Thursday, November 17, 2022

Government Filing Fee For Trademark

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What Is A Logo

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A logo is a design that your company uses on its products, signs, or ads to identify yourself. A logo is often a visual image of your company name, like the logos for Coca-Cola or McDonald’s. Other logos are designs that represent a company without using words, like the Apple logo or the Nike swoosh.

Patent Application Filing Fees

Basic filing fee – Utility ) 320.00 Basic filing fee – Utility n/a Basic filing fee – Design CPA 220.00 Basic filing fee – Reissue 320.00 1051/2051/3051 1.16 Surcharge – Late filing fee, search fee, examination fee, inventor’s oath or declaration, or application filed without at least one claim or by reference 160.00 Surcharge – Late provisional filing fee or cover sheet 60.00 Each independent claim in excess of three 480.00 Each reissue independent claim in excess of three 480.00 Each claim in excess of 20 100.00 Each reissue claim in excess of 20 100.00 Utility application size fee – for each additional 50 sheets that exceeds 100 sheets 420.00 Design application size fee – for each additional 50 sheets that exceeds 100 sheets 420.00 Plant application size fee – for each additional 50 sheets that exceeds 100 sheets 420.00 Reissue application size fee – for each additional 50 sheets that exceeds 100 sheets 420.00 Provisional application size fee – for each additional 50 sheets that exceeds 100 sheets 420.00 Non-electronic filing fee Utility 400.00 Submission of sequence listings of 300MB to 800MB 1,060.00 Submission of sequence listings of more than 800MB 10,500.00 The 4000 series fee code may be used via EFS-Web

Trademark Registration Maintenance Fees

Trademark Registration Maintenance Fees also are seeing an increase on January 2, 2021. For example, the Section 8 or 71 Declaration is increasing 100 USD per class . The takeaway here is straightforward: if trademark registrations are within the one-year window to file the Section 8 or 71 Declarations and sufficient specimens of use are available, it is less costly to file before January 2, 2021. The USPTO also has implemented a new fee for deleting goods or services or classes after the Section 8 or 71 Declaration has been filed: 250 USD per class. This new fee is presumably intended to deter late amendments and encourage registrants to consider any changes to the registrations before the Section 8 or 71 Declarations have been submitted.

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Trademark Trial And Appeal Board Fee Schedule

Below is a TTAB fees structure for applications filed via Electronic System for Trademark Trials and Appeals that can vary between $25 to $200

  • Charges for notice of opposition has increased from $400 to $600
  • A request for the initial 90-day extension period to file a notice of opposition has jumped up from $100 to $200
  • The next 60-day extension period to file a notice of opposition has inflated from $100 to $200
  • The final 60-day extension period to file a notice of opposition has gone up from $200 to $400
  • Cancellation charges of a petition has also increased from $400 to $600
  • The appeal for ex partenow costs $225

To give you a clearer idea, there are other TTAB charges also taking effect. A fee of $100 has been applied for the second extension period to file an appeal through in ex parte. Whereas a fee of $200 is applicable for appeal briefs in ex parte through ESTTA. Furthermore, a fee of $500 on every proceeding is applicable for oral hearings.

There are no charges for the initial 30-day extension to file for notice of opposition via ESTTA. Moreover, there will be partial refunds for canceled petitions by the USPTO. These refunds can be availed only if it includes non-use claim or abandonment, no filling in the procedure except for the canceled petition, and if the defendant is not present or do not choose to appear.

What You Can And Cannot Register As A Trademark

Conmpany Registration Fee. All Inclusive Cost of ...

What you can register

You can register any trademark that does not contravene the Trademarks Act. For more detailed information, see the Trademarks Act.

What you can’t register

Trademarks that are generally unregistrable include the following:

A trademark may not be registered if it is nothing more than a name or surname.

An exception is if you can prove that your goods or services have become well known under the name or surname so that the word has acquired a second meaning in the public mind.

You may not register a trademark that clearly describes a characteristic or quality of your goods or services.

For example, the words “sweet” for ice cream, “juicy” for apples, and “perfectly clean” for dry-cleaner services could not be registered as trademarks. All apples could be described as “juicy” and all ice cream as “sweet” these are natural characteristics of the items. If you were allowed to register these words, no other apple sellers or ice cream vendors could use them to promote their goods, and that would be unfair. But, again, if you can establish that “Sweet Ice Cream” has become so well known that people will immediately think of your product when they read or hear these words, you may be allowed to register the trademark.

You cannot register a trademark that is deceptively misleading. For example, you could not register “cane sugar” for candy sweetened with artificial sweetener or “air express” for a courier service that uses ground transportation.

