When people ask about trademarking their brand, one of the first questions is always about the cost. The short answer? It varies. If you decide to go it alone, you're looking at $225 to $400 in government fees per class to get started. But if you bring in an experienced attorney to handle it, the total investment usually falls between $1,000 and $2,500.
That price jump might seem steep, but it covers a lot more than just filling out a form—it includes the deep-dive trademark searches and expert guidance that give your brand its best shot at protection.
What Does Trademark Registration Really Cost
Getting a trademark isn't a one-time expense; it's a long-term investment in your brand's security and future growth. Getting a handle on the full financial picture from day one is key to budgeting right and avoiding any nasty surprises later on.
Think of it like building a financial roadmap to protect your most valuable asset: your brand identity. We're going to break down every piece of the puzzle, from the initial government filing fees all the way to the long-term maintenance costs that keep your trademark active and enforceable. It's helpful to see these expenses in the same light as other business startup costs, like .
A Snapshot of Potential Expenses
To give you a quick, at-a-glance overview, let's lay out the main cost categories. These numbers show the typical investment you can expect, breaking down the difference between the do-it-yourself path and the more secure route of hiring a professional.
Typical Trademark Registration Cost Summary
Here’s a look at the potential expenses involved in the trademark process, from filing the application to keeping it alive for years to come.
| Cost Component | Typical DIY Cost Range | Typical Cost Range With Attorney |
|---|---|---|
| USPTO Application Fee (per class) | $225 – $400 | $225 – $400 |
| Comprehensive Trademark Search | $0 – $300 | $500 – $1,500 |
| Application Preparation & Filing | $0 | $500 – $1,500 |
| Responding to Office Actions | Varies widely | $500 – $2,000+ |
| Long-Term Maintenance (per 10 years) | $525+ per class | $750 – $1,500+ per class |
As you can see, the government fees are the same for everyone. The real difference in the costs of trademark registration comes down to whether you bring in legal help. While it costs more upfront, working with an expert dramatically increases your odds of a smooth, successful registration, which can absolutely save you a ton of money and headaches in the long run.
If you want to dig deeper into what it takes to protect your brand, check out our guide on trademarking a business name.
Navigating USPTO Government Filing Fees
The biggest chunk of your trademark budget, and the one you can't avoid, is the mandatory filing fee you pay directly to the U.S. Patent and Trademark Office (USPTO). This government charge is your ticket to getting an application reviewed, and the price isn't one-size-fits-all. It really depends on how you file and what you're trying to protect.
I like to think of it like ordering a pizza. The base price gets you the dough and sauce—your brand name or logo. But every topping you add, like pepperoni or mushrooms, adds to the final bill. In the trademark world, these "toppings" are called classes.
Understanding Trademark Classes
The USPTO has everything neatly organized into 45 different classes of goods and services. So, if your brand sells t-shirts (that's Class 25) and you also offer graphic design services (that's Class 42), you've got to file in both classes. That means paying a separate application fee for each one.
This is where your budget can quickly get out of hand if you're not careful.
A classic mistake I see is people filing in way too many classes right off the bat, just to "cover all the bases." Not only does this inflate your fees, but it can also get your application rejected if you aren't actually using your mark for everything you've listed.
Nailing down the right classes from the very beginning means you're only paying for the protection you genuinely need.
How Your Application Choices Hit Your Wallet
The way you describe your goods and services also has a direct impact on the cost. As of January 18, 2025, the USPTO has a new standard application fee of $350 per class. This replaced the old TEAS Plus and TEAS Standard options to simplify things a bit.
But there’s a catch. That $350 price assumes you're picking your descriptions from the USPTO’s pre-approved list, called the Trademark ID Manual. If you need to write your own custom description for what you sell—what's known as a "free-form" description—get ready for a hefty surcharge. You'll be hit with an extra $200 per class for using non-standard terms. Ouch. You can read up on the specifics of the recent if you want to get into the nitty-gritty.
The infographic below gives you a good visual of how all the different costs, especially attorney fees, add up.
While the government fees are set in stone, hiring a lawyer is a strategic move to help you navigate these tricky waters and sidestep expensive mistakes. A simple error, like a poorly worded description, can trigger those extra fees or even get you an outright rejection. If that happens, you forfeit your non-refundable filing fee and have to start the whole process over again.
Is Hiring a Trademark Attorney Worth It?
This is a major crossroads for a lot of people: should you file for a trademark yourself (this is called filing pro se) or bring in a trademark attorney? It’s tempting to go the DIY route to save a few bucks upfront. I get it. But trust me, that path is full of risks that can end up costing you a whole lot more down the road.
