If you're building a brand, one of the first questions you'll face is how much it actually costs to protect the name behind it. The answer involves more than a single government fee. Between USPTO filing fees, potential surcharges, attorney services, and ongoing maintenance, the cost to trademark a name can range from a few hundred dollars to a few thousand dollars depending on your situation.

This guide breaks down every fee category, explains what drives costs up or down, and gives you realistic numbers so you can budget with confidence.

Key Takeaways

How much does it cost to trademark a name? For most U.S. businesses filing a federal trademark application online in 2026, the minimum USPTO filing fee is $350 per class of goods or services. Multi-class filings multiply that number, and additional fees add up quickly. Here's what you need to know before you spend a dollar:

• Federal trademark registration typically costs between $350 and $2,500 or more when you factor in USPTO fees, search costs, and attorney services. The base filing fee alone is $350 per class, and each additional class adds another $350.

• Intent-to-use filings carry extra government fees beyond the base application: a Statement of Use at $150 per class, plus extension requests at $125 per class for each six-month extension, which can push per-class government fees well above $500–$700.

• Surcharges for incomplete applications (insufficient information at $100 per class) and custom descriptions ($200 per class) catch many first-time filers off guard and inflate what looks like a straightforward $350 filing.

• Over 60% of trademark applications receive at least one Office Action during examination, which can add significant attorney costs if a substantive legal response is needed.

• The Law Office of Lindsey M. Straus offers tailored, flat-fee federal trademark registration services nationwide. Call (508) 896-8008 or contact us online for a cost estimate specific to your name and business model.

What Does It Really Cost to Trademark a Name in 2026?

The full cost picture has three layers of trademark fees: USPTO government fees (starting at $350 per class), potential additional USPTO fees for surcharges and follow-on filings, and professional attorney services. How much does it cost in total depends on the number of classes you need, your filing basis, and the quality and completeness of your application.

Here's a quick look at the trademark application process before comparing filing scenarios. A single-class, use-based filing for one brand name might cost roughly $350 in government filing fees. A two-class, intent-to-use filing for a brand covering both products and services could cost $700 in base fees, plus $300 for Statements of Use, plus extension fees if you're not ready to show use right away-easily reaching $1,200 or more in government fees alone before any attorney touches the file.

It's also worth knowing the difference between state and federal protection. State trademark registration is cheaper (often $15 to $125) but only protects your name within that one state. Federal trademark registration through the USPTO costs more but provides nationwide protection. This article focuses on federal USPTO costs because that's what most businesses operating online or across state lines actually need.

If you want a concrete quote before you file, call the Law Office of Lindsey M. Straus at (508) 896-80088) or contact us online to discuss likely trademark costs for your specific situation.

USPTO Trademark Filing Fees: The Baseline Cost

USPTO fees are the only mandatory government fees for a federal trademark, and the required USPTO charge is the application fee. Everything else-attorney fees, search fees, monitoring services-is separate.

The current base application filing fee, as of early 2026, is $350 per class of goods or services for most Section 1 (use in commerce or intent to use) and Section 44 applications filed electronically, and these are the basic filing fees charged per class. Most applications are submitted through the Trademark Electronic Application System (TEAS) at the USPTO Trademark Office.

What does "per class" mean in practice? Trademarks are categorized into 45 different international classes for filing purposes. If you run a clothing brand and need one class for apparel and a second class for online retail services, you'll pay $700 in base filing fees ($350 × 2). Each additional class multiplies your cost.

Paper applications are rarely used and cost $850 per class-they're typically allowed only in narrow, emergency circumstances.

One critical detail many business owners overlook: USPTO filing fees are non-refundable, even if your application is refused or abandoned. This is exactly why careful planning and accurate filing matter so much.

Additional USPTO Fees You Might Not Expect

In 2025–2026, the USPTO introduced new surcharges and increased several follow-on fees. As a result, many trademark applications now cost more than the "headline" $350 per class. Here are the additional fees that surprise most applicants:

• A Statement of Use in Section 1(b) intent-to-use applications costs $150 per class once you're ready to show the mark is in use.

