Key Highlights
- Federal trademark registration in the United States typically costs between $350 and $850.
- Your total trademark fees depend on the number of classes of goods or services you file for.
- The application process can be done at the state or federal level, with federal offering nationwide protection.
- Filing your trademark application online is significantly cheaper than submitting a paper application.
- After your initial registration, you will have ongoing renewal fees to maintain your trademark rights.
- Hiring a trademark attorney can add to the cost but helps navigate the complex process.
Introduction
Your business name is one of your most important assets. Protecting it is crucial for your brand’s success. That’s where trademarking comes in. The trademark application process might seem daunting, especially when trying to understand the total trademark cost. This guide will break down the fees involved in registering a name with the United States Patent and Trademark Office (USPTO) and explain the entire process, so you can confidently safeguard your brand’s identity.
Understanding Trademark Registration in the United States
When you decide to protect your brand’s intellectual property in the United States, you have two main paths for trademark registration. You can file for a state trademark, which offers protection only within that state’s borders, or pursue a federal trademark through the USPTO for nationwide rights.
The cost for a federal trademark with the USPTO typically starts at $350 per class of goods or services. This investment secures your brand’s name across the country, which is a vital step for growing businesses. Let’s look closer at what it means to trademark a name and the benefits it provides.
What Does It Mean to Trademark a Name?
Trademarking a name means you are legally registering it as your intellectual property. This process grants you exclusive trademark rights to use that name in connection with the specific goods or services you offer. Essentially, it prevents competitors from using a similar name that could confuse your customers.
The trademark application requires you to be specific. You’ll need to identify whether your mark is a “standard character mark” (just the name itself) or a “special form mark” (a name with a unique design or color). This distinction, along with the number of goods/services classes you file under, is one of the key factors that affect the total cost of your trademark registration.
Once your application is approved, you gain significant legal protections. You can use the ® symbol, which signals to others that your name is registered and you are serious about protecting it. This registration provides a strong foundation if you ever need to enforce your rights in court.
Benefits of Trademarking Your Name
Securing a trademark for your name is a powerful move for brand protection. It gives you the exclusive legal rights to use your brand name nationwide, which helps build recognition and prevents others from profiting off your hard work. While there are trademark fees involved, the long-term security is invaluable.
The primary benefits of trademarking your name include:
- Nationwide Protection: A federal trademark protects your brand across all 50 states.
- Legal Presumption of Ownership: It provides public notice of your ownership and makes it easier to enforce your rights in federal court.
- Increased Brand Value: A registered trademark is a valuable asset that can be licensed or sold.
Yes, legal services or specialized platforms can be a significant help in this process. They can assist with conducting a thorough search and filing the application correctly, which can prevent costly mistakes and rejections down the line, ultimately saving you money.
Types of Trademarks and Their Impact on Costs
The total cost of trademarking is influenced by what you want to protect. The United States Patent and Trademark Office has different requirements and application fees depending on whether you are registering a name, a logo, or both. Each is considered a separate mark and requires its own application.
Additionally, the trademark fees you pay will depend on the number of classes of goods or services you need to register under. Each class represents a different category of products or services, and each one adds to the total cost. Let’s explore the cost differences between trademarking a name versus a logo and how state vs. federal registration affects your budget.
Business Name vs. Logo Trademark Fees
Yes, there are different fees for trademarking a business name versus a logo because they are treated as separate trademarks. If you want to protect both your name and your logo, you will need to file two separate applications, each with its own application fees. This is a crucial point to consider when budgeting for your intellectual property protection.
The cost for each application is determined by the same fee structure. For example, the base online filing fee is per class of goods or services. So, if you file for your business name in one class and your logo in that same class, you will pay the filing fee twice.
Here’s a simple breakdown:
- Business Name: One application, one set of fees.
- Logo: A second application, a second set of fees.
- Name and Logo Combined: If your logo includes your business name in a stylized way, you can file a single application for the composite mark, but this only protects that specific design, not the name or logo independently.
U.S. Federal vs. State Trademark Costs
When planning your trademark strategy in the United States, you’ll need to decide between federal and state registration. A federal trademark registration provides nationwide protection, which is ideal for businesses that operate online or across state lines. In contrast, a state trademark only provides protection within the borders of that specific state.
The application fees for state trademarks are generally much lower, often ranging from $15 to $70 per class. This can be an attractive option for small, local businesses. However, it offers no protection if a competitor in another state starts using a similar name.
