Are you considering registering a trademark for your new business, product, or service? Or do you want to protect your brand that’s been out there for some time? Either way, it is crucial you understand the costs of hiring a trademark lawyer. While the fees charged by trademark attorneys can vary widely, understanding the factors that affect these costs can help you make an informed decision and achieve your legal goals.
Trademark attorneys can provide legal advice, file trademark applications with the United States Patent and Trademark Office (USPTO), and represent clients in trademark disputes.
In this article, we will explore the factors that affect trademark attorney costs, the average cost of hiring a trademark lawyer, and how to choose the right attorney for your needs.
We will also provide tips for minimizing costs while still receiving quality legal representation. By the end of this article, you will better understand the costs associated with hiring a trademark attorney and be adequately equipped to make an informed decision for your business.
While you are considering hiring a trademark attorney, here are a few things you should know to help you make the most informed decision and save you from unforeseen costs.
Well, the story isn’t exactly that accurate, and you will know why as you read on. The official story is that Clooney, Gerber, and Meldman came up with the idea of the brand while vacationing together in Mexico in 2010. They sampled their fair share of tequila from local bars and restaurants and decided to make one of their own that would be just perfect for them.
They found a distiller in Mexico and had the tequila delivered to their homes on a property known as Casamigos. The name is a play on words that can be translated to "House of Friends." They originally wanted to make tequila for personal consumption—just for friends and family, but their distiller insisted on a license when they ordered over 1000 sample bottles.
Thus, the brand Casamigos was officially launched in 2013 and was made available to the public. Since then it has become one of the fastest-growing tequila companies in the world, later on, acquired by Diageo—the largest alcohol distributor in the world, for $1 billion dollars.
Office actions are official notices sent by the government agency responsible for trademark registration, usually the United States Patent and Trademark Office (USPTO). These notices require a response from the trademark applicant or their attorney within a specific timeframe.
Office actions may be issued for various reasons, including issues with the trademark application itself, such as a description of goods or services that are too vague or generic, or problems with the trademark itself, such as the similarity of the mark to existing ones.
The goal of office actions is to ensure that all trademarks registered are unique and distinctive and do not create confusion with other marks.
However, responding to office actions can be a complex and time-consuming process. It typically involves legal analysis and a detailed written response addressing the concerns raised by the government agency.
Failure to respond to office actions promptly and appropriately can result in a trademark application being rejected or even abandoned.
It is essential to have an attorney or trademark firm help you respond to office actions. An attorney or trademark firm will have the legal expertise and experience to analyze the issues raised in the office action and develop a solid response to address those concerns.
They can also advise you on your options, such as amending the application or providing evidence to support your position.
Keeping this in mind, you should know that the cost of hiring a trademark attorney can drastically increase based on the number of times they have to respond to office actions.
The only way this won’t affect the hiring cost is if you choose to work with an attorney that supports a flat fee structure. This means they won’t charge you any additional fee regardless of how often they respond to office actions. We will elaborate more on this when we get to the trademark attorney pricing structure below.
A comprehensive trademark search is a thorough search of registered and unregistered trademarks to determine if a proposed mark is available for use and registration.
It is a critical step in the trademark registration process and can help avoid costly legal disputes down the line.
Here are some benefits of conducting a comprehensive trademark search:
A comprehensive trademark search differs from a direct-hit search, which only searches for exact matches of a proposed trademark. A comprehensive search, on the other hand, looks for potential conflicts based on similarities in sound, appearance, meaning, and related goods and services.
Conducting a comprehensive trademark search is crucial, as it can help prevent costly legal disputes down the line.
Most importantly, it can help reduce the likelihood of receiving office actions during the trademark registration process. This is because a comprehensive search can help identify potential conflicts with existing trademarks, allowing you to decide whether to proceed with your trademark registration.
If a trademark application is filed without a comprehensive search and conflicts with an existing trademark are later discovered, the USPTO may issue an office action requiring the applicant to address the conflict.