An attorney does way more than just fill out some forms. The real value is in the strategic advice they give you from day one, starting with a comprehensive trademark search. And no, this isn't something you can replicate with a quick Google search.
Beyond the Basic Search
A professional search digs deep into federal, state, and common law databases to find any potential conflicts that could get your application rejected before you even get started.
Think of it like getting a home inspection before you buy a house. You might not notice the faulty wiring or the cracks in the foundation, but an expert will. They spot the hidden problems that could turn your dream home into a money pit. A trademark attorney does the same thing for your brand, identifying the legal "structural issues" with your name or logo.
Once the search is clear, they help you put together an application that’s not only legally solid but also strategically written to sidestep common reasons for rejection from the USPTO.
Hiring an attorney is an investment in protecting your brand. A study even found that applications filed by lawyers are significantly more likely to get approved. Why? Because they know the game. They see the common pitfalls from a mile away and know how to navigate the complex legal hoops.
What Attorney Fees Typically Cover
When you see a price tag from a lawyer, it's not just for an hour of their time. Whether it’s a flat fee or hourly, that cost usually bundles together a bunch of crucial services. For a deeper look at how legal fees are structured, you can learn more about understanding attorney fees for small business.
Most trademark attorney packages will include things like:
- Initial Consultation: This is where you talk about your brand, your goals, and whether your proposed trademark even has a shot.
- Comprehensive Trademark Search: A deep dive into potential conflicts, followed by a legal opinion on your chances of success.
- Application Prep and Filing: Making sure every detail is perfect—from the description of your goods to the specimen you submit—to give your application the best possible chance.
- Basic Communications: Handling the routine back-and-forth with the USPTO examining attorney assigned to your case.
One of the most valuable parts of hiring a lawyer is having them respond to an Office Action. An Office Action is basically a rejection letter from the USPTO. Trying to write a convincing legal argument to overcome that rejection is where most DIY filers crash and burn. It’s a huge reason why applications get abandoned, and you lose your filing fee and all that time.
Ultimately, the higher upfront costs of trademark registration when you hire an attorney often save you a ton of money, time, and headaches in the long run.
Understanding Ongoing and Hidden Costs
Getting your trademark registered isn't the end of the road; it's really just the beginning of a long-term commitment to your brand. So many people get fixated on the initial filing fee, but the true costs of trademark registration stretch far beyond that first payment. Your registration needs regular upkeep to stay legally sound, and other surprise expenses can—and often do—pop up.
Think of your trademark like owning a car. You don't just pay for it once and then drive it forever for free, right? You have to plan for gas, oil changes, insurance, and the random repair. Your trademark is exactly the same—it requires an ongoing investment to keep it running properly and protecting your brand.
Forgetting about these maintenance tasks is a guaranteed way to lose your trademark rights, forcing you to go through the entire expensive and time-consuming registration process all over again.
Mandatory Maintenance and Renewal Fees
The USPTO needs you to prove that you're still actively using your trademark out in the real world. This involves a few key filings that have their own fees attached. These aren't optional suggestions; they are hard deadlines you absolutely must meet to keep your trademark alive.
The first big check-in is the Declaration of Use (Section 8), which you have to file between the fifth and sixth years after your registration date. This is basically you telling the USPTO, "Hey, I'm still using this mark!" The government fee for this is currently $225 per class.
The second critical filing is the Combined Declaration of Use and Application for Renewal (Sections 8 & 9). This one comes up every ten years, starting from your registration date. The current fee for this renewal is $525 per class. You can get a much deeper look into this process in our guide on how to renew your USPTO trademark.
It's crucial to put these dates on your calendar. Missing a deadline by even a single day can lead to the cancellation of your registration. While the USPTO does offer a six-month grace period, you'll get hit with a hefty surcharge for filing late.
Other Potential Costs to Anticipate
Beyond the predictable maintenance schedule, other costs can sneak up on you depending on your specific situation. These "hidden" expenses can catch business owners by surprise if they aren't ready for them.
- Statement of Use: Did you file your initial application on an "Intent to Use" basis? That means you planned to use the mark but hadn't started yet. Once you actually start selling products or services under that mark, you must file a Statement of Use. The fee for this is $100 per class.
- Defending Your Trademark: This is the big one. The most significant potential cost is having to enforce your rights. If someone starts using a mark that's confusingly similar to yours, you'll need to take action. This could be as simple as having an attorney send a cease and desist letter, or it could escalate to full-blown litigation to defend your brand in court, which can get very expensive.
When you budget for these ongoing and potential costs from day one, you get a much more realistic picture of the total investment. It’s the best way to ensure your brand stays protected for decades without any costly mistakes or unwelcome surprises.