Federal registration is more expensive but offers broader and stronger protection. The base federal filing fee is currently $350 per class. Here is a comparison to help you decide:
| Feature | Federal Trademark | State Trademark |
|---|---|---|
| Protection Scope | Nationwide (all 50 states) | Within one state’s borders |
| Typical Base Cost | $350 per class | $15 – $70 per class |
| Legal Standing | Stronger, allows use of ® | Weaker, limited enforcement |
| Best For | E-commerce, national brands | Small, local businesses |
Fee Structure for Trademarking a Name with the USPTO
Understanding the USPTO’s fee structure is key to managing your trademark budget. The main cost you’ll encounter is the application filing fee, which is charged per class of goods or services. However, other trademark fees can arise depending on your application’s specifics.
For instance, if you file on an “intent-to-use” basis, you will have to pay an additional fee later for filing a Statement of Use. The way you file and the completeness of your application can also impact your final cost. We’ll break down the differences between online and paper filing and explain the USPTO’s fee tiers.
Online Filing vs. Paper Application Fees
There is a significant difference in cost between filing your trademark application online versus on paper. The USPTO strongly encourages applicants to use its electronic application system, available on the USPTO website, and incentivizes this with much lower filing fees.
Filing online is not only cheaper but also more efficient. A paper application is typically only allowed in very specific emergency situations, such as a prolonged system outage when a deadline is approaching. Given the cost difference and lack of any real benefit, online filing is the clear choice for nearly all applicants.
Consider these cost differences:
- Online Application Fee: Starts at $350 per class of goods/services.
- Paper Application Fee: Costs $850 per class of goods/services.
- Refunds: It’s important to remember that these filing fees are non-refundable, even if your application is ultimately denied by the USPTO.
USPTO Fee Tiers (TEAS Plus, TEAS Standard) Explained
In the past, the USPTO offered two main fee tiers for online applications: TEAS Plus and TEAS Standard, which had different costs and requirements. However, the USPTO has since updated its fee structure to simplify the process. As of January 2025, these separate tiers have been eliminated.
Now, there is a single base application filing fee for all electronic applications. This change streamlines the process for everyone, making it easier to calculate your initial USPTO filing fees. The new structure centers on a single base fee per class, with potential surcharges for incomplete information or custom descriptions.
Here are the main fees involved in the current process:
- Base Application Fee: $350 per class of goods or services.
- Surcharges: Additional fees may apply for things like using a free-form text box to describe your goods ($200) or providing insufficient information ($100).
- Intent-to-Use Fees: If you file an intent-to-use application, you’ll later pay $150 per class to file a Statement of Use.
State-Level Trademark Registration Costs
If your business operates exclusively within a single state, pursuing a state trademark can be a more budget-friendly option. This type of trademark registration provides protection for your name or logo, but only within that state’s lines. The application process is generally simpler and faster than federal registration.
The costs are significantly lower than federal fees, making it an accessible choice for local businesses. However, it’s crucial to remember that a state trademark offers no protection if you decide to expand your business into other states. Below, we’ll cover the typical fees and compare them directly to federal expenses.
Typical State Fees for Trademark Applications
The cost to register a state trademark is quite low compared to federal registration. Typically, filing fees at the state level range from about $15 to $70 per class of goods or services. Each state sets its own fee schedule and application process, so you will need to check with your specific state’s Secretary of State office for exact details.
This lower cost makes it a viable starting point for new, local businesses that are not yet planning to operate across state lines. The application process is also usually more straightforward, requiring less detailed information than a federal application.
However, be aware that there can be additional costs beyond the initial filing fees. For example, some states may charge for expedited processing or for certified copies of your registration. Always review your state’s complete fee schedule to understand the full potential cost before you begin the application process.
Comparing State vs. Federal Trademark Expenses
When deciding where to register your trademark, a direct comparison of expenses is essential. A state trademark is the less expensive option upfront, with application fees often under $70. This makes it an affordable choice for businesses with a purely local focus.
In contrast, a federal trademark application has a base fee of $350 per class. While this is a larger initial investment, it buys you something a state trademark cannot: nationwide protection. This is critical for any business that sells products online or plans to expand into other states.
Remember that whether you’re filing at the state or federal level, protecting a business name and a logo will require separate applications and fees. The trademark registration process is distinct for each mark. Therefore, if you want to protect both, you’ll need to budget for two sets of application fees, regardless of whether you choose the state or federal route.
Additional Fees in the Trademark Process
Beyond the initial government filing fees, you should budget for other potential costs during the trademark application process. These additional fees can arise from hiring professional help or from complications during the examination of your application. Hiring a trademark attorney, for example, is a common and often wise investment.
Unexpected issues, such as an “office action” from the USPTO examiner, can also lead to extra charges. Being aware of these potential costs from the start will help you create a more realistic budget for securing your trademark. Let’s look at the costs of legal services and other potential hidden charges.
Legal Services, Filing Services, and Attorney Costs
While you are not required to hire a trademark attorney for a U.S. application, doing so can be a very smart investment. Trademark law is complex, and an experienced attorney can help you navigate the process, avoid common pitfalls, and strengthen your legal rights. This is one area where professional help can save you money in the long run by preventing a costly application denial.
