Cost to Trademark Name | Lovie — US Company Formation

Protecting your business name is crucial for brand recognition and preventing others from using it. The process of trademarking a name, especially at the federal level with the United States Patent and Trademark Office (USPTO), involves various costs. These costs can range from government filing fees to potential legal expenses if you hire an attorney. Understanding these expenses upfront will help you budget effectively for this vital aspect of business ownership. This guide breaks down the typical costs associated with trademarking a name in the US, whether you're forming an LLC in Delaware or a C-Corp in California. While the USPTO handles federal trademark registration, some states also offer limited trademark protections through their Secretary of State offices. These state-level trademarks are generally less comprehensive than federal ones but can be a more affordable option for businesses operating solely within a single state. The overall cost to trademark a name depends on several factors, including the type of application, the number of goods or services you wish to cover, and whether you opt for professional legal assistance. At Lovie, we help streamline the business formation process, making it easier to focus on protecting your brand.

USPTO Federal Trademark Filing Fees

The primary expense when trademarking a name federally is the filing fee paid to the USPTO. The USPTO offers two main application forms: the TEAS Plus and the TEAS Standard. The TEAS Plus option is more cost-effective, requiring you to file electronically and select your goods/services from the USPTO's pre-approved list. As of late 2023/early 2024, the TEAS Plus filing fee is $250 per class of goods or services. This means if your business offers both software (a service) and t-shirts (goods), y

State Trademark Registration Costs

While federal registration offers nationwide protection, some businesses opt for state-level trademark registration for a more localized approach. This can be a less expensive option, particularly for startups operating within a single state or those with limited budgets. The cost and process vary significantly from state to state. For example, in California, you can register a trademark with the Secretary of State's office. The filing fee for a trademark application in California is currently a

Trademark Attorney Fees

While you can file a trademark application yourself, many business owners choose to hire a trademark attorney. This is especially true for federal applications, which have complex rules and procedures. The cost of hiring an attorney can vary widely based on their experience, location, and the complexity of your case. Some attorneys offer flat-fee packages for trademark searches and applications, while others charge hourly rates. A common flat-fee range for an attorney to handle a federal tradem

Trademark Search Costs

Before filing a trademark application, it's highly recommended to conduct a thorough trademark search. This search aims to determine if your desired name or logo is already in use by another party in a way that could cause a likelihood of confusion. Failing to conduct a proper search can lead to your application being rejected, or worse, facing infringement lawsuits down the line. The cost of a trademark search can vary depending on how it's performed. Performing a basic search yourself using t

Other Potential Costs and Considerations

Beyond the core filing and attorney fees, several other costs and factors can influence the total expense of trademarking your name. One significant consideration is the use of a registered agent. While not directly a trademark cost, having a registered agent is a mandatory requirement for forming an LLC or corporation in every state, including states like Delaware, Nevada, and Florida. The annual fee for a registered agent service typically ranges from $100 to $300. This service ensures your bu

Frequently Asked Questions

How much does it cost to trademark a name federally?
Federal trademark registration with the USPTO costs $250 per class using TEAS Plus or $350 per class using TEAS Standard. Additional fees apply for searches, attorneys, and maintenance filings, potentially bringing the total to $1,000-$3,000 or more.
Is it cheaper to trademark a name at the state level?
Yes, state trademark registration is typically cheaper, with fees ranging from $30 to $100 for a 10-year term. However, protection is limited to that specific state, unlike nationwide federal protection.
Do I need a lawyer to trademark my name?
You are not legally required to hire a lawyer, but it is highly recommended for federal trademark applications due to their complexity. Attorney fees can range from $800 to $2,500+ for application preparation and filing.
What is the cost of a trademark search?
A basic DIY search on the USPTO website is free. A comprehensive search conducted by an attorney or specialized service can cost between $300 and $1,000+, helping to identify potential conflicts before filing.
Are there ongoing costs to maintain a trademark?
Yes, federal trademarks require periodic filings (between years 5-6 and every 10 years thereafter) to remain active. Each maintenance filing incurs a fee, currently $225 per class.

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