• Each six-month extension of time to file a Statement of Use costs $125 per class, and you can request up to five extensions-potentially adding $625 per class in extension requests alone.

• An "insufficient information" surcharge of $100 per class applies when required applicant details (legal entity type, address, citizenship) are omitted.

• Using a free form text box for custom descriptions instead of selecting entries from the USPTO Trademark ID Manual triggers a $200 surcharge per class. Custom descriptions add $200 per class to filing costs-a penalty that's entirely avoidable with proper preparation.

• Descriptions exceeding 1,000 characters incur an additional $200 per class for each extra 1,000-character block.

Other less common but important additional USPTO fees include $250 to petition to revive an abandoned application and various fees for dividing applications or filing certain amendments.

Working with an experienced trademark attorney can help you avoid many of these extra charges. In many cases, the attorney's fee pays for itself by preventing surcharges and reducing the risk of a wasted filing.

Intent-to-Use vs. Use-Based Filings: How Your Basis Affects Cost

Your filing basis-whether you file under Section 1(a) (use in commerce) or Section 1(b) (intent to use)-has direct cost consequences.

Both use-based and intent to use applications pay the same $350 per class base filing fee at the time of filing. The difference shows up later.

Intent to use filings require a Statement of Use filing that costs $150 per class once you begin using the mark in commerce. If you need more time, each six-month extension request costs $125 per class. With up to five extensions available, intent to use applications can accumulate significant additional fees beyond the original filing.

Here's a simple numeric example for a single-class filing:

• Use-based application: $350 total in government fees (assuming no surcharges)

• Intent-to-use application with one extension: $350 + $150 (SOU) + $125 (extension) = $625

• Intent-to-use application with two extensions: $350 + $150 + $250 = $750

Business owners planning ahead should factor these extra fees into their budget. Where practical, timing your filing so you can begin use promptly after filing-or shortly after a Notice of Allowance-limits or eliminates extension fees.

Trademark Search Costs: Free Checks vs. Comprehensive Searches

A preliminary trademark search can be done at no cost. But skipping a more thorough review is a false economy if it leads to a refusal or a forced rebrand.

A preliminary trademark search involves checking the USPTO's free TESS database, state trademark databases, basic Google searches, and domain or social media checks. Many entrepreneurs can do this themselves at no monetary cost. Trademark searches help identify potential conflicts before filing and can prevent you from wasting non-refundable fees.

A comprehensive trademark search goes deeper. It typically covers federal registrations, state registrations, and "common law" sources like business directories, web use, and social media. Professional trademark searches cost between $500 and $1,500 depending on scope. A comprehensive search for existing trademarks may also cost between $300 and $1,000 at the lower end when conducted through certain search vendors.

Conducting a thorough trademark search can save thousands in rebranding costs. A trademark search prevents costly legal disputes later, especially in crowded industries like software, apparel, and food service where confusingly similar marks are common.

The Law Office of Lindsey M. Straus offers tailored preliminary and comprehensive trademark search services. Call (508) 896-8008 or learn more about our trademark search services to discuss what level of search makes sense for your brand.

Trademark Attorney Services and Typical Fee Ranges

Legal representation is optional but often recommended for trademark filings. The data supports this: among U.S.-domiciled applicants filing between 2017 and 2022, roughly 60.4% of attorney-filed applications reached registration compared to about 39% of self-filed ones.

Attorney fees for small businesses and startups vary. Flat-fee packages for a single-class word mark filing often fall somewhere in the range of a few hundred dollars to a few thousand dollars, depending on what's included. Initial filing fees do not include attorney fees, which can significantly increase total costs-but they also significantly increase your odds of success.