Unfortunately, many law firms and trademark attorneys often present a comprehensive trademark search a wasteful option. This way, they can make significantly more money as they charge their clients by the hour to respond to office actions that could have been avoided if a comprehensive search had been conducted upfront.
The cost of hiring a trademark lawyer can vary depending on several factors. In this section, we will explore the main factors that affect the price of a trademark attorney.
One of the main factors affecting the trademark attorneys' cost is their experience and expertise in the field.
More experienced attorneys with a track record of successful trademark registrations and litigation tend to charge higher fees than less experienced attorneys. For example, a trademark attorney who has been practicing for many years may charge more than a new attorney who has just started their practice.
Attorneys used by Trademark Factory® have been helping business owners file their trademarks for over 10 years and have filed over 3405 trademarks for our clients. This means we have the experience and expertise to get your mark approved quickly.
The type of trademark registration needed can also affect the cost of a trademark attorney. For example, registering a standard character mark (i.e., a word or phrase without a design element) or a design mark (i.e., a logo or graphic) may be less expensive than registering an unconventional mark (such as a sound or a smell mark). Similarly, registering a trademark for a niche market or a less competitive industry may be less expensive than registering a trademark for a highly competitive industry.
The complexity of the case is another factor that can affect the cost of a trademark attorney. A straightforward trademark registration with no opposition or litigation may be less expensive than a complex one involving opposition or litigation.
Additionally, if another party already uses the trademark or has been rejected in the past, it may require additional work and expertise, which can increase the cost of hiring a trademark attorney.
But for us here at Trademark Factory®, we don’t charge any extra fees, regardless of the case's complexity. Instead, we stick to our one-flat fee policy.
The cost of hiring a trademark attorney can vary widely depending on several factors. Therefore, it is crucial to consider these factors when choosing a trademark attorney and to find an attorney who provides quality services at a fair and reasonable price.
There are several fee structures to consider when calculating the cost of hiring a trademark attorney. This section will explore the most common fee structures used by trademark lawyers and provide an overview of the average costs.
One of the most common fee structures trademark attorneys use is hourly billing. This means the attorney charges a set hourly rate for their services, and the client is billed for the actual time spent working on the case.
Hourly fees for trademark attorneys vary widely depending on the factors we discussed earlier, such as the attorney's experience and geographic location. However, on average, trademark attorney hourly rates range from $180 to $800 per hour.
Although, we don’t usually recommend going with an hourly rate as it could get more expensive over time. For example, no rules guide the hours an attorney should use per trademark application filing. So you just need to be hopeful that it’s minimal, or else you will be spending more than your budget.
Another fee structure used by trademark attorneys is a flat fee model. This means that the attorney charges a set fee for their services, regardless of the time spent working on the case.
Flat fees can be a more cost-effective option for clients with a straightforward trademark registration or who want to know the service's total cost upfront. Flat fees for trademark registration can range from $1,000 to $4,500.
At Trademark Factory, we adopted the flat-fee model because we believe it’s more convenient and transparent to our clients. We have three packages, and our clients know exactly what to expect with each plan.
The biggest flex with paying the one-flat fee is that you don’t have to worry about any future payments. Who doesn’t like the sound of that?
A mixed-type arrangement combines hourly fees and flat fee structures. This means that the attorney charges a flat fee to file the application and an hourly rate for any additional services beyond the scope of the flat fee.
Most trademark attorneys prefer the mixed payment type as it allows them to profit more from every client. However, we do not like this model as it can get expensive quickly.
Also, it can be challenging for you as a client to anticipate the total cost of the services under a mixed-type arrangement, as it depends on the amount of additional legal services needed beyond the scope of the flat fee. This can make it difficult to budget for legal expenses and plan accordingly.
For example, let's say that a trademark attorney charges a flat fee of $750 for filing a trademark application but also charges an hourly rate of $400 for any additional legal services such as responding to office actions, trademark monitoring, etc.
