What extra costs can occur during the trademark registration process?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

Two situations commonly give rise to additional costs after filing: an office action and an opposition.

An office action is a formal objection from the IP office examiner. Responding requires legal work, which carries additional fees. The cost depends on the complexity of the objection and the representative's rates. It is not mandatory to respond; the application can be abandoned, though this means losing all fees paid to that point.

An opposition is a challenge filed by a third party during the publication period. Defending an opposition or negotiating a settlement both involve additional legal work. Again, the application can be abandoned rather than defended, but at the cost of the fees already paid.

A trademark attorney should always provide a cost and success estimate before you commit to responding to either type of action.

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