Answer FileIntellectual Property

How much does it cost to trademark a name in California?

The answer, cited

Two components: government filing fees paid to the USPTO, charged per class of goods or services and adjusted periodically, and attorney fees, which are commonly flat-fee for a clearance search and application under 15 U.S.C. § 1051. A cheaper California-only state registration exists under Business and Professions Code section 14200 et seq.

Budget for two separate costs. The government side is the USPTO filing fee, charged per class of goods or services and adjusted periodically, plus fees at the maintenance filings that keep a registration alive (15 U.S.C. §§ 1058–1059). The professional side is attorney work (clearance searching, drafting the identification of goods and services, responding to office actions) often priced as flat fees; ask what the flat fee includes, since office action responses are commonly extra. A federal application under 15 U.S.C. § 1051 buys nationwide priority and legal presumptions. A California-only alternative exists: state registration with the Secretary of State under the Model State Trademark Law (Business and Professions Code section 14200 et seq.) costs less but protects only within the state. The most expensive mistake is skipping the clearance search, rebranding after a demand letter, or losing an application to a prior registrant, costs far more than searching first. Fee agreements belong in writing under Business and Professions Code section 6148.

Authority: 15 U.S.C. § 1051

Source: 15 U.S.C. § 1051 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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