How Much Does It Cost to Get Something Trademarked | Lovie — US Company Formation

Protecting your brand’s unique identity is crucial for long-term business success. A trademark grants you exclusive rights to your brand name, logo, or slogan, preventing others from using confusingly similar marks. When considering how much it costs to get something trademarked, it's essential to understand that the price isn't fixed. It varies based on the type of trademark, the application process you choose, and whether you involve legal professionals. This guide breaks down the primary costs associated with federal trademark registration through the U.S. Patent and Trademark Office (USPTO), as well as potential state-level protections and related expenses. Understanding these costs is vital for budgeting and strategic planning. While the USPTO filing fees are a significant component, they are not the only expense. Factors like conducting a thorough trademark search, potential legal consultations, and ongoing maintenance fees all contribute to the overall investment. For entrepreneurs forming an LLC, C-Corp, or S-Corp with Lovie, budgeting for trademark protection early on can prevent costly disputes and brand dilution down the line. This comprehensive overview will equip you with the knowledge to estimate your trademark registration expenses accurately.

Understanding USPTO Federal Trademark Filing Fees

The primary cost associated with trademarking a mark in the United States is the filing fee paid to the U.S. Patent and Trademark Office (USPTO). The USPTO offers two main application options: the TEAS Plus and the TEAS Standard. The TEAS Plus option is generally more affordable, requiring you to file in a single class of goods or services and meet specific electronic filing requirements. As of late 2023/early 2024, the TEAS Plus filing fee is $250 per class. This fee is non-refundable, regardle

USPTO federal trademark filing fees vary by application type (TEAS Plus vs. TEAS Standard).
TEAS Plus costs $250 per class; TEAS Standard costs $350 per class.
Fees are non-refundable and must be paid at the time of filing.
Accurate classification of goods/services is crucial to avoid extra costs.

Costs for Trademark Searches

Before filing a trademark application, conducting a comprehensive search is highly recommended. This search aims to determine if your desired mark is already in use or registered by someone else. Using a confusingly similar mark can lead to application rejection, opposition proceedings, and costly legal battles. The cost of a trademark search can vary significantly depending on how it's performed. A basic search can be done for free using the USPTO's Trademark Electronic Search System (TESS), bu

Free basic searches are available via USPTO's TESS, but require expertise.
Professional trademark searches cost $300-$1,000+, offering more comprehensive results.
Searches should include federal, state, common law, and domain name usage.
Investing in a search can prevent costly future legal disputes and rejections.

Trademark Attorney Fees and Legal Costs

While it's possible to file a trademark application yourself, many businesses choose to hire a trademark attorney. The decision to use legal counsel is often driven by the complexity of trademark law, the desire for a higher chance of success, and the need for expert guidance. Attorney fees for trademark registration can vary widely. A common fee structure involves a flat fee for the entire process, which might range from $500 to $2,500 or more, in addition to the USPTO filing fees. This flat fe

Attorney fees for trademark registration typically range from $500 to $2,500+, plus USPTO fees.
Hourly rates can vary from $150 to $500+, especially for complex cases.
Attorneys assist with searches, filings, and responding to USPTO objections.
Legal counsel is highly recommended for navigating complex trademark issues.

State Trademark Registration Costs

In addition to federal registration, businesses can also seek trademark protection at the state level. State trademark registration is generally less expensive than federal registration and offers protection only within the borders of that specific state. The filing fees for state trademarks vary considerably by state. For example, filing a trademark in California might cost around $100-$150, while in New York, it could be similar. Some states, like Texas, have relatively straightforward process

State trademark registration offers protection within a single state.
Filing fees vary by state, typically ranging from $50 to $200.
State registration is less comprehensive than federal registration.
Consider state trademarks for localized businesses, but federal is usually preferred for growth.

Ongoing Maintenance and Renewal Fees

Trademark registration is not a one-time expense; it requires ongoing maintenance to remain active. For federal trademarks registered with the USPTO, you must file specific documents and pay fees at regular intervals to keep your registration valid. The first crucial filing is the Declaration of Use (Section 8 affidavit), which must be filed between the fifth and sixth year after the registration date. This requires demonstrating that you are still using the mark in commerce for the registered g

Federal trademarks require maintenance filings to stay active.
Section 8 affidavit (use declaration) is due between years 5-6 ($225 per class).
Section 8 and Section 9 renewal are due between years 9-10 and every 10 years after ($300 per class).
Failure to meet maintenance deadlines leads to cancellation of the trademark.

Estimating Your Total Trademark Cost

When calculating the total cost to get something trademarked, consider all the potential expenses. At a minimum, if you file yourself using TEAS Plus for one class and have no issues, your USPTO fee will be $250. If you use TEAS Standard or have multiple classes, this base cost increases. For instance, a business needing to register a name and a logo across two different classes of goods/services using TEAS Standard would incur a minimum USPTO fee of $700 ($350 x 2). Adding a professional trade

Minimum cost for a simple DIY federal trademark is $250 per class.
Using attorneys and professional searches can add $1,000 - $4,000+ to initial costs.
Multiple classes of goods/services significantly increase USPTO filing fees.
Factor in ongoing maintenance fees ($525+ per class over 10 years) for long-term protection.

Frequently Asked Questions

What is the cheapest way to get a trademark?: The cheapest way is to file yourself using the USPTO's TEAS Plus application for a single class of goods/services. This costs $250. However, this method requires careful research to avoid errors and potential rejections, which can lead to higher costs later.
Do I need a trademark attorney to register a trademark?: No, you are not legally required to hire an attorney. However, trademark law is complex. An experienced attorney can significantly increase your chances of successful registration and help avoid costly mistakes, especially if your mark faces objections.
How long does it take to get a trademark?: The USPTO registration process typically takes 12-18 months from filing to potential registration, assuming no significant issues arise. Complex applications or those facing office actions can take much longer.
Can I trademark a business name and a logo separately?: Yes, you can. A business name and a logo are considered separate marks and require separate trademark applications and fees, even if they represent the same brand. Each application must accurately describe the goods or services associated with that specific mark.
What happens if my trademark application is rejected?: If your application is rejected, the USPTO will issue an 'Office Action' explaining the reasons. You typically have a set period (e.g., six months) to respond and argue why your mark should be registered. Failure to respond or an unsuccessful response leads to abandonment.

Start your formation with Lovie — $20/month, everything included.