Patent Attorney and Founder
When you start a business, you need to make sure it’s protected. A registered trademark is a must if you want to maintain a recognized brand without fear of someone else copying or using it for their gain. Beginning the trademark journey can seem overwhelming and costly. But the process doesn’t have to be stressful, and there are ways to save money if you’re a business owner on a budget. Let’s break down the trademark process and associated costs—and talk about how you can minimize those costs.
The Trademark Process
While filing for trademark registration with the U.S. Patent and Trademark Office (USPTO) isn’t a simple process, the protection it gives you and your business is well worth it. If you want to save money on attorney costs, you can complete the process yourself. But be warned, the application is easy rife with pitfalls for first-time users. Also, you should complete an exhaustive search of the USPTO and unregistered trademark uses. Again, easier said than done if you don’t have the experience or know-how. Here’s what you need to do file the trademark without a search:
1. Decide if you need a trademark: Legally, you don’t have to register trademarks for businesses. But it’s always a good idea to protect your intellectual property. In many cases, registering your business’s name is enough to establish your identity. However, if you want to make sure nobody else uses it, a trademark is the way to go.
2. Determine the type of trademark: Choose a distinctive or unique mark that communicates your brand message and is used in commerce. There are five categories of marks: arbitrary, fanciful, suggestive, descriptive, and generic. (For an overview of these, check out our blog piece on distinctiveness in trademarks.) You’ll also need to decide if you are filing to protect a word or design (logo) mark. There are important distinctions.
3. Fill out the application: Before you fill out the form, you need to determine:
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- If you (or anyone else) is currently using the mark: We strongly recommend working with a trademark attorney to run a trademark search before you proceed with your application. On the other hand, if you’re using it, you’ll need to provide proof of where and how it is being used.
- How you will use the mark: If you want to use the mark in future, explain where and how it will be used.
4. Submit your application: Once your application has been submitted, the USPTO assigns an examining attorney to review your application. This assigned representative may contact you directly to clarify details or correct minor errors on your application. If your application is not approved, the attorney will issue an office action outlining the reasoning.
Although USPTO’s initial review and approval process is around 12 months, this timeline can stretch to 18 months if any information on your application is missing or incorrect. Once your application is processed, however, your trademark will be retroactively protected as of your file date. The easiest way to secure a trademark successfully—and smoothly—is to work with an experienced intellectual property attorney.
Trademark Registration Costs
The amount you’ll pay to register your trademark will depend on your needs and preferences. In general, though, you’ll pay $250 per mark to submit an application electronically. Those costs are per class.Of course, there is a hidden cost: your time and patience! If you choose to file paperwork on your own, you have to account for the value of your time. In addition, an attorney can guide you through making sure your application is detailed, comprehensive, and correct. After all, if your application is rejected, you’ll have to begin the process again.
Registering a trademark for your business doesn’t have to be daunting or pricey. At Bold Patents, we can guide you through the trademark process and improve your chance of getting your trademark approved quickly. To learn more, contact us or call 800-849-1913.