Costs Associated with Trademarks and Patents


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When obtaining a trademark for a company, products or services, the costs may be extensive depending on how the owner decides to apply, and this could alter if he or she expands from one state to the nation or globally. Patents are equally expensive, and may be registered similarly through one location or around the entire world.

Trademarks and patents both run through the United States Patent and Trademark Office, and fees for trademarks are often much cheaper based on how the individual owner establishes his or her claim on products or the business brand. The application fees may range between $275 and $325 for each class of goods and services under the company. If the owner decides to file online or through an electronic outlet, he or she may see the cheaper amount of $275. However, it is important to have a lawyer to assist with the intellectual property issues and this could increase costs significantly. Renewing the trademark may cost as much or exceed $300 after the ten year mark.

Patent applications and fees range greatly in the type of invention, filing and other factors associated with the creation. This could mean a $1000 patent for something simple or up to and over $7500 for the inventionís first patent. If a lawyer is needed to assist with the filing, this may increase the costs and fees greatly. Additionally, if the first application is rejected, the owner may need to pay additional amounts to attempt the patent again. Different types of patents may also cost varying degrees along with any other considerations such as research and testing.

Factors for Patents and Trademarks

There are additional fees to consider when attempting to apply for trademarks. If the owner of the company has a state business only, his or her fees are often fixed unless he or she plans on expanded at one point. Then, the name of the business may need to change if there is another similar or exactly the same in the United States. The fees for expansion depend on the class and section of goods and generally range from $100 to $400 or more if there are multiple factors to consider. Then, the owner must determine if he or she plans on using the trademark for commerce or to hold the brand without intent to sell products.

Patent research is only the initial expense of creation the invention. These monies are generally out of pocket if the inventor is seeking to ensure his or her discovery has marketability and can be reproduced. However, the patent itself has varying degrees of costs greatly depending on numerous factors. Simple patents may range from $1000 to $1250 or if there are other elements, this could cost $5000 to $7500. When the invention is considered highly complex, the inventor may be spending $15,000 or more if he or she needs a lawyer to help with the application and process.

Additional Factors in Costs

For trademarks, the additional fees that could raise the usual amount depend on whether the owner of the trademark IP is looking to expand globally. Each country has a separate filing fee and application. While there may exist a group through certain processes that are bunched together, the documentation is still separate with rejection or approval. However, the base fees are increased when multiple types or different than standard products are sold. These are separated in sections, and federal fees as well as maintenance to retain the trademark costs more than simply applying for a ten year stretch.
Government filing fees for patents may start at just over $700 as a minimum when it is an individual or small business applying. However, the base minimum may go as low as $400, but there are other factors such as professional drawings of the invention which could add $300 to $500 on top of this. Then, if lawyer fees are another element to approval for the patent, this could increase costs up to $125 per hour or more. If software is involved in the creation, the filing fee alone could reach $16,000. The more determined the inventor, the greater heights are reached in fees.

Lawyers in Intellectual Property

The use of a lawyer for either trademarks or patents is an involved process with many hoursí preparation and assistance. For patents, a lawyer may become necessary to achieve success. Trademark registration could rely upon a legal representative that understands and knows about foreign matters, and then protecting the IP becomes another challenge afterwards.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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