $250
Trademark Office Fee for Filing Trademark (per class) Using Custom Goods and Services Description | $350
Trademark Office Fee for Filing a Statement of Use (per class) | $100
Trademark office Fee for Filing an Extension to File a Statement of Use (per class) | $150
Contact the Law Offices of Konrad Sherinian, LLC today to start your fixed fee trademark filing today!
Learn more about trademarks through any of our pages below:
- An Overview of Trademarks
- Types of Trademarks
- Chicago Trademark Attorney
- Distinctive Versus Generic or Descriptive Marks
- A Brief History of Trademarks