What fees required to register trademark? A detailed explanation of cost involved in registering trademark!

Fees for requesting patent attorney for trademark registration

I would like to file an application for trademark registration, but I’m not comfortable going through the procedure myself. So I’m thinking of requesting a patent attorney for the task. How much will it cost (fees)?

When requesting a specialist (patent firm: patent attorney) for the procedure, a stamp fee is charged in addition to the patent attorney’s fee. The fees vary depending on whether a search is conducted before filing the application and the scope of the trademark rights you wish to obtain.

Well, I’d like to know how much it will cost, checking the variable factors.

This article will discuss “patent attorney’s fee” relating to trademark registration.

Fees for Trademark Registration

Fees related to trademark registration are put into two categories: “fees paid to patent attorneys (fees)” and “fees paid to the Patent Office (patent stamp fees)”. The total cost of trademark registration is approximately as follows:

*Online services are operated by patent attorneys (patent firms) and allow for speedy procedures with lower prices on a website while guaranteeing a certain level of service.

In this article, the costs of using a patent attorney (patent firm) are explained below.

When Fees Incurred ?

The timing of fees inevitably incurred until completion of registration of a trademark is: at filing of application and at registration of application. Other timing includes “at trademark search before filing an application (at searching)” and “at filing response when the JPO examination determines that the trademark cannot be registered (interim time). The timing of “renewal” to maintain the right after registration is also included. The following is a time order of the steps.

• “At searching” => Fee to check the possibility of registering a trademark before filing an application.
• “At filing” ⇒ Fee for preparing and submitting documents to file an application with the Patent Office
• “Interim time” => Upon receiving examination result that the application cannot be registered with the contents as they were at the time of application, fees for preparing and submitting documents to revise the contents of the application or to refute the examiner’s decision.
• “At registration” => Fees for registering rights after receiving the examination result that the right can be registered.
• “At renewal” ⇒ Fees to maintain registered trademark rights.

At Searching

This is the cost to have a patent attorney or other expert investigate and determine the possibility of registration of the trademark including the presence or absence of risk.

The amount of the search fee generally ranges from 0 yen to 50,000 yen (patent stamp fee is 0 yen).

Since “the trademark search” is not a procedure with the Japan Patent Office, there is no need to pay for patent stamps. In addition, there are search firms that undertake trademark searches, a specialty not limited to patent attorneys alone.

The search uses a database with accumulated application registration information to check whether a similar trademark has already been registered. It is important to determine the scope of the trademark to be acquired for the search. The advantage of using a patent attorney for the search is that you can get an expert opinion on this point. See also the following article.

At Filing

In order to obtain trademark rights, you must first file an application with the Patent Office for the trademark you wish to register. The stamp fee varies depending on how many classes (45 classifications of goods or services to be covered) you wish to register your trademark.

The fee for filing an application is the procedural cost of preparing and submitting to the JPO a document describing the contents (trademark and designated goods (services)) for which you wish to obtain rights, and ranges from 10,000 yen to 50,000 yen for one class. The total cost including the patent stamp fee is approximately 22,000 yen to 52,000 yen.

In Interim

If an JPO examiner determines that the application cannot be registered, a “Notice of Reason for Refusal” is issued. This notice provides an opportunity to refute the decision, and it is possible to reach registration by modifying the contents of the application or refuting the JPO’s decision. This is not a cost that is always incurred, as it is sometimes possible to register a trademark without receiving a reason for refusal.

The fee incurred in the interim vary greatly depending on the difficulty of the response, but are generally expected to range from 0 yen to 100,000 yen. In principle, no patent stamp fee is charged, but if the number of classes increases, a stamp fee will be charged for the increased number of classes.

At Registration

After filing an application, if the examination by the JPO reveals no grounds for refusing registration of the trademark, the applicant will be notified of the registration decision. By paying the registration fee within 30 days of receiving the decision, the trademark will be registered as a trademark right.

The fee at the time of registration often consists of a procedural fee for paying the registration fee and a success fee, which ranges from 0 to 40,000 yen for one class and from 30,000 to 60,000 yen in total, including the cost of patent stamps (for five years).

At Renewal

Unlike other intellectual property rights, specifically patents, utility models, and designs, trademark rights do not expire at the end of their duration but can be maintained through renewal procedures. Renewal of trademark rights is allowed because of the nature of business credibility that is created by using a trademark for a long period of time. Therefore, trademark rights can last semi-permanently.

The fee at the time of renewal often consists of a procedual fee for paying the renewal fee and a fee for term management, which ranges from 10,000 yen to 30,000 yen for one class and from 35,000 yen to 55,000 yen in total including the cost of patent stamps (for five years).

I see! The overall cost seems to be very different depending on whether you use a patent attorney or use an online service. The cost is not set unlike the fees paid to the patent office. So there’s a difference from patent attorney to patent attorney and even from online service to online service.

Summary

The cost of trademark registration varies depending on whether you request a professional (patent firm or patent attorney) to perform the procedure or whether you perform the procedure yourself.

• The cost when using a specialist (patent firm/patent attorney) to complete the procedures ⇒ Approx.140,000 yen and up
• The cost when using online services ⇒ Approx. 50,000 yen and up
• The cost when registering a trademark on your own ⇒ Approx. 30,000 yen and up

We hope you have an idea of the costs. Based on the content and circumstances of the trademark you wish to register, please choose an appropriate method and register your trademark!