Trademarks do not have to be registered to obtain rights to prevent others from using the same or a similar trademark, but federal registration significantly enhances these rights in a trademark. You can claim exclusive rights to use your trademark, after you have searched the USPTO’s database to be certain that it is available, simply by putting the symbol ™ after your product name each and every time you use it. It costs nothing to do this and it provides notice to others of your claim to this trademark. It is not a federally registered trademark, however. A trademark registration can be obtained from both the state and federal governments. If a product/service is going to be sold across state lines . . . think Internet sales . . . then a federal trademark registration should be obtained. The cost for having a law firm prepare and prosecute a trademark registration application varies according to the number of classes in which the goods and services are to be registered. We were quoted prices averaging from $1,000 to $3,000 to obtain a federal trademark registration. But the cost can be higher depending upon the existence of similar trademarks. There are no maintenance fees for federal trademarks but federal trademark registrations must be renewed every ten years. Renewal cost at this time is around $500.
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No matter what the initial fee is, you will not be required to come up with additional money until the first Office Action comes from the USPTO. This is not likely to occur for a year or longer, so you will have time to accumulate the money to pay for the response to that Office Action.
Your attorney’s or agent’s responses to the Office Actions will typically cost $2,500 for a response to the first Office Action and about $1,500 for a response to the second Office Action (if a second one is necessary). At this writing, the utility patent issue fee is $700 and your attorney or agent may add in his own fee for handling. Utility patents will have maintenance fees payable in six month windows which open at of 3 , 7 , and 11 years after the date the patent is granted, ranging from $450-$1,900 at this writing (based on which maintenance fee is being paid). Again, these are the USPTO fees and your attorney may charge a bit more for handling the payment of maintenance fees for you.