How Much Does It Cost to Trademark a Name in 2026?

The USPTO charges per class of goods or services.

Trademark law divides all goods and services into 45 international classes (e.g., Class 25 for clothing, Class 35 for retail services).

A business registering a brand name for both apparel and retail store services would file in two classes, paying $500 to $700 in government fees for TEAS Plus filings.

Each additional class adds the same per-class fee.

The TEAS Plus application requires applicants to use pre-approved descriptions of goods and services and has stricter upfront requirements—failure to meet those requirements results in the application being reclassified as TEAS Standard with a higher fee.

While it is possible to file a trademark application without an attorney, the USPTO reports that applications filed without legal counsel have significantly higher rates of refusal and abandonment.

Trademark attorneys typically charge flat fees of $800 to $2,500 per application for basic prosecution, which includes a comprehensive clearance search, application drafting, and responding to initial office actions.

For context on general lawyer fees, business formation attorneys typically charge $500–$2,000 for LLC documents — trademark prosecution is a specialized skill that commands comparable or higher rates.

Complex situations—likelihood of confusion with existing marks, descriptiveness refusals, or oppositions from other trademark holders—can substantially increase attorney fees.

Before filing, a comprehensive clearance search is advisable to assess the risk of confusion with existing registered marks and common law users.

Professional trademark clearance searches typically cost $300 to $1,000 and may be included in an attorney's flat fee or billed separately.

The SBA recommends conducting a clearance search before investing in brand development to avoid costly rebranding if a conflict is discovered.^[2] Businesses that have already formed their entity should also confirm their registered business name is consistent with the trademark they are filing — the LLC formation process and trademark registration are closely related brand protection steps.

If the USPTO examining attorney raises objections to a trademark application—common issues include likelihood of confusion with existing marks, descriptiveness, or merely ornamental use—the applicant must respond within 3 months (extendable to 6 months for a fee).

Attorney fees for responding to a substantive office action typically run $1,000 to $3,000 depending on complexity.

A registered trademark must be maintained through periodic filings. Between years 5 and 6, the owner must file a Section 8 Declaration of Use (and optionally a Section 15 Declaration of Incontestability). Between years 9 and 10, a combined Section 8 and Section 9 Renewal must be filed.

These filings each carry government fees of $225 to $425 per class plus attorney fees if legal assistance is used.

Business owners who want help tracking maintenance deadlines should work with an attorney — understanding what an accountant does versus what a trademark attorney does helps clarify which professional handles which ongoing business compliance obligation.

Each class of goods or services is a separate filing with separate fees.

A brand used across multiple product categories may need to file in several classes, multiplying both government fees and attorney time.

Businesses unsure about which classes apply to their operations should consult a trademark attorney — reviewing typical lawyer fees for intellectual property matters helps budget for this consultation appropriately.

The most common USPTO refusal is likelihood of confusion with an already-registered mark in the same or similar category. Overcoming this type of refusal requires legal argumentation and potentially consent agreements with the existing mark owner—both time-consuming and costly.

Once a trademark application is approved for publication, third parties have 30 days to oppose registration.

Opposition proceedings before the Trademark Trial and Appeal Board (TTAB) can cost tens of thousands of dollars in legal fees and take a year or more to resolve.

Legal fees for contested trademark matters can dwarf initial registration costs — general lawyer cost ranges for IP litigation illustrate why early clearance searching is more cost-effective than fighting an opposition.

The USPTO's free TESS (Trademark Electronic Search System) database allows anyone to search existing marks. A preliminary search can help identify obvious conflicts before paying for professional services, though a professional clearance search is still advisable before filing.

File only in the classes of goods and services you currently use or have a bona fide intent to use within a reasonable timeframe. Overfiling in classes where the mark is never used can create maintenance burdens and vulnerability to cancellation proceedings.

The USPTO provides extensive free guidance for applicants through its website, the Trademark Center, and free educational videos. The FTC also provides guidance on intellectual property basics for small businesses.^[3]

Numerous online services offer trademark filing for very low fees but may provide inadequate clearance searching, use generic or overly broad descriptions that invite refusal, or fail to monitor or respond to office actions in a timely manner.

A poorly filed application may cost more to fix than it saved initially.

These services have parallels to low-cost LLC formation services — just as the cost to create an LLC through a mill can leave you without a proper operating agreement, cheap trademark services can leave your mark inadequately protected.

Trademark applicants frequently receive official-looking solicitations from private companies shortly after filing, demanding fees for services like 'trademark registration' in private databases that have no legal significance.

The USPTO warns applicants that these solicitations are not from the government and should be disregarded.^[1]

Missing maintenance filing deadlines results in cancellation of the trademark registration. Late filings may be accepted with a surcharge during a grace period, but registration that lapses entirely must be re-applied for from scratch. Calendar these deadlines well in advance.

A high-yield savings account earmarked for recurring business compliance costs — trademark renewals, registered agent fees, annual report filings — is a practical way to ensure funds are available when these periodic obligations come due.