If you are asking how much does it cost to trademark a phrase, the current federal application fee starts at $350 for each class of goods or services. Your final cost depends on the number of classes, filing basis, application details, legal help, and issues that arise during examination.
Key Takeaways
- The USPTO base application fee is $350 per class of goods or services.
- Using multiple classes multiplies the base filing fee, even when all classes cover the same phrase.
- An intent-to-use application requires a later filing and fee before registration.
- Searches, attorney services, Office Action responses, oppositions, and enforcement are separate from the application fee.
- Federal registrations require maintenance filings after registration.
- Copyright generally does not protect a short phrase or slogan as a standalone work.
How Much Does It Cost to Trademark a Phrase?
The minimum cost to file a federal trademark application for a phrase is $350 for one class. The USPTO charges this base application fee for each class of goods or services included in the application. The fee applies to phrases, slogans, words, business names, and logos submitted through the federal trademark system.
The USPTO replaced the former TEAS Plus and TEAS Standard fee structure with one base application fee. Applicants may owe additional fees if they use a custom description instead of selecting goods or services from the USPTO ID Manual, omit required application information, or submit an unusually long identification.
| USPTO Application Item | Current Fee | When It Applies |
|---|---|---|
| Base application | $350 per class | Every new federal trademark application |
| Custom identification of goods or services | $200 per class | When you do not use an approved ID Manual entry |
| Insufficient application information | $100 per class | When required base application information is missing |
| Excess identification characters | $200 per additional 1,000 characters per class | When a goods or services description exceeds the permitted initial length |
Check the current USPTO trademark fee schedule immediately before filing because fees can change. Filing fees generally are not refunded if you withdraw the application or the USPTO refuses registration. If you are protecting a company name rather than a slogan, see the separate breakdown of the cost to trademark a name.
Why Trademark Classes Change the Cost to Trademark a Phrase
A trademark class is a category of goods or services. The USPTO charges the application fee by class because trademark rights attach to the commercial use identified in the application, not to words in every possible setting.
Suppose you use a phrase as a brand on T-shirts and also offer an online retail store under that phrase. Clothing and retail services can fall into different classes. A two-class application would therefore have a base filing fee of $700. Adding another class would add another $350 before any application surcharges or professional fees.
Do not add classes merely because they sound useful. You must have a valid filing basis for the listed goods or services. If you file based on current use, you also need acceptable evidence showing how consumers encounter the phrase in connection with each class. An inaccurate class or identification can create objections and may leave your important products or services outside the registration.
The USPTO's goods and services guidance explains classification and identification requirements. Its ID Manual provides preapproved descriptions that can help you avoid the custom-identification surcharge. Classification can still be difficult when a business sells goods, provides related services, or plans to expand. Choose classes according to actual commercial activity and realistic launch plans, not every conceivable use of the phrase.
Trademark a Phrase Cost by Filing Scenario
Your likely payment schedule becomes clearer when you separate mandatory government fees from optional professional services and later event-driven costs. The following examples assume the application meets the USPTO's base requirements and uses descriptions from the ID Manual.
| Scenario | Government Fees | Other Possible Costs |
|---|---|---|
| One-class DIY application based on current use | $350 application fee | Optional professional search, specimen help, or legal review |
| Two-class application based on current use | $700 application fee | Optional search and attorney fees, plus costs created by objections |
| One-class intent-to-use application | $350 initially, plus $150 for a later Statement of Use | $125 per class for each extension request, if needed, plus possible legal fees |
| Attorney-assisted application | The same applicable USPTO fees | Attorney charges for searching, strategy, preparation, filing, and follow-up work |
An intent-to-use filing lets you apply before using the phrase in commerce, but it does not eliminate the use requirement. You must later submit an acceptable specimen and Statement of Use before the mark can register. Extension requests may be available when use has not started, subject to USPTO requirements and limits.
