Cost to Trademark a Name: Federal, State, and Legal Fees

The cost to trademark a name starts with government filing fees, but your total may also include search, service, attorney, additional-class, and maintenance expenses. Separating those charges helps you compare federal registration, state registration, and filing assistance accurately.

Key Takeaways

• The USPTO's base application fee is $350 for each class of goods or services.
• USPTO fees are separate from optional filing-service and trademark attorney charges.
• Additional federal fees can apply for incomplete information, custom descriptions, intent-to-use filings, and maintenance.
• A name, logo, phrase, design, character, band name, or nonprofit name does not have its own special fee schedule.
• State registration may cost less, but its protection is narrower and state fees and requirements vary.
• Federal application fees generally are not refunded if the application is abandoned or registration is refused.

How Much Do Trademarks Cost in 2026?

As of 2026, the USPTO's base application fee is $350 per class for applications filed under Sections 1 and 44. That is the government fee, not the complete cost for trademark registration in every case. You pay it once for each class of goods or services covered by the application.

These calculations assume that no additional USPTO fees apply. The fee pays for examination of the application. It does not guarantee registration, include legal representation, or cover every filing that may become necessary later.

The cost of trademarking a name and the cost of trademarking a logo follow the same per-class structure. Filing one application for a stylized logo does not necessarily protect the wording independently from the design. If you want separate protection for a word mark and a logo, you may decide to file two applications. Each application then has its own per-class fees.

You can confirm amounts on the USPTO's official trademark fee update. Check the current schedule before submitting because the USPTO can change its fees.

Why the Cost to File a Trademark Depends on Classes

The USPTO organizes goods and services into international classes. A clothing brand might need a class covering clothing, while a business that also operates retail services may need another class. The proper count depends on what you actually sell or provide under the mark, not merely how many products appear on your website.

Because the USPTO charges per class, class selection is often the largest variable in the federal trademark cost. One mark covering two classes has a $700 base filing fee. Filing separate word and logo applications in those same two classes produces four fee units, for a $1,400 base total.

Do not add classes solely because you might enter a market someday. An application must have a valid filing basis for every listed good or service. At the same time, choosing too few classes can leave important parts of your business outside the registration. You generally cannot expand a filed application to cover additional goods or services later.

A single fee category applies regardless of whether the mark is a business name, phrase, logo, design, character, band name, or nonprofit name. What changes the price is the number of applications, classes, filing basis, and later submissions. A character also must function as a source identifier to receive trademark protection. Copyright may protect original artwork or other creative expression, but it involves a different system and does not replace trademark protection.

If your main asset is a slogan, review the specific issues affecting trademark phrase costs and filing options before choosing classes.

Compare Trademark Registration Costs by Filing Route

To compare trademark registration costs, first separate mandatory government fees from optional professional charges. Advertising that quotes a low service price may exclude the USPTO fee, additional classes, searches, responses to objections, or ongoing maintenance.

Ask any provider for an itemized quote showing the government fee, number of classes, search scope, application preparation, office-action work, and post-registration services. A package that covers only form preparation cannot evaluate every legal risk.

Attorney pricing depends on the search, mark, class count, and problems encountered. A breakdown of trademark attorney costs can help you compare professional fees with the work included.

The Cheapest Way to Trademark a Name Yourself

The lowest-cost route to federal registration is usually filing directly with the USPTO without paying a service or attorney. You still owe the full government fee. There is no discounted DIY application fee, and filing without professional help does not make the application easier to approve.

Before filing, search the USPTO database and broader marketplace for marks that look, sound, or mean something similar and cover related goods or services. An exact-name search alone may miss a likelihood-of-confusion problem. You must also identify the correct owner. Filing in an individual's name when a company owns the mark, or naming the wrong business entity, can create a serious application problem.

Next, decide whether to file the wording, a logo, or both. Identify the correct filing basis, select appropriate classes, and describe the goods or services accurately. Using descriptions from the USPTO's Trademark ID Manual can help avoid the fee charged for custom wording. An intent-to-use application allows filing before use begins, but it requires later evidence of use and additional fees.

DIY filing is most practical when ownership is clear, the mark is distinctive, the goods or services fit established descriptions, and a careful search reveals no concerning conflicts. Forming an LLC or registering a business name does not create a federal trademark registration. If you are budgeting for both, compare LLC costs by state separately from trademark expenses.

Additional USPTO Fees and Other Budget Surprises

The $350 base fee is not always the final cost to file a trademark. Under the current USPTO schedule, an application that lacks required information can incur a $100 fee per class. Using custom free-form wording rather than an acceptable description from the Trademark ID Manual can add $200 per class. An unusually long custom description can add $200 per class for each additional group of 1,000 characters beyond the first 1,000.

An intent-to-use application also creates later expenses. Filing an amendment to allege use or statement of use costs $150 per class. A request to extend the deadline for submitting a statement of use costs $125 per class. More than one extension may be needed if the mark is not yet in qualifying use.

