Protecting a trademark does not necessarily require registration, but the level of protection granted to common law marks is significantly limited when compared to federally registered marks. How much does it cost to hire a federal trademark lawyer? Read on to find out.
Federal Trademark Registration – Understanding the Basics
There are two options for trademark registration – registering with the state where the mark is used in commerce or file for a federal trademark with the United States Patent and Trademark Office (USPTO).
State registration is generally cheaper and faster to secure, but USPTO registration offers superior protection. Some of the advantages include nationwide protection, a basis for international registration, and the presumption of validity in case of legal disputes.
Federal trademarks supersede both common law (unregistered) and state-registered marks, which largely compensates the costs and time invested during the application process.
One of the most important elements to ensure the approval of a trademark with USPTO is working with a well-versed attorney. US trademark law and USPTO rules for application are complex to navigate as a non-lawyer, which often results in the refusal of trademark registration.
How Much Does it Cost to Hire a Federal Trademark Lawyer? – A Realistic Overview
The costs to hire a federal trademark attorney in Florida will depend on the legal advisor chosen to guide you during the process. It is vital to work with a licensed attorney that is familiar with the process.
Relying on an attorney that is not familiar with USPTO applications will only result in a lengthier process, as the professional will have to learn the process and charge higher fees.
Many attorneys work based on an hourly fee, which must be paid by the client every month. While this method may work efficiently for some clients, a trademark attorney may also offer services for a flat fee.
On average, the average amount paid in attorney’s fees to a USPTO application lawyer in Florida range between $1,000 and $2,000. Please note that this estimated amount does not include filing fees, appeals, and other possible demands.
Ultimately, each case is different and particular circumstances may also affect the total amount of fees.
Do I Need an Attorney to Apply for Trademark Registration with USPTO?
Relying on an experienced legal advisor to apply for trademark registration with USPTO can exponentially reduce the risk of costly delays or even refusals. Before applying, the attorney will identify whether the proposed mark meets USPTO’s criteria for registration.
Additionally, a seasoned lawyer will conduct a thorough trademark search to verify the existence of confusingly similar marks that already exist. Failing to file a proper application with USPTO may result in the loss of a fee amount that ranges between $225-$275.
Another important factor is the risk of inadvertent infringement or dilution of the trademark if there is no comprehensive trademark search before the registration. It is not hard to find cases of trademark litigation resulting in damages over $380,000 paid to the injured party.
The guidance of a well-versed attorney can prevent a stressful experience involving expensive and time-consuming litigation.
Protect Your Trademark Rights – Immediately Seek Expert Legal Guidance
Waste no time with uncertainty. Contact Trademark Attorney Romy B. Jurado by calling (305) 921-0976 or emailing [email protected] to find a cost-effective solution for your case.