Attorney charges vary by the application's complexity, number of classes, search scope, and included services. Some lawyers quote a flat fee for a defined filing package, while others bill separately for searches or later responses. Review what the engagement covers rather than comparing headline prices alone. The detailed guide to trademark attorney costs explains common billing arrangements and long-term expenses.
Can Your Phrase or Slogan Qualify for Trademark Protection?
Paying the filing fee does not guarantee that the USPTO will register your phrase. A phrase must function as a mark by identifying the source of particular goods or services. Common informational wording, ordinary messages, generic wording, and phrases used only as decoration may not perform that function.
Distinctiveness also matters. A phrase that merely describes a feature, purpose, or quality of the goods may face refusal or receive narrower protection than a more distinctive mark. The USPTO may also refuse an application when the phrase is likely to cause confusion with an earlier mark. The marks do not have to be identical. Examiners consider similarities in appearance, sound, meaning, and commercial impression together with the relationship between the goods or services.
Search the USPTO's trademark database before paying a nonrefundable filing fee. Check variations, alternate spellings, similar meanings, and related goods or services. A federal database search is only part of clearance because businesses can acquire rights through use without obtaining a federal registration. State records, websites, stores, industry directories, and other marketplace sources may reveal additional conflicts.
Finding an existing use does not automatically answer whether you can register your phrase. The relevant questions include who used the mark first, where each party operates, how similar the marks are, and whether consumers might believe the goods or services come from the same source. Before adopting wording owned by someone else, review the risks involved in using a trademarked word in advertising.
Additional Costs After the Initial Trademark Filing Fee
The $350-per-class application fee is only the mandatory starting point. Your total cost may include expenses before examination, while the application is pending, after registration, or when another party challenges your rights.
- Clearance work: The USPTO search system is free, but you may pay a search provider or attorney to investigate federal, state, and unregistered uses and assess legal risk.
- Intent-to-use filings: A Statement of Use currently costs $150 per class. Each permitted extension request costs $125 per class.
- Office Action responses: The USPTO may raise procedural or substantive objections. A response does not always carry a separate government fee, but correcting certain deficiencies or hiring counsel can add cost.
- Opposition and appeals: A third party may oppose the application after publication, or you may challenge a refusal. These proceedings involve separate filing and professional expenses.
- Maintenance: A Section 8 declaration filed between the fifth and sixth registration anniversaries costs $325 per class. A combined Section 8 and Section 9 filing between the ninth and tenth anniversaries costs $650 per class, with renewal filings required every 10 years afterward.
- Monitoring and enforcement: Registration does not make the USPTO police private infringement for you. Monitoring, demand letters, settlement negotiations, and litigation create separate expenses.
Optional filings can also affect your budget. For example, an eligible owner may request incontestable status through a Section 15 declaration, which has its own fee. Late maintenance filings can trigger grace-period surcharges, while missed deadlines can cause a registration to expire or be canceled. Always check current requirements before submitting a post-registration document.
If a search reveals similar marks, your phrase spans multiple classes, you are filing based on intent to use, or the USPTO sends an Office Action, you can post your legal need on UpCounsel's marketplace. A trademark attorney can analyze clearance results, select and describe the correct goods or services, prepare the application, and respond to objections or conflicts. Responses typically arrive within a day.
How to File While Controlling Trademark Costs
Careful preparation can reduce avoidable surcharges and the risk of paying for a replacement application. Start by identifying the exact owner. The applicant may be an individual or a legal entity, but naming the wrong party can create a serious defect that may not be correctable.
- Define the mark. Decide whether you are applying for the phrase in standard characters or as part of a stylized design. A standard-character application generally protects the wording without limiting it to one font, color, or presentation.
- Search for conflicts. Review federal records and relevant marketplace uses. Focus on similar marks used with related goods or services, not just exact phrase matches.
- Select the filing basis. File based on actual use when you are already using the phrase in qualifying commerce, or intent to use when you have a genuine plan to begin use.
- Choose accurate classes. Use appropriate ID Manual entries when they describe your goods or services accurately. Do not choose an incorrect description solely to avoid a fee.
