Navigating the trademark registration process can be complex, especially when it comes to understanding the associated fees. One crucial step in this journey is filing a Statement of Use (SOU). This document is essential for demonstrating that your trademark is actively being used in commerce. In this blog post, we will provide an in-depth breakdown of the costs involved in filing a Statement of Use, helping business owners gain clarity on this financial aspect.
What is a Statement of Use?
A Statement of Use (SOU) is a declaration filed with the United States Patent and Trademark Office (USPTO) indicating that your trademark is being used in commerce. This step typically follows the issuance of a Notice of Allowance (NOA) and is required before your trademark can be officially registered.
Initial Filing Fee
The initial fee for filing an SOU with the USPTO stands at $100 per class of goods or services. This fee applies each time you submit an SOU, so it's essential to ensure accuracy and completeness to avoid unnecessary additional costs.
Example Breakdown:
- Single Class Application: $100
- Multiple Class Application: If your application covers three classes, the fee would be $300 ($100 x 3).
Extension Requests
If you are not ready to file your SOU within six months after receiving your NOA, you can request an extension. The USPTO allows up to five extension requests, each granting an additional six months. However, each request incurs a fee:
- First Extension Request: $125 per class
- Subsequent Extensions: Each additional request also costs $125 per class.
Example Breakdown:
- Single Class with Two Extensions:
- First Extension: $125
- Second Extension: $125
- Total for Extensions: $250
Additional Specimen Submissions
When filing an SOU, you must include specimens showing how your trademark is used in commerce. If the USPTO determines that your initial specimen does not meet their requirements, you may need to submit additional specimens along with new fees:
- Additional Specimen Submission Fee: Typically around $100 per class.
Example Breakdown:
- Single Class with One Additional Specimen Submission:
- Additional Specimen Fee: $100
- Total Including Initial Filing Fee: $200
Attorney Fees
While not mandatory, many businesses opt to engage attorneys specializing in trademark law to handle their filings. Legal fees vary widely depending on complexity and attorney expertise but generally range from:
- Attorney Consultation and Filing Assistance: Between $300 and $1,500 per class is a typical fee. However, if you work with Markavo, we can file your Statement of Use for just $125 in legal fees.
Example Breakdown:
- Single Class with Attorney Assistance:
- Average Attorney Fee: ~$800
- Total Including Initial Filing Fee without Extensions or Additional Specimens: ~$900
Potential Penalties and Late Fees
Failing to adhere to deadlines or submitting incorrect information can result in penalties or late fees imposed by the USPTO. These costs can add up quickly and impact your overall budget for trademark registration:
- Late Filing Penalties: Can range from minor administrative fees to substantial fines depending on severity and frequency.
Example Breakdown:
- Avoidable through timely submissions and accurate filings; however,
- Potential Penalty Range for Minor Infractions could start at ~$50 per incident.
Conclusion
Understanding the various fees associated with filing a Statement of Use helps business owners plan effectively for their trademark registration journey. From initial filing costs to potential attorney fees and penalties, being well-informed ensures smoother navigation through this critical process while avoiding unexpected financial burdens. By preparing adequately and considering all possible expenses upfront, businesses can safeguard their brand identities efficiently and economically.
Remember always to stay updated with current USPTO guidelines as these fees are subject to change over time.
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