How Much Do Trademark Lawyers Cost? featured image

How Much Do Trademark Lawyers Cost?

by John DiGiacomo

Partner

Trademark

If you have been searching “how much do trademark lawyers cost” — or something similar — the answer depends on what legal services you need. In general, trademark law firms provide about five types of legal services:

  • Assistance in the creation/pre-registration phase — this involves clearance searches to ensure that your new trademark does not infringe on existing trademarks and also involves complying with various rules about what a proper trademark is; for example, you cannot use a state flag in a trademark or a person’s likeness/name without permission
  • Registration process — this involves filing forms with the US Patent and Trademark Office
  • Registration maintenance — this involves the periodic filings and proofs necessary to keep your trademark registration active
  • Trademark policing — this involves matters like monitoring the marketplace for potential infringements and ensuring licensing agreements will not endanger your trademark
  • Trademark litigation — this involves both prosecuting and defending claims of infringement

There are other legal tasks that require the hiring of trademark lawyers such as registering trademarks at the State level and internationally, preserving trademarks from infringement through domain registrations, and more.

In terms of cost, aside from the fees paid to the USPTO or to the courts, the costs depend on the services being provided and what the trademark attorneys charge. But, generally speaking, the range of costs includes:

  • Clearance searches — often done as a flat fee arrangement, but can be charged by the hour depending on how complicated the proposed trademark is and the depth of the search
  • Range — from $250 for a basic search to $1,000+ for full-range searches
  • Registration Services with the USPTO — also often done as a flat fee arrangement, but will also be charged as hourly billing if the registration encounters a serious difficulty such as an Opposition
  • Range — from $750 to $1,250; most trademark lawyers charge anywhere from $300 to $600 an hour
  • Federal trademark registration maintenance — also often done as a flat fee arrangement
  • Range — from $500 to $1,000; however, assistance with required documentation — such as gathering acceptable specimens of use — is generally charged by the hour
  • Trademark infringement policing — typically charged by the hour, but, often, flat fee or discounts can be arranged for bulk-type policing such as for cease and desist letters and filing infringement notices with internet platforms
  • Range — most trademark lawyers charge anywhere from $300 to $600 an hour
  • Trademark litigation — typically charged by the hour, but some trademark law firms can accept a contingency fee arrangement for filing and prosecuting a trademark infringement claim
  • Range — as noted, most trademark lawyers charge anywhere from $300 to $600 an hour; a contingency fee case will generally mean the attorneys’ fee is one-third of the money recovered; litigation is additionally expensive since there may be many thousands of dollars in litigation expenses for such matters as document discovery, witness depositions, and expert witnesses/opinions

Contact The Trademark Attorneys at Revision Legal For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.

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