Patent Attorney and Founder
JD: I’m looking to patent my business name “Classic” for an alcoholic beverage. Should I get an attorney involved? Are the estimates I see on Google, ranging from $300 to $750, accurate? Is it really non-refundable if your application is not approved?
JD: Well, a couple of things. First, let’s clarify that patenting is only for new inventions, such as designs or functional creations that are novel, non-obvious, and have utility. Trademarks are what you use if you want to secure a name, word mark, or design mark. It sounds like you’re looking for a trademark here.
Matt: I have some questions about the cost. Could you speak to that?
Matt: Sure. The government application fees at the USPTO are generally $250 to $350 per class of application. For example, if you’re creating vodka, you’d apply in the alcohol class (Class 33) at the USPTO, and your government fees would be $250 to $350. These fees are non-refundable.
Matt: When you see quotes online for attorneys who do trademark registration work, $300 to $750 is very low. It might be a law firm you’re working with, but I can almost guarantee you won’t be working with an actual attorney. You’ll likely be working with a paralegal, and your mileage may vary.
Matt: Most trademark attorneys charge between $2,000 and $3,000, which is pretty standard.
JD: Our firm charges within that range. You usually get what you pay for, so going low-cost might mean some corners are cut, and you could face surprises from an examiner. The worst-case scenario is having to change your entire brand if your trademark is not approved.
Matt: Understood.
Matt: I will say our pricing is in line with most of the industry. If you go to a big firm downtown, you’ll likely pay at least double that.