How do I trademark my business?
The process of trademarking your business name or logo is fairly complicated, so you’ll probably want to hire a lawyer to do it for you. It typically costs $500 - $1,500 per name/logo that you’d like to trademark.
Here’s an example of what this process might look like:
Stage 0 - Viability Search
Costs: $200 per search per potential registration
Choose which item (name, logo, brand, motto, etc) you would like to register. Check to see if there are pending or currently registered trademarks or design images that may be confusingly similar and/or any other red flags. Also research trademark classifications for viability.
Stage 1 - Initial Application
Costs per trademark application: $500 legal fees plus $275 government fee for each filing class.
To complete this application, you will want to take these things into consideration:
● What products and/or services do you or will you offer?
● Do you have proof of use in commerce and can file as “currently in use” or will you need to file with the “intent to use” process (at additional cost)?
● What class(es) should you file in? What should the class descriptions (categories) include?
Stage 2 - Waiting for the Examiner
Time in this phase: 1-3 months
Because the USPTO (the United States Patent and Trademark Office) has a backlog of cases to work through, you may not see an update until 3 months after the application is submitted. After a trademark examiner has reviewed the application, you will get a letter from them.
Stage 3: Office Actions and Office Action Responses
Costs: varies
Time in this phase: varies, you are given a deadline of 6 months to respond to the letter (called an Office Action letter). This is a formal letter from a USPTO Examiner that must be answered. These can be very simple edits to the application such as disclaiming words like, “gluten-free” (because you wouldn’t be able to own that phrase even if your products are gluten-free) or extremely complicated such as the examiner naming five existing marks they believe to be confusingly similar, which would require formal legal analysis and writing. When you receive an Office Action letter, your lawyer would contact you and may want to schedule an appointment to discuss what the letter means and what options you have for a response.
Office Action Responses may be a separate cost (not included in the initial trademark application fees). Costs billed to the client will vary based on the complexity of the Office Action and the type of response that may be needed. This cost can range from free (if a simple, non-formal reply is an option) to a few thousand dollars (if legal research and a formal legal analysis-based response is necessary).
Stage 4 - Published for Opposition
Time in this Phase: 2 months
Applications that make it beyond both the initial application phase and the examination phase are scheduled for “publication for opposition.” At this stage, your pending trademark is published in an online USPTO magazine called “The Official Gazette.” During this 30-day period, an individual, company, or attorney representing either, can formally oppose your registration being granted. If they do so, they must file a formal opposition argument. Sometimes an opposing party may instead contact you (or your lawyer) during this phase instead of filing a formal opposition with the USPTO. It is very rare that marks get formally opposed (for example probably don’t start a driving service called Youber)
Stage 5 - Provide Evidence if you haven’t already done so
Costs and Next Steps depends on what you chose in Stage 1
● Already submitted use in commerce when you applied for a “currently in use” application? → Congrats, you have a registered trademark!
● Filed with the “intent to use without submitting commerce example in the initial application? → Now you have 6 months from the date of the Notice of Allowance to prove used in commerce by providing a “statement of use” along with commerce evidence. The cost associated: $250 in legal fees and $100 per class filing fees
○ If you make it to this stage and don't have enough evidence yet, you can file for a 6-month extension, up to 5 times total. Cost associated: $250 in legal fees and $125 per class filing fees