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Trademark Services: Register A Trademark

  • Basic Package $299* Includes trademark filing and Minor Office Actions only.
  • Standard Package $499* Comprehensive search for conflicts , search report, trademark filing, and Minor Office Action coverage.
  • Premium Package $799* Trademark service includes comprehensive search for conflicts , search report, trademark filing, and Minor and Major Office Action coverage, one-year trademark monitoring after registration .

* Plus non-refundable $350 government filing fee.

Qualifying For Reduced Uspto Government Fees

As any applicant knows, the government fees for filing a patent application can be quite costly at times. However, the U.S. Patent and Trademark Office has a tiered system for determining several fees. These fees are based on the applicants status and include large-entity, small-entity, and micro-entity. In particular, both small-entity and micro-entity designations qualify the application for reduced government fees. Specifically, there is a reduction in government fees by 50% for small-entities and 75% for micro-entities.

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Reasons You Might Not Trademark Your Logo

Many business owners don’t realize that their logo is protected even without being registered . As soon as you use your logo in commerce it is covered by common law trademark protections at the local level. You are legally allowed to claim your logo by using the symbol near it. You’ll need to register with your state or with the USPTO to be protected outside your area.

You might also choose not to register your logo if you can’t afford to register both your logo and your name. If you have to choose one, it’s best to trademark your company name . Small-scale business owners often create their own logos and may want to change them as time goes by. If someone else starts using your logo, it might be less costly to create a new one rather than going to court. Also, your company name will likely be part of your logo, your domain name, and other branding applications. If you register your company name, you’ll be able to protect your brand more broadly than if you just protect your logo.

Important Uspto Trademark Fee Increases For 2021 And Key Strategies To Consider

Important notice regarding USPTO trademark fee increases effective Jan. 2, 2021

On January 2, 2021, the United States Patent and Trademark Office will implement new trademark fees across a wide range of filings, from trademark applications to renewals and opposition filings in the USPTO. Consult the Summary of FY 2021 Final Trademark Fee Rule for more information.

While the fee increases vary per submission, some notable increases may impact strategy considerations for new filings, maintenance submissions and enforcement strategies. To assist in preparation for the 2021 fee changes, we highlight here some of the most relevant fee increases and provide strategies to consider to maximize the allocation of resources in maintenance and enforcement of trademark rights.

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Other Costs To Consider

If you look at the lifetime of a trademark, filing fees are like the delivery fees that the hospital charges you when your child is born. Theyre just the start. Youve got a lifetime of payments ahead of you.

Between year five and six, you must file more paperwork with the USPTO to claim that your trademark is still in use. And if it isnt, you have to provide a good reason why if you still want to maintain your trademark. Youre required to fill out a Section 8 declaration and pay fees for each applicable class. Then, between years nine and 10 you must submit a combined Section 8 declaration and Section 9 application for renewal, with a fee of$525 per class. The USPTO grants a six month grace period after the due date, but filers need to pay an additional fee when filing late.

Trademark And Service Mark Applications And Forms

You may file your trademark or service mark filings online on our website’s Online Services or by submitting completed application forms to the Corporations Division. The forms are in Adobe Acrobat .pdf format, which require the Adobe Acrobat reader in order to view, fill, or print these forms. To download a free copy of the Adobe Acrobat reader, please visit the Adobe website. Please note: printing the forms require the Comments and Forms option to be set to Document and Markups under the Print option in order to the print the complete form.

Instructions for Completing Initial Application for Trademark or Service Mark Registration

A non-refundable filing fee of $15.00 must accompany each application for registration of a trademark or service mark. This is an examination fee. Even if the mark is not registrable, fees are not refundable. Make checks or money orders payable to the Secretary of State.

The application must also be accompanied by a drawing page. A drawing page is a depiction of the mark on an 8 ½ x 11 white sheet of paper. The drawing page is an accurate visual depiction of the mark. A drawing page should not show additional words or designs that are not part of the mark.

Item 1: Enter the name of the applicant. Applicant is the owner of the mark the applicant is not necessarily the person filing the application. The applicant may be an individual or an entity , limited partnership).

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What Does It Cost To Obtain A Trademark

To file an application for a new trademark, the government fees are usually $225 per class if you select the specific goods and services from the trademark office’s pre-set list. You also need to file electronically and follow a few other rules. However, if you want to enter your own text, it will cost you $275 per class.

For example, if you file an application for a trademark for clothing and jewelry , you can expect to pay about $550 in government fees. You will pay this fee to the United States Patent and Trademark Office when you apply.

An additional cost for filing a trademark is the fee for an attorney or a trademark service. A general attorney will help you prepare and file an application for a trademark for a flat fee. Usually, the flat fee is between $300 and $1000. An experienced trademark attorney will typically charge $1000 to $2000. However, if you are filing a trademark for multiple classes, the attorney fee may be higher. Online trademark services usually cost $400 to $500.