If the attorney spends an additional 10 hours working on the case, the total cost of the services would be $4,750, which is significantly higher than the original flat fee.
In our opinion, the mixed-type payment structure is something to avoid when hiring a trademark attorney.
In addition to the attorney's fee, additional expenses may be associated with the trademark registration process. For example, the USPTO charges a filing fee for trademark applications, ranging from $225 to $600 per class of goods or services. Other expenses may include search fees, trademark monitoring fees, and fees associated with responding to office actions or oppositions.
It is essential to discuss all potential fees and expenses with the trademark attorney before hiring them, to ensure that there are no unexpected costs later in the process.
If you work with our trademark experts, the only additional fee you will be paying are the government fees (for example, the USPTO charges). If you go with any one of our three packages, a comprehensive trademark search with a registrability opinion will be included in our flat fee. If you go with the All-Inclusive or Ultimate package, then unlimited responses to office actions will also be included in your price. Finally, the Ultimate package also offers defense in case of opposition proceedings.
Choosing the right trademark attorney can be a crucial factor in the success of your trademark registration or litigation case. This section will discuss some critical steps to take when choosing a trademark attorney.
The first step in choosing a trademark attorney is to research potential candidates. You can start by asking for referrals from colleagues or friends who have gone through the trademark registration process or have previously worked with a trademark attorney.
Additionally, you can search online for trademark attorneys in your area or consult with legal directories and bar associations. It is essential to check the attorney's experience, credentials, and track record of success to ensure that they are a good fit for your needs.
For example, at Trademark Factory®, we have been filing trademark applications for over 10 years, filed over 3,400 marks, and have a 99.3% success rate. These are the kind of numbers you should expect from a trademark attorney before hiring them.
Once you have identified potential trademark attorneys, scheduling an initial consultation to discuss your case and ask questions is essential. Some questions to ask during the consultation include:
Most trademark registration firms and attorneys will charge clients for consultations. However, we usually allow potential clients to request a free call with our experts. This allows us to understand their needs and explain everything they need to know about trademarking their businesses.
Also, before hiring a trademark attorney, it is essential to review their fee agreement carefully. The fee agreement should outline the attorney's fees and expenses, the payment schedule, and the scope of their services.
It’s crucial to ensure that the fee agreement is clear and reasonable and that you fully understand the terms and conditions. Consider consulting with another attorney to review the agreement if you are uncertain about any of the terms.
Overall, choosing a trademark attorney requires careful consideration and research. By asking the right questions and reviewing the attorney's fee agreement, you can find a qualified and experienced attorney who can help you protect your trademark and achieve your legal goals.
At Trademark Factory, our mission is to help growth-minded entrepreneurs build amazing brands. The thing is, you can’t build a unique and amazing brand unless you OWN the brand you’re building. And the only way to own your brand is to trademark it.
Here are the reasons why we are considered the best trademark registration firm in the world.
Once we onboard you as a client, our team of legal professionals and advisors will handle all aspects of your trademark registration process. Our experienced attorneys and trademark agents will ensure a stress-free process, with no need for you to worry about anything.
You will only be contacted as needed for any required information or documents.
Once you provide the necessary information to the team, they will draft and file your application, ensuring that all legal requirements are met for registering your trademark.
What sets Trademark Factory apart is our 100% done-for-you service. Once you choose to work with us, you can simply relax and watch as your brand is successfully trademarked without any additional fees.
It's worth noting that you'll receive all of the services offered by trademark attorneys with us but with a one-time fee; no recurring payments.
Another reason Trademark Factory stands out is because we offer a true flat-rate fee covering the entire trademarking process.
Unlike other trademark firms and attorneys, who may charge hourly rates or additional fees for objections or further actions, we only require a one-time payment. This means that even if your trademark process requires an entire legal team, you will not be charged by the hour.
There are no hidden costs or extra demands for payment, no matter how many objections are raised against your application. Depending on your chosen plan, your one-time fee will cover a comprehensive trademark search, application filing, response to office actions, and more.