A full-service trademark registration package typically includes:

• Strategy consultation and filing basis advice

• Trademark search and clearance analysis

• Identification and classification of goods or services

• Application drafting and filing

• Communications with the USPTO examining attorney

• Guidance on responding to any office action

Office action responses can be a major unplanned cost when billed hourly. Some attorneys-including the Law Office of Lindsey M. Straus where appropriate-offer predictable flat fees or bundled pricing for common office action responses, so you know what you're paying before the work begins.

If you want a clear, written fee proposal rather than open-ended hourly billing, call (508) 896-8008 or visit our federal trademark registration page for details about current flat-fee options.

Sample Cost Scenarios: How Much Does It Cost in Real Life?

The following examples show approximate government and typical attorney costs for common filing situations. These are illustrative, not quotes.

Scenario 1: Single-class, use-based filing for a coaching business

A business coach registers her brand name in one service class. USPTO base fee: $350. Attorney services for search and filing: roughly $800–$1,500 depending on search depth. No surcharges because she used ID Manual descriptions and provided complete applicant information. Approximate total: $1,150–$1,850.

Scenario 2: Two-class, intent-to-use filing for an e-commerce brand

An online seller plans to trademark a brand name covering physical products (one class) and online retail services (a second class). Base government fees: $700 ($350 × 2 classes). Statement of Use later: $300 ($150 × 2). One extension while building inventory: $250 ($125 × 2). Attorney services for searches, filing, and SOU: $1,500–$3,000. Approximate total: $2,750–$4,250.

Scenario 3: A DIY filing that backfires

A startup files without an attorney or a proper search. Three months later, the examining attorney issues a refusal based on a confusingly similar earlier mark. The applicant loses the entire $350 filing fee (non-refundable), spends weeks trying to respond, and ultimately abandons the application. After rebranding, the startup pays again-new filing fee, new attorney costs for a proper search and application. Total wasted: easily $1,000+ before the second attempt even begins.

Because every brand and filing strategy is different, a brief consultation with an experienced trademark attorney is the most reliable way to forecast total cost with reasonable accuracy.

Ongoing Trademark Maintenance and Renewal Costs

Federal trademark protection can last indefinitely, but only if the trademark owner files required maintenance documents with the USPTO and continues to pay renewal fees on schedule. Trademarks must be maintained through periodic filings to remain active.

Between the 5th and 6th year after registration, owners must file a Section 8 Declaration of Continued Use. A Section 8 filing costs $325 per class. Owners may also optionally file a Section 15 Declaration of Incontestability ($250 per class). Filed together, the combined fee reaches $575 per class.

At years 9–10, owners must file a combined Section 8 and Section 9 renewal. The combined renewal fee for Sections 8 and 9 is $650 per class. This renewal cycle then repeats every 10 years.

The USPTO provides a six-month grace period for late maintenance or renewal filings, but the grace period for late filings incurs a $100 surcharge per class. Missing a maintenance deadline entirely can lead to trademark cancellation-permanently.

Total maintenance costs for 10 years can exceed initial filing fees, especially for multi-class registrations. Factor these long-term costs into your budget and consider using an attorney to track deadlines and handle maintenance filings so you don't lose rights by accident.

State vs. Federal Trademark Registration: Cost and Protection Compared

State trademark registration is usually less expensive. State trademarks cost $15 to $125 per class, depending on the state. State trademark applications are simpler and cheaper than federal ones. But state trademarks protect only within the state filed-no broader reach.

Federal trademark registration through the USPTO costs more (starting at $350 per class plus follow-on fees) but delivers nationwide protection against infringement, access to federal courts, the right to use the ® symbol, and legal presumptions of validity and ownership.

When might a purely state or federal level registration be appropriate? A neighborhood bakery with no online sales and no plans to expand might reasonably start with state registration. But any business selling online, operating across state lines, or planning to grow should strongly consider federal registration. E-commerce brands, SaaS companies, professional service firms, and creators with national audiences almost always need federal protection.

The Law Office of Lindsey M. Straus focuses on federal trademark protection for businesses, founders, and creators nationwide. Whether you're based in Massachusetts or anywhere else in the country, you can work with the firm remotely for all USPTO matters.

