The simple question “How much does it cost to register a trademark?” It is in fact a question that is not easy to answer, since the answer to this question depends on many variables including the nature of the mark which affects the complexity of the examination procedure (generic mark, suggestive mark, Descriptive Mark, arbitrary mark), classes and list of goods and services of the mark affecting the fees, the countries in which we seek protection, etc.
However, there are number of basic guidelines that can be used to evaluate and plan the budget accordingly.
In this article we will present the various steps in the trademark registration process in Israel and general assessment regarding the costs of these steps.
It should be emphasized that the costs for filing trademark applications are estimates only and may vary depending on the complexity of the registration and examination procedure, government, international and state fees and in accordance with local attorney’s fees abroad.
Phase 1- the costs of searching for identical marks in the country where we interested in registering the trademark
The purpose of this step: examine whether the mark is new or whether any person in the relevant country has registered or filed similar application. Although this phase is not mandatory, we recommend perform a search in the Google search engine, in the database of trademark in Israel and in the WIPO database. In addition, the search services of the Patent and Trademark authority can also be used.
Costs: NIS 1500 to NIS 2,500.
Phase 2 – the cost of drafting a trademark application
As part of this phase, we prepare the trademark application in the appropriate form. Only one trademark can be protected in one application, but the protection of the trademark can be requested in relation to several classes of goods or services.
The classes of goods and services requested mast be must be specified in the form, in the space provided, and the details of the goods and services belonging to it must be listed next to each class of goods or services.
In Israel, the filing fee for a trademark application is calculated according to the numbers of classes of goods and services for which the registration is requested.
The cost of attorney’s fees: NIS 2,500 to NIS 3,500.
The cost of filing fees: 1795 NIS for one class and 1350 NIS for each additional class.
Phase 3 – the cost of Prioritized Examination of the trademark application
In special cases provided by law, it is possible to request an Expedite Examination of the trademark application. In order to get an Expedite Examination of the application, a reasoned application must be submitted with an affidavit detailing the special circumstances that justify an expedite examination.
The cost of attorney’s fees: NIS 2,500 to NIS 3,500.
The cost of Prioritized Examination: NIS 842.
Phase 4 – the cost of filing a trademark application abroad
There are two options for filing trademark applications abroad:(1) Thorough the Madrid Protocol; (2) Direct filing thorough a local lawyer.
Usually, filing through the Madrid Protocol is cheaper than filing thorough a local lawyer, but filing through the Madrid Protocol is more dangerous, because a basic application must be filed in Israel and by virtue of this application, the applications are filed abroad – the applications abroad depend on the Israeli application.
Filing an application thorough the Madrid Protocol is made in two steps:
- Filing an international application to the Trademark Registrar in Israel by virtue of the Israeli application.
The cost of filing fees: NIS 590.
- WIPO receives the international application from the Trademark Registrar in Israel, submits a request for payment of fees and after the payment the application is examined in the technological. As long as the technical examination is successful, an international application number will be received and the mark will be registered in each country.
- WIPO filing fee costs: Depending on the number of countries and the number of classifications.
- Costs for filing through a local attorney: depending on the requested country and the costs of the local attorney.
Phase 5 – examination of a trademark application
In this phase, it is necessary to respond to the Office Actions that are received from the authorities of each country in which the application for a trademark was filed. The cost of this phase depends on the complexity and scope of the Office Action and the local attorney’s fees for responding to the Office Action.
Costs: The costs of this phase cannot be estimated as they depend on the complexity of the Office Action.
Additional fees and expenses in the trademark registration process:
There are additional expenses such as: registration fees, advertising fees, and renewal fees.
In addition, there may be additional expenses that may be required depending on the circumstances of the case, such as: oppositions, requests for cancellation and more.