The cost of a trademark attorney varies. Some lawyers charge a flat fee for specific services, like conducting a trademark search and preparing the application. This can range from $450 to over $5,000. Others bill by the hourly rate, which can start around $180 per hour and increase based on experience.
Here are some common pricing structures:
- Flat-Fee Services: Many attorneys and filing services offer bundled packages for search and application filing.
- Hourly Rates: For more complex issues or ongoing correspondence, attorneys may charge by the hour.
- Filing Services: Platforms like LegalZoom can offer a more affordable middle ground, providing expert assistance with the filing process.
Potential Hidden or Extra Charges
Yes, there can be hidden or extra charges that pop up during the trademarking process, beyond the base application fee. One of the most common is the cost to respond to an office action. An office action is a letter from the USPTO examiner raising legal issues with your application, such as a likelihood of confusion with an existing trademark.
Responding to an office action often requires a detailed legal argument and can be time-consuming. If you’ve hired an attorney, this will likely incur additional hourly fees. Identifying potential conflicts with a thorough trademark search before filing can help minimize this risk.
Other potential additional fees include:
- Statement of Use Fee: $150 per class if you filed an “intent-to-use” application.
- Extension Requests: $125 per class to request more time to file a Statement of Use.
- Monitoring Services: After registration, you may want to pay for a service to monitor for infringing uses of your mark.
Trademark Renewal and Ongoing Maintenance Costs
Your financial commitment doesn’t end once your trademark registration is approved. To keep your trademark legally active, you must file maintenance documents and pay renewal fees at specific intervals. The first major deadline comes between the fifth and sixth year after registration, when you must file a Declaration of Use.
This process ensures that you are still using the trademark in commerce. You may also choose to file a Declaration of Incontestability at this time to strengthen your legal rights. Failing to meet these deadlines can result in the cancellation of your trademark, so it’s crucial to stay on top of them.
Renewal Fee Schedule and Deadlines
Yes, you need to pay renewal fees to maintain your trademark. The USPTO has a strict schedule for these payments. Your first maintenance filing, the Section 8 Declaration of Use, is due between the fifth and sixth year after your registration date. This filing confirms you are still using the mark for the goods or services listed in your registration.
After that initial milestone, you must renew your trademark every 10 years. This involves filing a combined Section 8 Declaration of Use and a Section 9 Application for Renewal. If you miss a deadline, there is a six-month grace period, but you will have to pay an additional surcharge.
The current renewal fees for online filing are:
- Section 8 Declaration of Use (5-6 years): $325 per class.
- Combined Section 8 & 9 Renewal (10 years): $650 per class.
- Grace Period Surcharge: $100 per class for a late Section 8 filing.
Other Required Periodic Payments
Beyond the standard renewal fees, there are other periodic payments a trademark owner might encounter. One optional but highly recommended filing is the Section 15 Declaration of Incontestability. You can file this after your mark has been in continuous use for five years. It makes your trademark much stronger and more difficult to challenge in court. The electronic filing fee for this is $250 per class.
It is your responsibility as the trademark owner to track these deadlines and ensure all payments are made on time. Failure to file the required documents and pay the associated renewal fees will lead to the cancellation or expiration of your registration.
If that happens, your protection is lost, and you would have to start the entire application process over from scratch. There’s no guarantee your application would be approved a second time, so staying on top of these additional fees and periodic payments is essential for long-term brand security.
Conclusion
In summary, understanding the costs associated with trademarking a name is essential for any business owner looking to protect their brand. From initial application fees to renewal costs, being informed can help you budget effectively and avoid unexpected expenses. By taking the time to explore both federal and state-level options, as well as considering potential additional fees, you can make smarter decisions for your trademarking process. Remember that investing in a trademark not only safeguards your brand identity but also enhances your credibility in the marketplace. If you have any more questions or need personalized guidance, feel free to reach out!
Frequently Asked Questions
What factors influence the total cost to trademark a name?
The total cost is influenced by several factors. Key among them are the government filing fees, the number of trademark classes you need to cover, and whether you hire a trademark attorney. The complexity of your application and whether you face an office action during the application process can also add to the overall trademark fees.
Are there ways to reduce the cost of trademarking a name?
Yes, you can reduce costs by conducting a thorough trademark search beforehand to avoid conflicts. Filing online instead of by paper significantly lowers application fees. You can also look for a trademark attorney or filing service that offers a flat fee package, which can be more predictable than an hourly rate.
How much does it cost to trademark a name internationally?
The cost for an international trademark registration varies widely. You can use the Madrid Protocol to file a single international trademark application through the USPTO, but you will still have to pay fees for each country where you seek protection. Each country’s trademark office sets its own application filing fee.