Trademarking?

How much does trademarking a name actually cost approximately including attorney fees etc, does it differ?

 

You can actually file online yourself through www.uspto.gov and find out what the fees are, I think its like $300, but I could be wrong.

I will say that it can be done without the help of a lawyer, but this is something you should decide yourself. Paying for a lawyer and an extensive TM search can be expensive, but in the end, it is definitely the safest way to do it. If you're TMing a domain or a completely made up name, it might be safe to do it yourself, but I would do an extensive online search first to make sure no one else is using the name. Also try to pick the category of goods that best resembles your desired business and make the description as broad as possible, so you don't inadvertantly limit the scope of your TM.

If you're TMing a name that you are unsure of, I'd definitely seek legal help.

 

Before applying for a trademark, you should pay for a trademark search which checks for prior usage, phonetic marks, foreign spellings, etc. The fee varies, but figure a minimum of $200 - $300. The trademark process takes about six years before your rights are "cast in stone". If you register a trademark without doing a search, you can be in your 4th year and lose your mark to a prior usage if they successfully contest it. In the US, there are common law trademarks, which means people can claim rights to mark without filing for a Federal trademark. (note: Even the most expensive trademark search does not offer 100% protection).

Trademarks are granted by classification, and each classification will run about $350 for the filing fee. If you do it yourself, make sure you don't make a mistake or you will have your application rejected and can be required to pay the entire fee again.

It is not uncommon for someone to contest you application on the basis that it infringes upon their existing mark. You will need an attorney to advise you and file a response.

A ballpark figure for attorney, application fee, trademark search, etc., would be around $1,000. There are certain generic terms which cannot be trademarked (i.e. "apple pie" as a baked good) - but "apple pie" in the jewelry classification would be a unique usage and able to be trademarked (assuming no prior usage).

Remember that a trademark does not give you exclusive rights to a word/mark, but rights in a particular classification (there are over 40) - i.e. There are several holders of trademarks on "Apple" "myspace" etc, each has different classification usage rights.

 

Based on my own research, your figure is exactly what I was going to say.

Minimum cost ~$350-$400.
With expert help ~$1,000

 

thanks, helped lots .

 

I'd suggest going with a lawyer who specializes in TM's. I paid close to $1,000 to have one done several years back, and it was worth every penny. If a lawyer does it, they will know what to check, and how to protect you in the best possible way.

I had a general idea of what was required, but after sitting down with my lawyer, I ended up going a somewhat different route and taking some additional steps that I hadn't considered.

Talk to a lawyer for sure. If you truly have reason to protect your company name, it's worth the money to do it right.

 

Patent attorneys can do trademarks too.

Note you can still get a trademark enforced without registering if you just want to protect yourself against competitors passing off as you. But it's more work but at least you'd save money now. (Who knows? In two weeks you may not be so keen on that brand if it's a new site)