Trademark Filing in 10 Easy Steps

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Trademark Filing Basics - Part 3

This is the third in a series of trademark filing basics.


Trademark Filing Application FeeApplication Fees
For current fees for trademark applications and amendments, please see the current USPTO Fee Schedule. Fee increases, when necessary, usually take effect on October 1 of any given year.

The basic fees are:

  • Application for registration, per international class (paper filing) $375.00
  • Application for registration, per international class (electronic filing, TEAS application)  $325.00

The fees cover a wide range of activities in trademarking including (as an example);

  • Application for registration, per international class (paper filing)
  • Application for registration, per international class (electronic filing, TEAS application)
  • Application for registration, per international class (electronic filing, TEAS Plus application)
  • Filing an Amendment to Allege Use, per class
  • Filing a Statement of Use, per class
  • Filing a Request for a Six-month Extension of Time for Filing a Statement of Use, per class
  • Petitions to the Director
  • Dividing an application, per new application (file wrapper) created
  • Additional fee for application that doesn’t meet TEAS Plus filing requirements, per class
  • Application for renewal, per class
  • Additional fee for filing renewal application during grace period, per class

The filing fee must be paid in United States currency. The USPTO accepts payment by credit card, check or money order, or through an existing USPTO deposit account. Personal, business and certified checks are accepted and should be made payable to “Director of the USPTO.”

A form for authorizing charges to a credit card can be accessed through all TEAS forms. If you are filing on paper, you can download the form for authorizing credit card charges from the USPTO website at http://www.uspto.gov/web/ forms/2038.pdf.

NOTE: If the application meets the minimum filing requirements and is given a filing date, the application filing fee cannot be refunded.

Classes
Trademark filing is based on the use of a mark for goods or services.  These goods or services are classified into common groups known as classes.  Registering a trademark means that you are registering a mark for a purpose that is contained within a class.

For a listing of classes, see  http://www.wipo.int/classifications/nivilo/nice/index.htm?lang=EN#

As an example,

CLASS 9

(Electrical and scientific apparatus)

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

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Trademark filing can be expensive.  Only select the Class (s) that you must have to sucessfully for registering a trademark.

Share your experience in trademark filing, particularly with fees or selecting classes below.  If you are interested in learning more check out our report Trademark Filing in 10 Easy Steps.

How has it worked out for you?  Patrick

Trade

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