Trademark registration steps and pricing
1. Preliminary Screening (Clearance) Search
We generally recommend beginning with a preliminary screening search of US Patent and Trademark (USPTO) records. The screening search is used to rule out marks that are unavailable because a confusingly similar mark is already registered with the USPTO. Screening searches are limited to USPTO records and do not include a search for potential third party rights under the common law. The best practice is to obtain a full search, described below. Read more about trademark searching here. Preliminary screening searches typically cost a few hundred dollars.
2. Full Trademark Search
A full search involves engaging a professional search company to conduct a search on the proposed mark in the USPTO database, state trademark registrations, websites, domain names and common law sources. The purpose is to two-fold: 1) to ascertain the risk of adopting a mark i.e. whether doing so is likely to cause confusion with a third party’s prior rights, and 2) to ascertain whether the mark can be registered as a trademark with USPTO. We will review the search and provide a written summary of our views as to whether the mark is available for use and registration. Some clients decide not to obtain a full search, the risks are discussed in our blog post here. The price to obtain and review a full trademark search is usually between $1,000 and $1,500.
3. Trademark Application
Assuming the mark is available, it is generally advisable to apply to the USPTO for a federal trademark registration, which grants nationwide rights and puts third parties on notice of your rights. Mertzel Law will guide you through the process one step at a time. We offer flat fees for our trademark applications. depending on the number of classes. We do not publish our price list, but you should expect to spend at least $1,400. Additional fees apply to trademark applications based on intent-to-use.