How Trademark Fees Are Determined - Law - Trademarks

There are many different issues you need to consider before filing a trademark for your business. In this article, we take a look at how trademark fees are determined. You would think it would be a simple, straightforward process, but it really is not.

1. Paper vs. Online Filings

The trademark filing process is, how shall I say this, one that takes a lot of patience. How long? It can take eight months just to get the first substantive correspondence from the examining attorney who reviews your application.

The problem is all the applications are handled through one office at the Patent & Trademark Office and there simply aren't enough examining attorneys to handle the work. In light of this, there has been a big move towards making things as efficient as possible. One step that affects filers is the move to encourage them to apply electronically instead of by snail mail and the corresponding effect on fees.

If you file an application by snail mail with the Patent & Trademark Office, the fee is $375 per class. [We'll get to classes in just a moment.] If you file the same application electronically through their website, the fee is $325 per class. This is a savings of $50 a class. Since most people file for numerous classes, it can make a big difference. If at all possible, get in the habit of filing electronically.

2. Know Your Classes

So, what is this filing fee per "class"? Well, a trademark filing is not an all encompassing legal right. There are different classes. One class might be for marks used on the internet while another might be for a mark used in fashion. A simple example shows why classes are necessary.

Amazon.com obviously is a very strong trademark. Anyone trying to use the Amazon name online runs the risk of being sued into oblivion for trademark infringement. Ah, but what if I stared a business providing tours of the Amazon and named it "Amazon Trek"? Could Amazon sue me for infringing on their mark? No. My business area is travel and does not infringe on theirs. Put another way, we are in different classes.

As a general rule, you want to file for as many classes as possible when filing your application. You can find the list by going to uspto.gov, clicking "trademark basics" and then looking through the "Manuals" section for the "ID Manual." You can then enter the subject matter of your mark and see what classes apply.

To determine your filing fees, make sure you multiply the number of classes you are applying for versus the filing fee. For example, an electronically filed application claiming three classes would come with a fee of $975 [$325 x 3 classes]. The same application filed by snail mail would cost you $1,125 [$375 x 3 classes]. As you can see, filing electronically through the Patent & Trademark Office can save you a good bit of money.

Trademark fees might seem a bit high. Well, they are. However, it is definitely worth it as the protection you get from filing is vital to any business. Attorneys fees in trademark infringement cases run in to the hundreds of thousands of dollars, so getting your mark in order just makes sense.

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