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The Zest

$49 to $199 trademark filing services: what the price leaves out

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A $49 to $199 trademark filing price usually pays for help getting the application form filled out and submitted, and not much more. The government fee, a search for similar names, a legal opinion on whether the name will register, and any response if the USPTO pushes back are typically extra or not offered at that price.

That doesn't make these services useless. It makes the advertised number the start of the bill, not the end. Here's what to look for before you check out.

The headline price isn't the total

Every federal trademark application carries a USPTO fee. The base fee is $350 per class, and it's the same no matter who files. A service that advertises $49 is advertising its own fee, with the government's fee on top.

Some services add their own fees too. Trademark Engine is a good example of reading the fine print. Its Basic package is listed at "$49 + applicable fee," and the note at the bottom of the page defines that fee as USPTO fees of $350 per class plus $100 "for services and platform access." For one class, that's $499 at the stated numbers. Prices change, so check the current price on their checkout page, and do the same math for any service you're considering.

The USPTO's surcharges

The base fee isn't the only government charge. The USPTO adds surcharges per class:

  • $100 if the application is missing required information.
  • $200 if you describe your goods or services in a free-form box instead of choosing from the USPTO's ID Manual.
  • $200 for each extra 1,000 characters of description.

A cheap filing that types your description in your own words can cost you $200 more per class than a filing that uses the ID Manual well. Trademark Engine's own fee note warns that the USPTO may charge $550 per class if the description doesn't fit the ID Manual. Writing that description is one of the places legal judgment saves real money. I walked through it in the article on the goods and services description.

What the search actually checks

Low-priced packages often include a search, but read what kind. Trademark Engine's package page describes its Basic search as meant "to avoid direct matches." Its help center describes Basic's search as a direct-hit federal search that "identifies exact matches of live and pending marks."

An exact-match search answers a narrow question: is someone already using these exact words? The USPTO asks a broader one. Its most common hard refusal is likelihood of confusion, which covers names that look, sound or mean something similar, used for related goods or services. A name can pass an exact-match search and still be refused. It can also run into someone with older rights who never filed federally at all.

A full search looks at similar names, state records and unregistered use. Some services sell that as an upgrade. Even then, ask whether you get a list of results or an attorney's written opinion on what they mean. Those aren't the same thing. See the article on free trademark searches for the difference.

The USPTO says only US-licensed attorneys can give legal advice or represent you before it, and that "agents" and "specialists" aren't attorneys. It tells applicants to ask for the attorney's bar number and check it with the state bar.

At the low end, the service may describe attorney review of the form, filing by "our legal team," or simply software that helps you file on your own. Those are three different products. Ask which one you're buying. Then ask who signs the filing. The USPTO says no one but you or your attorney can sign your trademark filing.

Office Actions aren't in the price

This is the biggest gap. An Office Action is a letter from the USPTO's examining attorney raising a problem with your application. Some are simple, like adding a disclaimer. Others are refusals that need a written legal argument.

Low-priced packages generally don't include responses. Trademark Engine, for example, sells Office Action responses separately, starting at $599. The USPTO gives you three months to respond to most Office Actions in an application. If you don't respond, the application is abandoned, and the filing fee you paid doesn't come back.

So the real question to ask any $49 service is: what does it cost me if the USPTO says no? If the answer is "a lot," the cheap filing only stays cheap when nothing goes wrong.

Refunds rarely cover the government fee

Read the refund terms. Most services can only refund their own fee, and only before work is done. Government fees are another matter. Trademark Engine's help center says USPTO fees already paid are generally non-refundable, "even if an application is later refused, abandoned, or withdrawn." That's true across the industry, because the USPTO keeps its fee whether or not the mark registers.

Where the cheap option makes sense

A low-cost service can be a reasonable choice when:

  • The name is distinctive, invented or unusual in your field.
  • You've already had a real search done and the name looks clear.
  • You sell one kind of product and need one class.
  • You can afford to start over if the application is refused.

It's a riskier choice when the name is a common word in your industry, describes what you sell, or you're about to spend real money on packaging, signage or inventory.

Here's what the research says about representation. A study by Deborah Gerhardt and Jon McClanahan of USPTO data found that about 82% of attorney-represented applications were approved for publication, compared with about 60% of applications filed without one. That gap is what a low price leaves on the table.

I'm a one-attorney flat-fee practice. One mark is $2,600, or three payments of $950. That covers the search, my written opinion, the federal application and procedural Office Actions, all done by me. The USPTO fee of $350 per class is on top. If you only want to know whether a name is safe, a search with a written opinion is $650, and it credits in full if you file with me within 14 days.

Every application Citrus Legal has filed so far has been approved. If my written opinion rates your mark low risk and the USPTO refuses it, I file a new application at no attorney fee. If your first search comes back high risk, one replacement search is free.

If you've already filed somewhere cheaper and an Office Action arrived, I respond to those too: procedural responses start at $425 and substantive ones at $1,600. Details are on the Office Action response page.

To have one attorney do the whole thing for one flat fee, start here.

Questions about your name? Email us at hello@citrus.legal, or book a paid 30-minute consultation (opens in a new tab) for advice on your specific situation.

Sources

This article is general information, not legal advice. Reading it does not create an attorney-client relationship.

When you are ready to own it

One mark. One flat fee. One attorney.

The search, the written opinion, the federal application and procedural Office Actions, for $2,600 or three payments of $950. Nothing is filed until you approve the search. If I call your mark low risk and the USPTO refuses it, I file again at no attorney fee.

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