How Much Does It Cost to Get a Trademark | Lovie — US Company Formation

Protecting your brand name, logo, or slogan is crucial for business success. A trademark provides exclusive rights to your brand identity, preventing others from using similar marks. When considering how much it costs to get a trademark, it's important to understand that the price isn't fixed. It depends on various factors, including the application type, whether you hire an attorney, and potential complications during the process. For many entrepreneurs, especially those forming an LLC or a corporation, understanding these costs upfront is vital for budgeting. The primary expense is the filing fee paid to the United States Patent and Trademark Office (USPTO). However, this is often just one piece of the puzzle. Additional costs can arise from professional legal assistance, potential opposition proceedings, and ongoing maintenance fees to keep your trademark active.

USPTO Trademark Filing Fees Explained

The core expense in obtaining a federal trademark registration in the United States is the filing fee submitted to the USPTO. These fees are structured based on the application form you use. The most common and recommended form for most applicants is the TEAS Plus application. This option has a lower filing fee because it requires you to adhere to specific requirements, such as using pre-approved descriptions of goods and services from the USPTO's ID Manual. As of my last update, the TEAS Plus

USPTO filing fees vary by application type (TEAS Plus is cheaper).
TEAS Plus costs $250 per class; TEAS Standard costs $350 per class.
Additional fees apply for maintenance filings (Sections 8 & 9) every 5-10 years.
Accurately identifying goods/services classes is crucial to avoid extra costs or application issues.

Legal Representation: Attorney Fees vs. DIY

One of the most significant variables in the total cost of getting a trademark is whether you hire a trademark attorney. While it's possible to file a trademark application yourself, navigating the complex rules and procedures of the USPTO can be challenging and time-consuming. An experienced trademark attorney can significantly increase your chances of a successful registration and help you avoid costly mistakes. Attorney fees for trademark registration can vary widely. Some attorneys charge a

Hiring an attorney adds significant cost but increases success rates and provides expertise.
Flat-fee attorney services typically range from $300-$1000+ for application filing.
Hourly attorney rates can range from $200-$600+ per hour, especially for complex cases.
DIY filing saves on attorney fees but risks application rejection or inadequate protection.

Other Potential Expenses in Trademarking

Beyond the basic USPTO filing fees and attorney costs, several other expenses can arise during the trademark registration process, particularly if your application encounters challenges or if you seek broader protection. One common additional cost is for a comprehensive trademark search. While the USPTO conducts a search for conflicting marks, it's not exhaustive, and a thorough search conducted by an attorney or a specialized search firm can identify potential conflicts before you file, saving

Professional trademark searches can cost $300-$1000+ and identify potential conflicts early.
Negotiating with existing mark owners can lead to additional legal fees.
Opposition proceedings at the TTAB can be very expensive, potentially costing tens of thousands.
Ongoing maintenance fees are required every 5-10 years to keep the trademark active.

Trademarking Costs for Different Business Structures

The cost to get a trademark can be viewed differently depending on your business structure. For a sole proprietor operating under their own name, the decision to trademark might be more personal, focusing on a specific product or service. The costs are primarily the USPTO fees and any attorney fees they choose to incur. The process is straightforward, with the primary concern being the protection of their individual brand. For Limited Liability Companies (LLCs) and Corporations (S-Corps and C-C

Sole proprietors face direct USPTO and optional attorney fees.
LLCs and Corporations often trademark broader brand elements, increasing potential legal costs.
Nonprofits require trademark protection for fundraising and mission, with potentially reduced legal fees.
Lovie assists all business types with formation, making brand protection planning easier.

Key Factors Influencing Your Trademark Costs

Several factors directly impact the total cost you'll incur when seeking a federal trademark registration. The most significant is the number of international classes of goods or services your trademark will cover. Each class requires a separate filing fee. For instance, a company selling software (Class 9) and offering consulting services (Class 42) will pay double the base USPTO fee compared to a company operating in only one class. Accurately identifying all relevant classes from the outset i

Number of international classes directly increases USPTO filing fees.
Hiring an attorney adds cost but mitigates risks of rejection and inadequate protection.
Mark complexity and potential for conflict lead to higher legal and USPTO response costs.
Ongoing maintenance fees are mandatory to keep the trademark valid long-term.

Frequently Asked Questions

What is the basic cost to file a trademark with the USPTO?: The basic USPTO filing fee for a federal trademark application using the TEAS Plus form is $250 per international class of goods or services. The TEAS Standard form costs $350 per class. These fees are non-refundable, regardless of whether your application is approved.
How much does a trademark attorney typically cost?: Trademark attorney fees vary. Flat-fee applications can range from $300 to $1,000+, while hourly rates are typically $200-$600+. Costs increase significantly if the attorney needs to respond to Office Actions or handle oppositions.
Are there ongoing costs to maintain a trademark?: Yes, federal trademarks require periodic maintenance filings with the USPTO. You must file a Declaration of Use (Section 8) between years 5-6, and again with a renewal application (Sections 8 & 9) between years 9-10, and every 10 years thereafter. Fees apply for each filing.
Can I trademark my business name if I have an LLC?: Yes, you can trademark your LLC's name, logo, or slogan. The process and USPTO fees are the same as for individuals or other business structures. An LLC name itself is not automatically protected by its formation; a trademark provides that specific protection.
How long does it take to get a trademark, and does that affect cost?: The trademark process typically takes 9-18 months or longer if issues arise. While the timeline itself doesn't directly add to USPTO fees, delays caused by Office Actions or oppositions can increase legal costs if you're paying an attorney hourly.

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