State trademark registration is relatively easier and cheap, while federal trademark registration is more complex and expensive. However, federal registration offers far better protection.
State trademark registration only protects the trademark only in the state where it is registered. To register a trademark with the state, an application must be filed with the state trademark office. The requirements for application are different from one state to another. The general requirements are to fill out a form, submit a specimen or drawing of the trademark that is to be registered and pay a filing fee that ranges from about $50-$75 for each class of goods or services registered. An application for State Trademark cannot be made until the mark is actually being used.The cost to register a federal trademark in the United States normally involves a fee which is paid to the U.S. Patent and Trademark Office and Fees that is paid to a trademark attorney who files in on his client’s behalf.
The filing fee, ranges between $275-$375 per class of goods or services.
The registration can be done only for the specific goods and services on which it is to be used. All goods and services are divided into 45 classes. The USPTO has a list of specific goods and services, or the text can also be entered by the applicant
Attorney fees are an additional cost. Most attorneys will prepare and file a trademark application for a flat fee that is normally between $ 300 and $1000. Applications with multiple classes are certainly more.
After the application is filed, it will be examined by a Trademark Examiner. The examiner may issue an Office Action refusing the application which can sometimes be easily overcome but on the other hand, sometimes it is difficult as well.
There is no government fees required to respond to an Office Action. The attorney fees charged might be between $ 200 and $ 2,000 to respond to an office action.
The trademark application can be filed based on having already used the mark to sell goods or services or having the intent to sell them in the future. If nothing is yet sold under the trademark, then normally a Statement of Use at the end of the application process is filed, normally about 7-9 months after filing the application.
The government fee to file a Statement of Use is $ 100 for each class of goods in the application.
The attorney fees to prepare and file a Statement of Use vary, but are normally between $250 and $700, depending on the number of classes in the application and other procedures. The classes from the application can be deleted at any time, but the USPTO does not refund any of the filing fees that have been already paid.
Blog By: Biswajit Sarkar – Trademark Lawyer India