The cost to file trademark a name in 2023 is $250 per International Class unless a custom description is required, in which case it is $350. Generally, the United States Patent and Trademark Office (“USPTO”) charges $250 per International Class of goods and/or services. However, if a custom description is necessary, the cost to trademark a name is $350 per Class.
Table of Contents
- 1. The Cost to Trademark a Name Depends on the Application Selected
- 2. The Number of Classes Affects Costs
- 4. Future Trademark Filing Fees
- 5. Conclusion and Recommendation
These costs can vary depending upon:
- (1) the number of International Class selected as well as
- (2) the type of application selected.
Below, I explain how much it costs to trademark a name in 2023.
|Application Type||Is a Custom Description Necessary?||Cost Per Class|
Here is a quick overview showing how much it will cost to trademark a name.
1. The Cost to Trademark a Name Depends on the Application Selected
For 2023, the cost to trademark a name is either $250 or $350, depending upon which one of two applications you select. For instance, the TEAS Plus application costs $250 per class of goods and/or services. However, if a custom description is necessary, use the TEAS Standard application for $350 per class of goods and/or services.
The old cost for TEAS Plus and TEAS Standard was $225 and $275. If you see those numbers on other blogs, they are outdated. This updated article addresses the differences between TEAS Plus versus TEAS Standard, and will show you which application you need.
2. The Number of Classes Affects Costs
To start, there are 45 different International Classes of goods and/or services at the USPTO. The cost to file a trademark application does not depend on which Class you select; all International Classes are equal in cost. However, selecting multiple International Classes will dramatically increase your filing fees.
A. Each International Trademark Class Costs the Same
For instance, you could select Class 3 for eyelash extensions, and International Class 41 for entertainment services featuring streaming video. The cost could be either $250 (under TEAS Plus) or $350 (under TEAS Standard) for each International Trademark Class, depending upon whether you need a custom description.
B. Finding Your International Trademark Class
To find out if you need a custom description, check out the USPTO’s Trademark Identification Manual, and search for the goods and/or services sold (or that you intend to sell). If a description is not available, you may need to write it in under the more expensive TEAS Standard application. If you have more than one International Class of goods and/or services, simply multiply the number of classes.
Below are some examples to illustrate my point.
i. Example 1
For example, Alice decides to file for “medicated wipes” in International Class 5, “Software as a Service (SaaS)” in Class 42, and “bed and breakfast services” in Class 43. Since all three of her International Class are found under the Trademark ID Manual, Alice’s costs to file a trademark is $750 ($250 TEAS Standard application multiplied by 3 International Classes).
ii. Example 2
For example, Bob wants to file a trademark for “paint thinners” in Class 2 and “barbells” in Class 28. Normally, his costs to file a trademark for paint thinners and barbells is $500 ($250 TEAS Standard application multiplied by 2 Classes). That is because neither paint thinners nor barbells needs a custom description.
On the other hand, let’s say Bob wants to sell modified gym equipment. A custom description is necessary for unique, modified gym equipment. Accordingly, in that scenario, Bob would pay $700 ($350 TEAS Standard application multiplied by 2 International Class). It does not matter that one of the two International Classes was within the Trademark Identification Manual.
4. Future Trademark Filing Fees
Other factors, such as whether you are currently using your trademark to sell goods and/or services, and renewals can affect future fees. This section deals with future costs to trademark.
A. Cost to File a Trademark: An Intent to Use Application Leads to Increased Costs in the Future
Occasionally, clients may need an Intent to Use application that alleges that the applicant will use a trademark.
Interestingly, the cost for both a Use in Commerce application and an Intent to Use application is the same at the time of filing. In other words, there is no extra charge at the time of filing.
However, you should expect to pay the USPTO $100 extra per class within six months of your Notice of Allowance. Additionally, you will need to show proof that the name is being used “in commerce.” A Notice of Allowance starts the clock on filing a Statement of Use/Amendment to Allege Use.
B. Consider Future Costs to File a Trademark Name
Notably, trademark filing is the starting point in a long process. Note, however, that there are other costs like maintaining and renewing a trademark application, cease-and-desist letters, enforcement, and more. Generally, I advise clients that they are better off not filing for a trademark if they do not intend to enforce their intellectual property.
A good rule of thumb is to never file in more classes than you are comfortable with. For instance, for my new clients, I advise no more than two classes of goods and/or services to keep costs low.
5. Conclusion and Recommendation
In short, the cost to file a trademark is $250 per class of goods and/or services. However, only if a custom description is necessary, is it $350 per class of goods and/or services. You can find out if you need a custom description by searching the Trademark Identification Manual. If you can find your goods and/or services in the Trademark Identification Manual, use the TEAS Plus Application for $250 per class. If you need to write a custom description, use TEAS Standard for $350 per class.
Syed Law can help you keep your trademark costs down by selecting the appropriate application for you. Get started now, or contact an experienced trademark registration attorney at Syed Law.
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