A restaurant trademark on your restaurant’s name, logo, or signature menu item is an investment in your brand’s future. One of the most common questions restaurant owners ask is: how much will it cost? While the costs can vary depending on several factors, understanding the fees and potential expenses will help you budget effectively. In this post, we’ll break down the costs associated with filing a restaurant trademark, from government fees to potential legal expenses, and offer tips to maximize your investment.

Understanding the Costs of Filing a Restaurant Trademark

The total cost of filing a trademark depends on several factors, including the type of mark you’re registering, the number of classes it covers, and whether you hire professional assistance. Here’s a detailed breakdown:

1. USPTO Filing Fees

The United States Patent and Trademark Office (USPTO) recently adjusted its fee structure, impacting various aspects of the trademark application process. Understanding these changes is crucial for planning your restaurant trademark budget:

• Trademark Base Application: $350 per class of goods/services.
  • Requires adherence to stricter requirements, such as using pre-approved descriptions from the USPTO ID Manual.
  • Best for applicants who can meet all criteria for a streamlined process.
• Fee for Using Custom Description of Goods/Services: $200 per class of goods/services.
  • Provides flexibility to create custom descriptions for goods/services but comes with a higher fee.
• Fee for Long Identification Descriptions: $200 for each additional 1,000 characters beyond the first 1,000.
  • If you go beyond 1,000 characters to describe the goods and services you provide, it will cost you. 
• Insufficient Information Fee: $100 per class for failing to meet specific new requirements.
  • There are 20 requirements that need to be met to not trigger the $100 insufficient information surcharge. These include things like owner information, English translations of foreign words, failure to claim ownership of previously registered marks and more. 

2. Attorney Fees

While not mandatory, hiring a trademark attorney can greatly increase your chances of receiving a restaurant trademark registration. Attorneys can:

• Conduct comprehensive trademark searches.
• Draft and file your application.
• Respond to USPTO office actions.
• Keep long term costs lower by properly filing the application and identifying potential issues at the beginning.

I offer flat-fee trademark services designed to simplify the process and provide you with clarity on costs upfront. With my services, you’ll receive a detailed breakdown of expected fees and personalized guidance to help ensure your application is filed correctly and efficiently. Protecting your brand starts here—reach out today to learn more about how I can assist with your restaurant trademark needs.

3. Trademark Search Costs

Conducting a trademark search is a critical step to ensure your desired mark isn’t already in use. While you can perform a basic search for free using the USPTO database or Google, a professional search provides a more thorough analysis. I offer a specialized restaurant name search package, where I’ll conduct a detailed search of a set number of names for a flat fee. If you have a list of potential names or need guidance, reach out to customize a package that fits your needs and ensures you start the process with confidence.

4. Potential Office Actions

Receiving an office action from the USPTO can be a common hurdle during the trademark application process. An office action is an official letter that outlines any issues or objections the examiner has identified with your application. These can range from minor administrative errors to more complex legal concerns like a likelihood of confusion with an existing trademark. Responding to office actions requires precision and a thorough understanding of trademark law to address the USPTO’s concerns effectively.

Examples of common office actions include:

• Descriptive Marks: When the USPTO believes your trademark merely describes your goods or services, making it difficult to register.
• Likelihood of Confusion: If your mark is deemed too similar to an existing trademark in the same or related class.
• Specimen Issues: When the submitted proof of use doesn’t meet USPTO requirements.

Working with an attorney can streamline the response process, increasing the likelihood of resolving the issues and advancing your application.

5. Potential Opposition Proceedings

If your trademark faces opposition during the publication period, you may incur additional legal costs to defend it. The costs of opposition proceedings can vary widely depending on how far the case progresses. While some disputes are resolved quickly through settlements, others may extend for years, resulting in significant legal expenses and resource commitments.

6. Trademark Monitoring and Maintenance

Once registered, you’ll need to use and maintain your trademark to keep it active. This involves periodic filings and fees:

• Maintenance Fees:
  • Between the 5th and 6th year: $575 per class.
  • Between the 9th and 10th year: $650 per class.
  • Every 10 years after that: $650 per class

Hidden Costs to Consider

1. Refiling Fees

If your application is denied or abandoned due to errors, you may need to refile and pay the fees again. Working with an experienced attorney can help prevent this.

2. Rebranding Costs

If your desired trademark is unavailable, you may need to rebrand, which could involve new signage, marketing materials, and online updates.

Why Trademarking is Worth the Investment

While trademarking your brand involves upfront costs, it provides significant long-term benefits:

1. Brand Protection

A trademark ensures your name, logo, or slogan is exclusively yours, preventing competitors from copying your brand.

2. Legal Enforcement

Registered trademarks provide stronger legal rights, making it easier to take action against infringers.

3. Increased Brand Value

A registered trademark adds value to your business, especially if you plan to franchise or sell it in the future.

4. Customer Trust

A trademark signals professionalism and builds trust with customers who recognize your brand as legitimate and established.

Steps to Minimize Costs While Maximizing Protection

1. Conduct a Thorough Search: Avoid refiling fees by ensuring your desired mark is available before submitting your application.
2. File Correctly the First Time: Adhere to USPTO guidelines to reduce the risk of errors.
3. Work with a Trademark Attorney: While it adds to the initial cost, professional guidance can save you money in the long run by avoiding common mistakes.

Trademarking your restaurant’s brand is a worthwhile investment that protects your identity and sets the stage for future growth. While the costs can vary, understanding the expenses involved and planning accordingly will help you navigate the process with confidence. Don’t let the fear of upfront costs hold you back—the long-term benefits of securing your trademark far outweigh the initial investment.