If you're unsure whether state or federal protection is the right investment, reach out through the firm's online contact form for a practical assessment of the cost-benefit tradeoffs.

Cost of Dealing with USPTO Office Actions

An office action is a formal letter from a USPTO examining attorney raising issues with your trademark application-likelihood of confusion with an existing mark, descriptiveness, or missing information. Over 60% of applications receive at least one Office Action during examination, so this is not an edge case.

The USPTO generally does not charge a separate filing fee for responding to an office action. But attorney fees to prepare a substantive response can be significant. Trademarks can incur higher costs if office actions occur during the application process, and those costs often exceed the original filing fee.

Typical attorney cost ranges for office action responses:

• Minor, non-substantive corrections (fixing a description, adding a disclaimer): a few hundred dollars

• Substantive refusals requiring detailed legal argument (likelihood of confusion, descriptiveness): Office Action responses typically cost $1,500 to $3,500 each

A serious refusal can force applicants either to abandon the application-losing all USPTO fees paid-or to re-file under a different mark, multiplying total costs.

The best defense is offense: careful preliminary trademark search, accurate identification of goods or services, and professional application drafting can substantially reduce the risk of difficult office actions.

Budgeting for Trademark Protection as Part of Your Brand Strategy

Trademark registration is an investment in your intellectual property and brand value, not just another administrative filing fee, and part of the broader trademark process in a smart brand strategy.

Think of trademark costs in three categories:

1. Initial registration: search, filing, and attorney services

2. Mid-term maintenance: the 5–6 year Section 8 and Section 15 filings

3. Long-term renewals and enforcement: 10-year renewals, trademark monitoring, and (if needed) enforcement actions like cease-and-desist letters

A realistic initial budget for a professionally handled, single-class federal trademark registration is several times the base $350 fee when attorney services and search costs are included. Enforcement costs-watching for infringing uses, sending cease-and-desist letters, and in some cases litigating-are separate and arise only if problems occur.

Prioritize protecting your core business name first, and possibly your flagship product names next, rather than trying to register everything at once. This keeps costs manageable while securing your most valuable rights.

Why Work with the Law Office of Lindsey M. Straus on Trademark Costs?

Lindsey M. Straus is a solo attorney based in Brewster, Massachusetts, who has obtained hundreds of federal trademark registrations for clients nationwide. Her practice model is direct, low-overhead, and cost-conscious-designed for the businesses, startups, and creators who need trademark protection without big-firm pricing.

With over two decades of legal experience-including litigation background at major law firms and in-house positions-Lindsey helps clients avoid costly mistakes, office action pitfalls, and wasted USPTO fees. That experience translates into applications that are more likely to succeed the first time.

The firm's approach to trademark law is straightforward: explain up front when a trademark strategy makes financial sense and when it may not be worth the investment for a given client or mark. No pressure, no unnecessary filings.

The law firm typically offers flat-fee federal trademark registration packages that include trademark search, strategic advice, application drafting and filing, and ongoing communication. Clients know their costs before work begins-no open-ended hourly billing surprises.

U.S. businesses, startups, online sellers, and creators can call (508) 896-8008 or contact us online to schedule a consultation about protecting their brand name efficiently and cost-effectively.

How to Keep Your Trademark Filing Costs as Low as Practical

Here's a concise checklist of cost-control strategies that don't sacrifice trademark protection quality:

• Complete a careful preliminary trademark search before paying any fees. Use the USPTO's TESS database, Google, and domain/social media checks to screen out obviously risky names likely to be refused.

• Work with an attorney or at least review the Trademark ID Manual to choose accurate, concise goods or services descriptions. This avoids custom wording surcharges and unnecessary service fees.

• File only for the number of classes you genuinely need in the near term. Many business owners choose to start with one or two trademark classes rather than over-filing across multiple classes "just in case," because each added class multiplies both initial and long-term maintenance fees.

