These are the costs of a trademark application
If you want to apply for a trademark, you should think about the costs involved in the application process. For example, it is a widespread misconception that the costs of a trade mark application are limited to the application fees. In this article, we would like to show you what costs you should expect when filing a trade mark application and where you should not cut corners.
How do I register a trademark?
The registration of a trademark takes place in several steps:
1. Search: A comprehensive trademark search should first be carried out to ensure that the desired trademark or a confusingly similar one is not already registered. This minimizes the risk of conflicts with existing trademarks.
2. Decision on the type of application: Depending on the objective, the application can be filed with the German Patent and Trademark Office (DPMA), the European Union Intellectual Property Office (EUIPO) or via the Madrid system for international trademark protection.
3. Completing the application: The application for a trademark application includes details of the trademark, the owner and the desired classes of protection (also known as trademark or Nice classes). This can be done online or on paper. Fees are lower for electronic applications.
4. Filing the application: The completed application must be submitted to the DPMA or another office together with the relevant fee.
5. Examination and publication: After filing, the office examines the application for formal and substantive criteria. If the examination is positive, the trademark is published and the term of protection is usually ten years. Renewal is possible at any time.
You can find out how to protect your trademark in another article on our website.
Costs for the trademark application
When registering a trademark, there are different costs that you need to take into account in your planning. These vary depending on the type of application, the scope of protection and the selected protection classes. Basically, the costs can be divided into application fees, fees for the search and costs for legal advice.
Official fees for trademark applications
First of all, there are the obvious costs, the official fees charged by the respective patent and trademark office. These are as follows (as of 2024):
- Application fees at the DPMA: The basic fee for applying for a trademark at the German Patent and Trade Mark Office (DPMA) is currently 300 euros if the application is filed by post. If the application is filed electronically, this fee is reduced to 290 euros. In both cases, the fee covers up to three classes of protection that can be taken into account in the application. If a trademark is to be registered for additional classes of protection, an additional 100 euros per class will be charged.
- Costs for the EU-wide trademark application: For a Europe-wide application via the European Union Intellectual Property Office (EUIPO), the application fee is 850 euros for the first class. The fee increases for each additional class of protection: 50 euros for the second and 150 euros for each additional class from the third.
- International registration and costs: If trademark protection is desired beyond the borders of Germany and the EU, an international registration can be expedient. In the case of an application via the so-called Madrid System (WIPO), which enables international trademark protection, the fees depend on the scope of protection selected. In addition to a basic fee, there are additional costs per selected country or region in which protection is desired. When applying for international trademark protection, it should be noted that a national or regional (e.g. EU) basic trademark must first be available, which is then extended internationally.
Costs for the trademark search
The major part of the costs for a trademark application is legal advice, which should be sought in any case. In addition to legal and strategic advice, this also includes a comprehensive trademark search in which conflicts with existing trademarks are checked.
Hiring a specialized patent attorney for a trademark search usually costs between 350 and 1,500 euros for a search in Germany, depending on the amount of work involved and the complexity of the search. A European or international search is expensive due to the larger scope of work. A lawyer can carry out a thorough analysis and also provide legal assessments, which offers additional security.
The costs of a trademark search should be seen as an investment in subsequent trademark protection. A thorough search helps to avoid legal conflicts and significantly increases the chances of success of a trademark application. Applying for a trademark 'in the blue' can have considerable legal consequences and is therefore not recommended.
Costs for the trademark application
In addition to the trademark search, the list of goods and services for the trademark is also drawn up by a lawyer. This also includes, for example, advice on whether the trademark can be protected at all for the claimed goods and services for which it is to be registered. So-called absolute grounds for refusal, such as the descriptiveness of the sign for the goods or services claimed, may prevent registration.
Comprehensive legal advice includes in particular
- Conducting a comprehensive trademark search to identify potential conflicts with existing trademarks.
- Advice on optimal brand selection and classification to ensure the best possible protection.
- Preparation and timely submission of the application to the responsible office.
- Monitoring the entire application process to ensure that all deadlines are met.
- Trademark monitoring after registration to detect imitators. This includes monitoring new third-party trademark registrations that could infringe your own trademark and taking appropriate steps, such as oppositions or warning letters, to enforce your trademark rights.
The formal costs for the trademark application depend on the territorial scope of the desired trademark protection and are usually structured as fixed prices. This pricing allows you to clearly identify and plan the costs in advance.
We offer graduated fixed prices for trademark applications, which vary depending on the type of application - national, Europe-wide or international.
We offer a special price for the first trademark application. This is not only a cost-effective solution, but also allows you to experience the quality of our services.
For detailed information on our prices and scope of services, please contact us at any time. We will be happy to answer all your questions and find a customized solution for your trademark application.
Further costs for a trademark application
In addition to the actual costs for the trademark application, further expenses arise over time that should be taken into account when planning.
For example, after a term of protection of generally ten years, the trademark must be renewed in order to maintain protection. The costs for the renewal depend on the territorial scope and generally correspond to an amount in the order of the original application fees.
If a third party files an opposition against the trademark application, additional costs may be incurred. A thorough trademark search prior to filing minimizes this risk considerably. Opposition proceedings can be expensive and can very quickly cost between 5,000 and 15,000 euros, depending on the complexity of the case and the effort required.
In order to protect your own trademark in the long term, it is also advisable to set up a trademark monitoring service, also known as collision monitoring. This service monitors new trademark applications that could potentially collide with your own trademark. Here too, the costs for monitoring vary depending on the regional scope. However, investing in such monitoring is important in order to be able to react to potential conflicts at an early stage and to maintain the trademark's protective effect in the long term.
Conclusion: These costs are to be expected
The costs of registering a trademark go beyond the initial fees. Careful planning and investment in comprehensive searches and market monitoring are crucial to ensure long-term protection and legal certainty. If you have any questions about the costs involved or the strategy for your trademark application, please do not hesitate to contact us.