Of course, the amount of attorney fees will depend on the number of classes and how hard it will be to get images of the use of your trademark. Some attorneys will charge you for any time spent answering your questions, talking about strategy, reviewing the registration certificate, and reporting your application’s status. So the total cost of attorney fees for a trademark application could be $2,500 or more.

Speak With A Trademark Attorney

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Registering your trademark correctly from the start is important. Please feel free to reach out and request to speak with one of our trademark attorneys to discuss your idea. Were here to help.

Have a question? We want to know. Contact a Trademark Lawyer today.

Our New York Startup and Trademark Lawyers operate with the singular goal of acting as your legal consigliere, continuously striving to provide you with the best legal advice and strategies to protect your interests.

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The Trademark Application Fees

Of course, the trademark search costs only represent half of the answer to the question of “How much does it cost to trademark a name?” Once the trademark search has been conducted and no problems or issues have been found, the next step would be to prepare and file the trademark application. A licensed trademark attorney can charge anywhere from $200 and up for this service.

Additionally, upon filing your trademark application, the United States Patent and Trademark Office will charge you a government filing fee of at least $350 and sometimes more, depending on how the application is filed, and how many classes of goods/services are listed in the application. In most cases, the government filing fee is $350 per class of goods or services – each class after that will come with an additional fee.

And what are these “classes” of goods or services? The Trademark Office has 45 different classes of goods and services, which cover every type of business, ever type of service, and every type of product imaginable. For example, dietary supplement products are classified in Class 005 software products and classified in Class 009 jewelry products are classified in Class 014 clothing products are classified in Class 025 retail store services are classified in Class 035 financial services are classified in Class 036 plumbing services are classified in Class 037 and restaurant services are classified in Class 043.

Why Is A Trademark Search Necessary

Trademark searches are necessary to ensure that your proposed trademark is not already in use or registered and that your proposed trademark is not too similar to a trademark already in use. The USPTO must follow all legal requirements for trademark registration. One such requirement is that a proposed trademark cannot be registered if it is the same as or if it is confusingly similar to a prior trademark. Any proposed trademark that is an exact match will be rejected quickly. The more nuanced and difficult questions arise with similar but not identical trademarks and with trademarks that are not used in relation to the same goods or services. A trademark search will reveal these similar trademarks which will save money and time since your proposed trademark cannot be modified after filing the application.

The USPTO maintains a searchable online database of trademarks called the Trademark Electronic Search System that can be used by anyone. Currently, there are about 2.5 million trademark registrations. See USPTO Data Dashboard here.

However, it is important to have an experienced trademark attorney conduct a trademark search. A TESS search is generally not broad enough since common law trademark rights may exist without a registration.

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What Is The Cost Of An Application For Federal Trademark Registration

Applying for federal registration of a trademark is, in and of itself, a fairlyinexpensive proposition. Typically, the application form is filled out online at the UnitedStates Patent and Trademark Officeâs website and will take about a half hourto complete. Depending on the type of application, and the applicantâs willingness to conductfuture communications with the USPTO, the application filing fees are currently between$225-$400 per class. You must pay this fee for each class of goods and services for which registration is sought.

In addition to proper selection of the form of the trademark, it essential to any trademarkapplication that the goods and/or services descriptionassociated with the mark is properly tailored . Not only do you need to accurately describe thegoods/services but you must do this with an eye toward your current and future business andproduct development plans, as well as with an awareness of your competitors. This may takecareful consideration and drafting by you and your trademark attorney. This analysis is alsoincluded in the $1275 fee.

Fees To Trademark A Business Name

Common Trademark Application Mistakes

When filing an application to trademark your business name on a federal level through the USPTO, you should count on paying between $250 and $750.

According to the USPTO website, the trademark fees you’ll pay depend on:

  • The number of trademarks you seek
  • The class of goods and services you intend to trademark

An applicant may only apply for a single trademark in an application. The cost to file an application is generally $250-$350.

However, if you apply to trademark multiple classes of goods or services, you must file separate applications and pay separate filing fees for each. This process can get expensive.

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System Upgrade In Progress

Campaign Finance, Lobbyist Reporting, and Online Voter Tools are expected to be offline from to complete a system upgrade.

Per Idaho Code 67-6607, campaign finance is reported monthly during a campaigns election year. The deadline for the March report falls on Saturday, April 10th. Due to the interruption caused by this upgrade, political treasurers will be allowed to file the March report until 11:59 p.m. MDT on Monday, April 12th.

While we do our best to ensure compliance with all deadlines in statute, the timing of this release is critical to ensure minimal impact to the May election cycle. We are sorry for any inconvenience this may cause.

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