• If filing on an intent to use basis, time your filing so you can realistically begin use within the USPTO's window after the Notice of Allowance. This minimizes or eliminates extension requests and their associated fees.

• Use an electronic funds transfer or other accepted payment method to avoid delays or complications in the filing process.

Next Steps: Getting a Personalized Trademark Cost Estimate

While the fee structure can seem complicated, a brief conversation with an experienced trademark attorney can quickly clarify realistic cost ranges for your specific name and business plan.

During an initial consultation, the Law Office of Lindsey M. Straus can evaluate whether your proposed name is a good candidate for federal protection, estimate the number of classes needed, and provide a written flat-fee quote for trademark search and filing services. The firm represents clients nationwide in federal trademark matters and works remotely via phone, email, and video-keeping overhead and legal fees competitive.

Call (508) 896-8008 today or contact us through our online form to discuss the cost of protecting your brand name before investing further in marketing, packaging, or domain names.

Investing in sound trademark protection early can prevent far more expensive problems later-forced rebranding, lost goodwill, or trademark infringement disputes that could have been avoided with a properly filed application and a thorough search from the start.

Frequently Asked Questions About the Cost to Trademark a Name

Is there any way to trademark a name for free?

Neither federal nor state trademark registration is free. There is always at least a government filing fee, and the USPTO does not waive fees because a business is new or small. "Common law" trademark rights do arise automatically from using a mark in commerce without registration, but those rights are limited geographically and can be far more expensive to enforce than a proper federal registration would have cost. While you can save money by filing on your own, you still must pay all USPTO fees, and mistakes can cause you to lose those fees entirely and need to re-file.

Do I need a federal trademark if I already formed an LLC or corporation?

Forming an LLC or corporation and registering a business name with a state does not provide the same nationwide trademark protection as a federal trademark registration. A federal trademark filed through the United States Patent and Trademark Office protects your brand name as intellectual property across the United States, while an LLC formation protects owners from certain business liabilities and is recorded only at the state level. Many business owners should treat entity formation and trademark registration as complementary steps and can consult with a trademark attorney to plan the order and cost of each.

How long does it usually take to get a federal trademark, and does time affect cost?

Trademark applications typically take about six months for initial examination by a USPTO examining attorney, and the timeline for trademark registration depends on whether the application is complete and whether additional USPTO action is needed, with total time to registration often running 12–18 months if there are no major issues. The trademark registration process for intent to use filings tends to take longer-median around 22 months-due to the additional steps required, and examination can also slow when similar marks appear on the trademark registers or other issues must be resolved. Longer timelines can increase costs: intent to use applicants may need to pay for multiple extension requests, and unresolved office actions require additional attorney time. A well-prepared application and realistic filing strategy reduce both delays and unexpected expenses.

Should I trademark both my business name and my logo, and how does that affect cost?

A word mark registration (for the name alone) and a design mark registration (for a stylized logo) are separate applications, each with its own per-class USPTO fees and potential attorney fees. Many business owners choose to start by registering the word mark for their core name because it typically offers broader protection across different logo designs. Some clients then add a separate registration for a distinctive logo when budget allows. A trademark attorney can help prioritize filings based on cost, risk, and the strength of each mark, ensuring a trademark protects the elements that matter most to your brand.

Can I recover my trademark costs if someone infringes my brand later?

In some successful infringement lawsuits, courts may award damages and, in rare or exceptional cases, attorney's fees. However, there is no automatic reimbursement of registration or search costs. Having a federal trademark registration generally strengthens your position in any enforcement effort, and the World Intellectual Property Organization and U.S. courts alike recognize that a registered mark carries stronger legal presumptions. This can deter infringers and may reduce the likelihood of lengthy, expensive litigation. If you're concerned about enforcement costs, discuss practical enforcement strategies with an attorney as part of your overall trademark protection plan. International filings through systems like the Madrid Protocol involve separate fees and considerations beyond what's covered in this article-consult an attorney if you need protection outside the United States.