How much does it cost to trademark a name? A federal online application starts at $350 for each class of goods or services, before optional attorney fees, search costs, intent-to-use filings, and future maintenance.
Key Takeaways
- The USPTO base application fee is $350 per class when you file online.
- Using a custom description of goods or services adds $200 per class.
- A separate name and logo application generally requires a filing fee for each mark and each class.
- Government application fees are not refunded if the USPTO refuses registration.
- State registration may cost less, but its protection is limited to that state.
- Attorney assistance, clearance searches, Office Action responses, and maintenance filings can increase your total trademark cost.
How Much Does It Cost to Trademark a Name Federally?
The current base cost to trademark a name through the United States Patent and Trademark Office is $350 per class of goods or services. This fee applies to an electronic application filed through the USPTO's Trademark Center. It pays for examination of the application, not guaranteed registration.
The USPTO no longer uses the former TEAS Plus and TEAS Standard fee structure. Under the current system, you pay the $350 base fee when your application uses acceptable identifications of goods and services. If you write a custom description in the free-form text field, the USPTO charges an additional $200 per class. An application missing required information can trigger another $100 fee per class. Excessively long free-form descriptions can also produce additional charges.
The number of classes usually has the greatest effect on the cost to trademark a name. One application covering one class has a $350 base filing cost. An application covering three classes has a $1,050 base cost. If the custom-description surcharge applies to all three classes, the government filing total becomes $1,650.
You can confirm current charges through the USPTO's official fee schedule before submitting an application. Filing fees generally are not refundable, even if you withdraw the application, make a filing mistake, or receive a final refusal. A careful search and accurate classification can therefore protect more than your brand. They can prevent you from paying a second application fee to start over.
Trademark Cost Breakdown
Your total budget should separate mandatory government fees from optional professional services. Government fees follow the USPTO schedule. Search, attorney, monitoring, and enforcement expenses depend on the provider and the difficulty of the matter.
| Cost Driver | Typical Government Charge | When It Applies |
|---|---|---|
| Base online application | $350 per class | Every new federal application |
| Custom goods or services description | $200 per class | You use the free-form text field instead of an approved description |
| Insufficient application information | $100 per class | The application omits specified required information |
| Extra free-form characters | $200 for each additional group of 1,000 characters per class | The description exceeds the initial character allowance |
| Statement of Use or Amendment to Allege Use | $150 per class | An intent-to-use applicant later submits evidence of use |
| Extension to file a Statement of Use | $125 per class | The mark is not yet in qualifying use after a Notice of Allowance |
| Office Action response extension | $125 | An eligible applicant requests the available extension |
| Attorney or professional search | Varies | You hire help evaluating, preparing, or defending the application |
A preliminary search of USPTO records costs nothing if you perform it yourself. A broader clearance search may involve attorney or search-provider fees because it can examine pending applications, registrations, business use, domain names, and other sources. That analysis may identify conflicts that an exact-word search misses.
Office Actions also affect the final trademark cost. You do not automatically owe another application fee when the USPTO raises an objection, but you may incur legal fees for analyzing and responding to the refusal. Some problems can be corrected. Others, such as a serious likelihood-of-confusion refusal, may require substantial legal arguments or make a new brand the more practical choice.
How Trademark Classes Multiply the Filing Cost
A trademark registration does not give unlimited ownership of a word in every market. You must identify the specific goods or services connected to the name. The USPTO organizes them into international classes, and the filing fee applies separately to every class included in the application.
Suppose you use a brand only for downloadable software in one class. Your base filing fee could be $350. If the same brand also covers business consulting in another class, the base total becomes $700. Adding a third class brings it to $1,050. These examples assume that you use acceptable descriptions and avoid additional application fees.
Do not select extra classes merely to obtain broader coverage. You need an appropriate filing basis for each class, and an intent-to-use application creates later proof-of-use expenses for every included class. On the other hand, omitting a class that covers a core part of your business may leave that activity outside the registration.
Classification can be less intuitive than it appears. Clothing products and retail clothing store services, for example, are different activities. A software product and software consulting service may also require different treatment. The best budget starts with a list of what you currently sell, what you genuinely plan to sell, and how customers encounter the mark. You can then match those activities to appropriate USPTO descriptions before calculating the per-class total.
How Much to Trademark a Name and Logo?
A name and a logo can be filed as separate marks or as one combined design. Separate applications usually offer more flexible protection, but each application carries its own per-class fee. A one-class name application plus a one-class logo application therefore has a $700 base government cost.
A standard-character word mark protects the wording without limiting the registration to one font, color, or design. A design mark protects the logo as depicted in the application. Filing only a combined logo that contains your name may not give the same flexibility if you later redesign the graphic. Filing only the name does not separately register a distinctive symbol or illustration.
The USPTO does not impose a unique rate simply because the mark is a phrase, character, nonprofit name, product name, or clothing brand. The same application and per-class principles apply. Costs change because of the number of marks, classes, filing bases, and descriptions involved. For a closer look at slogans and taglines, see the breakdown of trademark phrase costs.
A character can potentially function as a trademark when consumers recognize it as identifying the source of goods or services. Copyright may separately apply to the character's creative expression. A nonprofit pays the applicable trademark fees like other applicants. A clothing brand may need one class for apparel and another for retail services, depending on actual use. There is no single clothing-brand or nonprofit trademark price that applies to every filing.
DIY Filing, Attorney Fees, and Avoidable Expenses
The cheapest official path is to search the records, prepare the application, and file directly through the USPTO without hiring an attorney. For a single-class application using an approved description, the initial government expense is $350. DIY filing avoids professional service fees, but it does not eliminate USPTO charges or make the filing fee refundable.
