Good question, but one that’s not so easy to answer. That’s because there are many variables. Lawyers’ fees may vary depending upon your geographical region, the size and type of law firm you retain, the nature and complexity of the work, and the type of fee arrangement. For example, attorneys are more likely to charge flat fees for filing trademark applications than for filing a cancellation action or appeal before the Trademark Trial and Appeal Board, which is more likely to be charged at an hourly rate.
Obviously, lawyers in New York City or Chicago will cost a lot more than lawyers in Scranton, Pennsylvania. Big firms typically charge higher fees than small firms or solo practitioners. If you choose a trademark service that may have lawyers on staff, the fees may be less than if you retain a law firm. Fees will also vary depending on whether you are charged a flat fee or an hourly rate.
So, How Much Will a Trademark Lawyer Cost Me?
Okay, let’s stop with the generalizations and get to specifics. It goes without saying, your first criterion should be experience not price. That being said, retain a big law firm and you are likely to be charged between $1000 and $2000 plus USPTO fees to file a trademark application. Choose a trademark service and you may pay as little as $69.00 plus USPTO fees. Hire a lawyer from a medium or small law firm, you make pay between $500 and $1,000 plus USPTO fees to file a trademark application.
Why the Huge Disparity?
There are a number of factors. On the low end of the scale, when you use a trademark service, you may not be hiring a trademark attorney (or any kind of attorney) and you will not receive legal advice. The trademark service may not perform a trademark search — a critical step — or advise you as to whether your proposed trademark is even registrable. The service may not respond to the office actions or will do so for an extra fee. In other words, you are left on your own. On the high-end, you will be working with a trademark attorney who will provide you with advice on registerability and other aspects of the legal process, respond to office actions, and docket your trademark for future actions, including trademark maintenance and renewals. In other words, you will receive full service.
At Lipton, Weinberger & Husick, we typically charge a flat fee for filing a trademark application, meaning no surprises. Call 610-565-7630 for your consultation.
