How much does a trade mark cost?

Words by Dr. Martin Douglas Hendry

How much does it cost to file a trade mark application?

So, you are looking to file a trade mark (or as we say in the US "trademark") - congratulations!

Registering a trade mark is not free and there are a number of factors that influence how much it costs.

In this quick answer guide, I will take you through what the main factors are and how this may affect the cost of securing your brand.

These costs include:

1. Official fees that are paid to the relevant intellectual property office (non-refundable if the trade mark fails to be registered)
2. Professional fees that are paid to solicitors and trade mark attorneys to make sure the trade mark is as strong a brand and likely to be registered as possible
3. Agents fees, in the case of a trade mark being registered in a different country

I will explain more below.

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How much does it cost to trade mark a name in the UK

The cheapest possible UK trade mark costs (1 mark in 1 class) £170.

If you are looking to register the trade mark in additional classes (e.g. it could be a computer company, registered also for clothing, if the brand would be used on merchandise) there is an additional fee of £50 per class.

In this case, £170 (plus £50 per class) is paid to the IPO to submit a trade mark application.

This cost does not include any professional advice from trade mark attorneys who:

1. review the trade mark to make sure that it is something that will be accepted by the examiner and is aligned with trade mark law.
2. undertake a clearance search to make sure that there are no identical or similar marks on the register which could result in a trade mark opposition.

Trade mark opposition proceedings can stall the process of securing a trade mark registration, at best.

They can be costly and should the other side be successful - result in the application being rejected with loss of application fees.

In addition to this, if the trade mark is already be being used, in the worst-case scenario this may result in the opposer then seeking redress under trade mark infringement proceedings.

Most businesses utilise intellectual property solicitors or trade mark attorneys - as the length of time it takes to secure a trade mark and the potential risks of getting it wrong can be costly.

A £170 application without assistance is a "shot in the dark" carries a risk of:

• Failed registration and loss of fees
• A weak brand that does not protect your desired usage
• Opposition from an existing trade mark owner with an identical or similar mark
• Trade mark infringement proceedings from existing trade mark owners

A comprehensively compiled trade mark application requires a budget of £700-1200 for one class with a proportionate uplift for additional classes - should thorough diligence be applied to the clearance search and application.

How much does it cost to register a trade mark internationally?

Many businesses seek to protect their brand internationally.

This is becoming more common, as businesses find a lot of exposure online and on social media platforms.

This means that they grow their reputation across borders faster than ever.

Protecting a trade mark internationally requires a tactical approach as "a blanket" style registration will be challenging in terms of likelihood of success and associated cost.

There is no "world trade mark"! Instead, a trade mark is registered in individual countries or groups of countries (e.g. an EU trade mark covering the EU). 

Typically, the best approach is a staggered one that focuses on key marketplaces in sequence - though there are a number of approaches that can be taken to gain coverage quickly and at the most efficient cost.

The WIPO (World Intellectual Property Organisation) offer trade mark applicants the possibility of an expansive international trade mark registration via the Madrid System.

Here a single set of fees are paid to the WIPO with an expansion of cost depending on the number of jurisdictions and classifications you are registering in.

It is important to also note that applications to each country will be examined in accordance with their own national laws and regulations and as such typically require an agent well versed in local law to administer successfully.

Again a trad emark application with international exposure is proportionally exposed to the risk of opposition or infringement proceedings if undertaken incorrectly. As such, most people will instruct specialists who are experienced in international registrations and searches.

It is difficult to imagine an international trade mark being registered with a budget of less than £3000 - and the cost is dependant on the trade mark being sought, classifications, and jurisdictions.

Notably, however, a worldwide brand is an incredibly valuable asset that generates goodwill and revenue far beyond the cost of registration should it be done inline with commercial strategy.

Because of this, it is often more commercially appropriate for businesses to work with a trade mark lawyer to build up their trade mark protection in priority countries on a sequential basis and in line with profits derived and reinvested into the brand.

How much does a US trade mark cost?

The United States is an important market for many businesses.

To protect a trade mark in the US, the owner must file an application at the USPTO (United States Patent and Trademark Office) is required.

If you have filed a pre-existing trade mark with a UK law firm, they will typically be able to register your US trade mark via trusted local trade mark agents in the US.

A single trade mark in a single class in the US costs $1050 to register without any professional fees or agents fees involved.

Depending on the trade mark in question, and the classification being sought for protection, a minimum budget of £1350 is a good place to start when seeking to register a US trade mark.

Note also that only a US trade mark agent can respond to objections raised by the USPTO when the application is examined.

In addition to this, the US trade mark registry is one of the most congested in the world and within a litigious environment. As such it is important to be sure that your trade mark application is prepared properly before filing.

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Who are Virtuoso Legal?

Virtuoso Legal is a team of intellectual property specialists based in Leeds and London - operating worldwide. Virtuoso Legal's team of IP experts have successfully tried cases in the IPEC, High Court, Court of Appeals and United Kingdom Supreme Court. In addition, the team assist companies in creating, commercialising and protecting the big ideas that make their business unique. The firm and its professionals are ranked yearly in legal directories such as the Legal 500 and Chambers and Partners, cementing their status as a Top 2% law firm in the world.

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