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The Price of Trademarks

by Marilyn Taylor

posted in Legal : Intellectual Property

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So you have been thinking about filing a trademark for use, but then you stopped to think about filing for an intent-to-use application.  How much does each cost is something you may be wondering.  Here is an example of one of these below:

If your trademark is in use at the time of filing the application should be filed as a use-based application under what is known as Section 1(a).  However, if the trademark is not in use as of the date of filing it is required to be filed as an intent-to-use  application under Section 1(b).  If it is filed as an intent-to-use mark, additional fees will apply in order to get the mark registered.

In short, should the USPTO deem the application worthy of registration rather than receiving a Certificate of Registration like a use-based application, an intent-to-use application receives what is known as a Notice of Allowance.

The Notice of Allowance is akin to a permission slip which allows the applicant to complete the registration process and receive its Certificate of Registration upon filing what is known as a Statement of Use.  This subsequent filing, however, requires an additional charge of $100 per class of goods and services.

Accordingly, if you have a 2-class intent-to-use  application filed under the TEAS system the fees to register the mark would look something like this:

Application Fee = $650 (2 x $325);

Statement of Use Fee =  $200 (2 x $100);

Total Fees to Register a 2-Class Intent-to-Use Application = $850.

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