United States Trademark Registration
Our fee for registering a trademark in a single class of goods or services is $1,525.00. The fee includes a limited “knock-out” search for existing applications and registrations that would directly conflict with your intended mark; the USPTO filing fee; and our responses to any Office Actions that may arise.*
If you want to register a trademark in more than one class of goods or services, there is a fee of $625.00 for each additional class.
The foregoing pricing assumes the application can be filed as an eTeas+ application. Otherwise, the charges are $100.00 more per class for the additional government fees.
See our Goods and Services page to see how the USPTO divides goods and services into different classes. If you are considering registering your trademark in more than one class, or are unsure about how to list your goods and services, please email us to set up a consultation. We will work with you to determine the correct listing of the goods and services for your mark.
*What our fee does not include: (a) appeals to the Trademark Trial and Appeal Board from a Final Refusal of the USPTO to allow your mark to register; (b) defending Opposition Proceedings brought by third parties who may want to stop your mark from registering; (c) negotiating Co‑Existence Agreements with third parties that may allow you to overcome a Final Refusal; (d) filing cancellation actions against registrations that are blocking registration of your trademark; (e) Concurrent Use Proceedings; or (f) for intent‑to‑use applications only, Requests to Divide, which allow you to register your mark for certain goods and services listed in your application (e.g., the ones in use), while leaving the remaining goods and services in an intent-to-use status. Please note that neither we nor anyone else can guarantee that your trademark will register.
Please note that the USPTO has been inundated with new trademark applications, with a year over year increase of 63%, and just in December 2020 an increase of 172%, year over year. As such, we are now seeing significant delays in the processing of applications. Please see the Director’s announcement recognizing that they are dealing with a “surge” of cases. Now more than ever, applicants should file as early as possible in order to perfect their rights, as it does not appear that the USPTO is going to be able to get back to normal processing for a considerable period of time.
In order to file your trademark application, you will need to provide us with the following information:
- If the trademark you wish to register consists of word(s) only, then you only need to tell us the word(s). If your trademark consists of more than just words (e.g., logo, stylized fonts, graphic elements, punctuation), you need to provide us with a pure black-and-white, high-resolution JPG of your mark. (It is possible to file for color marks, but this is typically not recommended, unless the color is “distinctive,” i.e., uniquely identified with your goods or services.) See Drawing Requirements for additional details.
- A list of the specific goods and/or services for which you want to register your mark.
- The mark owner’s legal name (e.g., the name of the corporation or LLC that will own the mark), place of formation or citizenship, and legal address;
- The filing basis. Specifically,
- If you are already using the mark in the United States,
- We need to know the date of first use anywhere and the date of first use in commerce in the United States. For an explanation of the dates and their significance, see “First Use”; and
- We need a “specimen” showing use of the mark in each class of goods/services that you want your Mark to cover. See Specimen Requirements for additional details.
- If the Mark is not in use in the United States, then your application must be filed on an “intent‑to‑use” basis. There are sound strategic reasons for filing an intent-to-use application that we can discuss with you.
- If you already have a foreign trademark registration or pending application, we need to know the country or jurisdiction and registration or application number.
- If you are already using the mark in the United States,
Important Information Regarding Intent-To-Use Applications
Intent‑to‑use applications must be converted to use before a registration will issue. In other words, before your mark can be registered, you will need to begin using it for some or all of the goods and services listed in your application, and file a Statement of Use attesting to such use.
Statements of Use may be filed in the USPTO either before the examining attorney accepts your application for publication or after the USPTO issues a Notice of Allowance. Once an application is published, third parties have thirty (30) days within which to notify the applicant of its intent to file an Opposition Proceeding to stop the applied-for mark from registering.
If you are still not using your mark after a Notice of Allowance issues, you must file extensions every six months (for up to a maximum of three years) until you begin to use your mark. The cost for a Statement of Use and each extension is $400 for a single class and $225 for each additional class, including government filing fees.
(Intent-to-use applications based on foreign applications or registrations do not need to convert to use in order to register. However, applicants should note that a failure to use the mark in the United States for a period of three years constitutes prima facie abandonment of the mark.)
Begin The Process Today
Contact Gordon E. R. Troy, PC, to learn more about our trademark services and the steps we can take to protect your intellectual property. You can reach us online or by dialing our toll-free number at 877-833-2586.
Located in West Windsor, Gordon E. R. Troy, PC, represents clients throughout the United States and across the globe.