- Prepare the specimen. For a use-based filing, submit evidence that shows the phrase functioning as a source identifier for the claimed goods or services.
- File and monitor the application. Submit through the USPTO trademark filing system, save the serial number, and review every official notice promptly.
You may use TM for goods or SM for services without a federal registration. Use the registered trademark symbol only after the USPTO registers the mark, and only in connection with the goods or services covered by that registration. Keep records of use, specimens, ownership changes, and maintenance dates after registration.
Trademark Versus Copyright Costs for a Phrase
If you are asking how much it costs to copyright a phrase, copyright may be the wrong form of protection. Copyright protects original works of authorship, but names, titles, slogans, and short phrases generally do not contain enough authorship to receive copyright protection by themselves.
Trademark law serves a different purpose. It can protect a phrase that identifies the source of goods or services and satisfies registration requirements. Protection is tied to the commercial context. Registering a slogan for clothing, for example, does not give its owner control over every appearance of those words in books, conversations, commentary, or unrelated industries.
A longer work containing the phrase may qualify for copyright even when the short phrase itself does not. A logo may also contain copyrightable artwork while functioning as a trademark, so different rights can overlap. For a closer comparison, see how to determine if a phrase is copyrighted or trademarked.
This cost breakdown covers federal applications for words, phrases, and slogans. State registration provides geographically narrower benefits under state law and uses a separate fee structure. Businesses focused on one state can review requirements such as Texas trademark registration. Logos, international filings, enforcement proceedings, and design patents require different cost analyses. Match the filing to the asset and the markets where you actually need protection.
Frequently Asked Questions
How Much Does It Cost to Trademark a Phrase in Multiple Classes?
It costs at least $350 for each class, so a two-class federal application starts at $700 and a three-class application starts at $1,050. Additional application fees may apply separately to each affected class. Before adding a class, confirm that it covers goods or services you currently offer or genuinely intend to offer under the phrase.
How Much Does It Cost to Trademark a Slogan?
A slogan has the same $350-per-class base application fee as another word mark. The more important issue is whether consumers perceive the slogan as identifying a commercial source rather than as advertising information or decoration. A prominently displayed slogan on a shirt, for example, may be treated differently from wording used on a label to identify the clothing brand.
How Much Does It Cost to Trademark a Word?
A federal application for one word starts at $350 per class. The USPTO does not charge less because a mark contains only one word. Registration also does not remove that word from ordinary language. The resulting rights concern confusing trademark use involving the registered goods or services, subject to the registration's scope and applicable defenses.
How Much Does It Cost to Get a Phrase Trademarked Without a Lawyer?
A one-class DIY application can begin with only the $350 USPTO filing fee if it satisfies all base requirements and uses an approved identification. Self-filing does not reduce later government fees, and it places responsibility for ownership details, classification, filing basis, specimens, deadlines, and responses on you. Consider the value of the phrase before deciding how much assistance to obtain.
How Much Does It Cost to Copyright a Phrase?
A short phrase ordinarily cannot be copyrighted by itself, regardless of the Copyright Office filing fee. Copyright may protect a longer original work or artwork that includes the phrase. If your goal is to stop confusing commercial use of a slogan associated with your products or services, trademark protection is usually the more relevant analysis.
Is It Worth It to Trademark a Phrase?
Trademark registration may be worthwhile when the phrase distinguishes a valuable product or service and you plan to use it consistently. Consider the cost of rebranding, geographic expansion, licensing plans, online marketplace enforcement, and the phrase's expected lifespan. A short-lived promotional message may justify less investment than a core brand intended for long-term national use.
Can I Trademark a Phrase That Is Already Being Used?
You may be able to register it if the existing use does not create superior rights or a likelihood of consumer confusion, but an exact-word search cannot resolve that question. Earlier unregistered use can matter, and similar wording may conflict even when it is not identical. Obtain a careful clearance analysis before investing in the application or a national launch.
