This trademark cost guidebook discusses trademark costs and includes information about fees charged by the United States Patent and Trademark Office (USPTO) as well as fees charged by attorneys and filing services.
Note: All numbers are current as of March 2024. Check back or check the USPTO fee schedule for the most recent trademark cost information.
Learn about all of the things that go into overall trademark cost. Image from rawpixel.com
How much does the USPTO charge for filing a trademark application?
The USPTO handles trademark applications. Depending upon your needs, the filing fees range from $225-$400. You can find a schedule of trademark application fees on the USPTO website. But typically, we tell our clients to expect to pay $350 per application class. Therefore, consider how many trademark classes you need to file for your trademark when considering overall trademark cost.
How does trademark cost change for an intent to use trademark application?
An intent to use trademark application incurs extra costs. The two main costs associated with this type of trademark application are filing a Statement of Use that shows how you use your trademark and fees for filing an extension if you need more time to show that you have used your brand.
As of this writing:
- Statement of Use for intent to use applications: $100 per trademark class.
- 6-month extension to show use: $125 per trademark class.
How much does trademark maintenance cost?
Trademark owners must maintain trademark registrations. Consider this ongoing trademark cost early in the game so that you are not surprised down the road. USPTO fees for filing a Section 8 Declaration of Continued Use and Section 15 Declaration of Incontestability come out to a few hundred dollars per registration. As of this writing, the costs:
- Section 8 Declaration of Continued Use: $125 per class
- Section 15 Declaration of Incontestability: $200 per class
Trademark owners pay these fees between year five and year 6 of the registration. Beyond that, the USPTO requires a Section 9 Trademark Renewal every ten years. The Section 9 Trademark Renewal costs $300.
How much does a trademark attorney cost?
Trademark attorney costs vary. Also, trademark attorneys have different ways of billing – some bill hourly, and others bill flat-rate.
When working with a trademark attorney, ensure that you understand how they bill.
The typical range for a trademark attorney’s hourly rate will be between $225 on the low end and over $500 on the high end. For trademark registration services, lawyers who bill flat-rate charge anywhere from $750 to $3000 or more to handle the trademark search and trademark registration process.
If you are working hourly, get an estimate ahead of time to have a good idea of the overall trademark cost. If you are working with a firm that bills on a flat-rate (such as Counsel for Creators), ensure that you understand what services that fee covers.
How much does a trademark filing service cost?
A trademark filing service such as LegalZoom might have a lower upfront cost but typically offers less value and often causes problems for many trademark owners. Trademark filing services cost anywhere from $0 (yikes) to about $300.
Because cheap online filing services are not law firms, they cannot offer legal advice. That means the filing service will take your money whether or not your trademark will have problems. In addition, they will not alert you to simple issues that can become big problems later.
They also leave you alone during the trademark process. And since most trademark applications run into some issue during the trademark registration process, you will not have any help from the filing service. They also won’t alert you to or help you with common trademark scams.
Bottom line: an online filing service does the easy part of filling out the forms. But for a business owner intent on building a serious brand, they represent a waste of valuable money.
How much does a trademark search cost?
Real brand owners invest in a comprehensive trademark search to be aware of conflicts early in the game. The cost of a trademark search varies.
Beware of services that offer a trademark search that only finds out if someone registered your particular mark. This type of search – while helpful – does not find all potential trademark issues. A quality trademark search also finds variations of your mark that could cause problems.
A reasonable trademark search costs from $500-$1500 or more. The search would include an attorney analysis of the results at this price. Many trademark attorneys have the trademark search in their overall trademark package. We do that, but make sure you ask your trademark attorney before beginning work together.
Either way, don’t skimp on the trademark search. Skipping the trademark search is one of the most significant trademark mistakes we see.
How much does a California trademark cost?
A California trademark provides brand protection within the state of California. Therefore, the trademark cost for a California mark is less than that for federal trademark registration.
As of this writing, a California trademark filing costs $70.
How much does it cost to file an international trademark?
An international trademark registration varies in cost. Depending on the countries you seek brand protection, the trademark cost varies. Some nations have low trademark fees. On the other hand, other countries have high trademark fees. These fees can range from $100 – $2000, depending on where you file.
If you seek international brand protection and trademark registration, speak with an attorney to develop the appropriate strategy.
How much does it cost to respond to an Office Action from the USPTO?
A trademark Office Action means that the USPTO found an issue with your trademark application. You can fix some problems quickly. Others require a good deal of work to fix.
For the easy types of trademark Office Actions, a trademark attorney charges at least a few hundred dollars. However, for more difficult trademark Office Actions, trademark applicants can incur several thousand dollars.
Attorneys help you avoid these Office Actions (about 80% of trademark applications receive one). This enables you to avoid paying costs to fix things later.
How much does a trademark lawsuit cost?
Trademark lawsuits cost big bucks. Intelligent business owners avoid them by being proactive. That means conducting proper trademark searches and getting the right legal help. It involves filing your trademark early.
It also means getting legal counsel if problems develop with other people.
A trademark lawsuit can easily cost five figures. And it’s entirely reasonable for a trademark lawsuit to go into 6- or 7-figure territory. So avoid it by thinking ahead.
How much does it cost NOT to register your trademark?
Trademark registration confers benefits to brand owners. If you don’t register your trademark, you don’t get the benefits, no matter how long you built trademark rights.
Also, you don’t get to use tools like social media takedowns, and it becomes harder to stop Amazon copycats from selling goods with your trademark. And if someone else starts using your brand, you might even have to change your name. That means starting from scratch. Don’t be that person.
Not thinking ahead confuses consumers and damages your brand. If you are building a business, you are making a brand, and you need to treat it like a valuable asset. Understand how to register a trademark, get clear on trademark costs, and learn to protect your brand.
What other trademark costs should I know about?
Trademarks cost money to maintain, but it’s worth it. Aside from the costs above, you should know that it costs money to monitor your trademark. It also costs money to enforce your trademark. Make sure that as a trademark owner, you plan for these costs.
Final note: While this article gives a fantastic overview of trademark costs, other costs may come up. This article is not an exhaustive list of every trademark cost. Do not rely solely on this information and check back as USPTO filing fees change.