Protecting Your Brand in Global Markets
If you’ve got plans for your business to go big, your brand protection can’t just stop at the U.S. border. Thinking about filing separate trademark applications in dozens of different countries is enough to make anyone’s head spin. But thankfully, there’s a much smoother way to handle it.
Imagine you wanted to send letters to friends all over the world. Instead of going to the post office for each one, what if you could drop a single package at a central hub, and they took care of forwarding your letters to every single destination? That's pretty much what the Madrid Protocol does for trademarks. It's an international system that lets you file one application to get protection in a whole network of member countries.
Breaking Down International Filing Costs
Now, this streamlined system has its own unique way of calculating costs. It's not one flat fee, but more of a build-your-own-adventure price tag.
- Base Application Fee: This is the starting cost you pay to the World Intellectual Property Organization (WIPO) just to get your international application in the door.
- Country-Specific Fees: Every country you want to protect your trademark in adds its own fee. Think of it like paying postage for each letter in your package; some destinations just cost more than others.
- Surcharges: You might see some extra fees tacked on depending on how many trademark classes you need or if you're registering a mark that uses color.
Because of all these variables, the total costs of trademark registration internationally can really swing depending on where you want to plant your flag and how broad you need that protection to be.
Global Trademarking Trends and Strategy
The world of intellectual property is always in motion, and these shifts can directly impact your costs and your game plan. Just look at the latest numbers. In 2024, China shot to the top, becoming the biggest source of international trademark filings with around 74,101 applications. They actually overtook the United States, which filed 73,004 designations—a 3.7% drop. You can dig into more of these to see the bigger picture.
These stats aren't just numbers; they tell a story about where businesses are focusing their energy. A huge surge in filings from one country can signal growing economic power and a more competitive market on the horizon.
Keeping an eye on these trends is crucial for building a global trademark strategy that’s both smart and budget-friendly. When you're eyeing specific markets, like the UAE for instance, you have to get familiar with the local playbook. This is a great example of how individual country rules can change your approach and your budget. Plan your international moves with these details in mind, and you'll make sure your brand is safe and sound where it really counts.
Common Questions About Trademark Costs
When you start digging into brand protection, the financial side of things can get confusing fast. Getting a handle on the real costs of trademark registration is the first step to making smart moves for your business. Let's tackle some of the questions that pop up most often.
What's the Cheapest Way to Register a Trademark?
The absolute cheapest route is filing the application yourself (we lawyers call this filing pro se) directly with the USPTO. To really pinch pennies, you'll want to file in only the most critical class of goods or services.
On top of that, stick to the pre-approved descriptions in the USPTO's ID Manual. This is a simple trick to dodge the extra fees the government now charges for custom descriptions. But be warned: while this DIY approach saves cash upfront, it's loaded with risk. A simple mistake can get your application rejected, and that non-refundable filing fee? Gone.
How Much Does It Cost to Maintain a Trademark Every 10 Years?
Keeping your trademark alive isn't a one-and-done deal; it requires regular maintenance. Every decade, you have to file a combined Declaration of Use and Application for Renewal, known as a Section 8 & 9 filing.
This is a recurring expense you can't skip if you want to keep your brand protected. As of right now, the government filing fee for this renewal is $525 per class.
If you have an attorney handle this for you (which is a really good idea to make sure you don't miss a critical deadline), you'll need to budget for their professional fees, too. That can add a few hundred dollars to the total, but it's great insurance against accidentally letting your registration lapse.
Do I Get a Refund if My Trademark Application Is Rejected?
Nope. This is a tough pill to swallow for a lot of first-time filers, but the USPTO application fee is 100% non-refundable.
You're not paying for a guaranteed registration. You're paying the government for an examining attorney's time to review your application. If it gets rejected for any reason, that money is gone for good. This is exactly why investing in professional legal advice and a solid trademark search before you file is such a smart financial move—it dramatically boosts your odds of getting it right the first time.
Do I Need to Register a Trademark in Every State?
No, and honestly, this is one of the biggest perks of a federal registration. When you register a trademark with the USPTO, you get nationwide protection.
This means your rights are superior to any state-level registrations or common law users across all 50 states. You just need that one federal registration to lock down your brand from coast to coast. It's way more powerful and cost-effective than trying to juggle individual trademarks in every state.
At Cordero Law, we believe that understanding the costs is the first step toward powerful brand protection. We work with you to create a clear, strategic path forward, ensuring you feel confident and in control of your legal journey. If you're ready to secure your brand's future, visit us at Cordero Law to learn how we can help.