You must correctly identify the owner, choose a filing basis, define the mark, select the goods or services, and provide suitable evidence when required. An inaccurate owner name or an unsupported description can create problems that are difficult or impossible to fix after filing. Searching only for identical wording can also overlook similar spellings, sounds, meanings, or designs that create a likelihood of confusion.
Attorney costs vary by the scope of work. Some engagements cover only a search or application review. Others include a broader clearance opinion, application preparation, prosecution, and responses to Office Actions. Ask whether the quoted fee includes government charges, multiple classes, separate marks, status reporting, and substantive USPTO responses.
If a search identifies similar marks, your filing covers multiple classes or separate name and logo protection, or the USPTO sends an Office Action, you can post your legal need on UpCounsel's marketplace. A trademark attorney can assess registration risk, define the goods and services, prepare or review the application, and respond to USPTO objections. Responses typically arrive within a day, helping you compare relevant experience and proposed fees before deciding how to proceed.
Applicants domiciled outside the United States must use a U.S.-licensed attorney for a federal trademark matter. U.S.-domiciled applicants generally may represent themselves, although the USPTO encourages applicants to consider legal assistance.
Federal vs. State Registration and LLC Costs
Federal and state trademark registrations differ in both cost and reach. A federal registration can provide protection throughout the United States for the listed goods or services. It also places the mark in the USPTO database, creates legal presumptions concerning ownership and validity, and permits proper use of the registration symbol.
A state registration generally covers only that state. State filing fees and requirements vary, so check the current instructions from the relevant secretary of state or other filing agency. State registration may suit a business operating only within one state, but it does not substitute for federal registration when the business needs broader protection. Texas businesses can review the separate guide to Texas trademark registration costs.
Forming an LLC, registering a business name, filing a DBA, and registering a trademark are different actions. An LLC filing creates a legal business entity under state law. A DBA allows a person or entity to conduct business under another name. State approval of an entity or DBA name does not mean the name qualifies for federal trademark registration or that using it will not infringe another party's rights.
Many founders search for trademark conflicts before committing to an entity name, website, signs, and packaging. They may then form the entity that will own the application. The right order depends on ownership, launch timing, and liability concerns. If you are budgeting for both steps, compare the separate costs of forming and maintaining an LLC rather than treating the state formation fee as part of the trademark price.
Future Trademark Maintenance and Renewal Costs
A registration creates future filing obligations. Between the fifth and sixth anniversaries of federal registration, the owner generally must file a declaration showing continued use or acceptable excusable nonuse. The current electronic fee for that filing is $325 per class. An optional declaration of incontestability, when the legal requirements are satisfied, costs $250 per class.
Between the ninth and tenth anniversaries, the owner generally files a combined declaration of use and renewal application. The current electronic government fees total $650 per class. The same combined filing is required during each successive 10-year period if the owner wants to keep the registration active. Grace-period surcharges may apply to late maintenance filings.
These charges make long-term planning especially important for registrations covering several classes. A three-class combined declaration and renewal has $1,950 in base government fees at current rates. The owner may also pay an attorney or filing service to prepare the submission.
Monitoring and enforcement are separate expenses. The USPTO examines new applications, but it does not police the marketplace for you. You can monitor applications and commercial use yourself, subscribe to a monitoring service, or retain counsel. Enforcement costs depend on the conduct involved and can range from an informal demand to administrative proceedings or litigation.
A trademark can remain registered indefinitely if you continue qualifying use, submit required documents, and pay the applicable fees. Calendar every maintenance window, keep dated examples showing how the mark appears with the registered goods or services, and update ownership records after relevant business transactions. Missing a required maintenance filing can cause the registration to be canceled or expire.
Frequently Asked Questions
How Much Does It Cost to Trademark a Name?
It costs at least the applicable USPTO filing fee for every class included in a federal application. To estimate your full budget, count the classes, determine whether separate applications are needed, and add any intent-to-use, custom-description, search, or legal expenses. Keep a reserve for examination issues because paying the initial fee does not guarantee registration.
How Much Is It to Trademark a Business or Company Name?
A business or company name follows the same federal fee structure as other word marks. The price does not depend on whether the owner is a sole proprietor, LLC, corporation, or nonprofit. It depends primarily on the number of covered classes and any additional filing requirements. The application must identify the correct legal owner when submitted.
How Much to Trademark a Name and Logo?
Budget for two applications if you want the name and logo independently registered. Separate registration may let you change the logo while retaining protection for the wording, but it doubles the initial application count. A combined design application can cost less initially, although its scope is tied more closely to the exact wording and visual presentation shown.
What Is the Cheapest Way to Trademark a Name?
The cheapest approach is usually a direct, single-class electronic filing using an approved USPTO description. Search carefully before filing, avoid unnecessary classes, and submit all required information to reduce surcharge risk. Do not choose a narrow or inaccurate description solely to save money, because the resulting registration may not cover the goods or services that matter.
Do I Need a Lawyer to File a Trademark Application?
You generally do not need a lawyer if you are domiciled in the United States, but foreign-domiciled applicants must have U.S.-licensed counsel. Legal advice may be valuable when ownership is unclear, similar marks appear in a search, a mark is highly descriptive, or another party opposes the application. Counsel can also explain risks that a filing service cannot evaluate.
Should I Get a Trademark or LLC First?
Neither filing universally comes first because they serve different purposes. An LLC addresses business structure and liability, while a trademark protects a source-identifying brand. Consider searching the proposed name before investing in either filing. If the LLC will own the trademark, forming it before the application can help avoid a later ownership transfer, but individual circumstances differ.