Other potential costs are less predictable. A clearance search may uncover a conflict requiring a new name or a narrower strategy. A USPTO examining attorney may issue an office action seeking clarification or refusing registration. Third parties can oppose an application. Amendments, negotiated agreements, appeals, and enforcement disputes can produce legal fees beyond the original budget.

USPTO filing fees generally are not refunded merely because an applicant abandons the application or the USPTO refuses registration. Treat the government payment as an examination fee, not the purchase price of guaranteed approval.

If a search reveals similar marks, you need several classes, ownership or mark format is unclear, or the USPTO raises an objection, you can post your legal need on UpCounsel's marketplace. A trademark attorney can assess conflicts, choose the filing strategy and classes, prepare the application, and respond to USPTO actions. Responses typically arrive within a day, helping you compare proposed legal fees and experience before proceeding.

Cost to Renew a Trademark and Maintain Registration

Federal registration creates future filing obligations. Between the fifth and sixth anniversaries of registration, an owner generally must file a declaration showing continued use or an acceptable reason for nonuse. The current USPTO fee for that Section 8 declaration is $325 per class.

Between the ninth and tenth anniversaries, the owner generally files a combined declaration of use and renewal. The current combined government fees are $650 per class. The same type of maintenance filing is required during each successive 10-year period. Filing during a grace period adds fees, so calendar the ordinary filing windows well in advance.

The Section 15 declaration of incontestability is optional and has a separate fee. Record updates, ownership transfers, monitoring, and enforcement can also add costs, but they are not part of the standard renewal payment.

State renewal dates and fees do not follow one national schedule. Some states use shorter registration terms than the federal system. Review your state agency's current instructions and track state and federal registrations separately.

Federal vs. State Trademark and Copyright Protection Costs

Federal registration and state registration offer different scopes of protection, so the least expensive route may not fit your business. Federal registration can provide nationwide legal benefits, place the mark in the USPTO database, and permit use of the federal registration symbol for the registered goods or services. It is often the better fit for a business selling across state lines or planning broader growth.

A state registration is narrower. It may be useful for a business operating locally, but it does not create a federal registration or eliminate earlier rights held by someone else. Filing fees, class rules, evidence requirements, registration terms, and renewal costs vary by state. Check the relevant secretary of state or other designated agency before relying on an old fee figure.

For Houston businesses, federal USPTO fees are the same as they are elsewhere in the United States. Texas registration is a separate state process with its own current charges and requirements. The guide to trademarking a name in Texas explains that state-specific route.

Common-law rights may arise from using a mark without registration, but those rights can be geographically limited and harder to establish. That is the source of claims that a trademark can be obtained for free. Using TM or SM does not require a registration, but obtaining a federal registration requires payment of the applicable USPTO fees. The federal registration symbol should not be used before federal registration.

Copyright and trademark protection costs in the United States in 2026 should be budgeted separately. Copyright protects qualifying original expression, while trademark law protects source-identifying matter. A logo may involve both, but one registration does not automatically provide the other form of protection.

Frequently Asked Questions

How Much Do Trademarks Cost?

Trademark costs begin at $350 per class for a standard federal application, but the final amount depends on your applications, classes, filing basis, and assistance. Budget separately for professional services, intent-to-use submissions, responses to objections, and maintenance. State registration costs must be confirmed with the agency handling trademarks in the applicable state.

Can You See How Much It Cost to Trademark Something in Houston, Texas?

You can determine the applicable government fees, but another owner's complete spending may not be public. A Houston applicant pays the nationwide USPTO schedule for a federal filing and the Texas schedule for a state filing. Public records may show filed documents, but they generally do not reveal private attorney, search, or service-provider charges.

How Expensive Is It to Trademark a Name?

The name itself does not determine the expense. A straightforward word-mark application in one class has a lower starting cost than separate name and logo applications covering several classes. The price can increase if the wording conflicts with an earlier mark, requires a custom goods description, or generates a substantive refusal that needs a legal response.

Are Trademarks Free?

Trademark use can begin without paying a registration fee, but federal registration is not free. Using a mark in commerce may create limited common-law rights, depending on the facts and applicable law. Those rights are not equivalent to the legal benefits of federal registration, and they may extend only to the market where the mark has established recognition.

Can You Trademark a Phrase?

You can register a phrase if it functions as a trademark and satisfies federal requirements. A phrase used only as decoration, an informational message, or ordinary expression may not identify a single source. The government fee is based on classes rather than word count, although separate applications may be appropriate if you seek protection for different versions of the phrase.

How Much Does a Federal Trademark Cost?

A federal trademark application currently has a $350 base fee for each class under the common Section 1 and Section 44 filing routes. Other federal fees depend on how the application is prepared and what occurs afterward. Costs can include application surcharges, proof-of-use submissions, deadline extensions, optional declarations, and required post-registration maintenance filings.