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

Securing a trademark is a crucial step for any business looking to protect its brand name, logo, or slogan. The cost associated with obtaining a trademark can vary significantly, depending on the complexity of your application, whether you hire an attorney, and the specific services you require. Understanding these costs upfront can help you budget effectively and ensure your valuable brand assets are legally protected. This guide breaks down the typical expenses involved in the U.S. trademark registration process through the United States Patent and Trademark Office (USPTO). We'll cover application fees, potential attorney fees, and other related costs, offering clarity on what to expect. For businesses operating as LLCs or corporations, properly trademarking your brand is as essential as establishing your legal entity, and Lovie can assist with both.

USPTO Trademark Filing Fees Explained

The primary cost of obtaining a federal trademark in the United States is the filing fee paid to the USPTO. The USPTO offers two main application filing options: the TEAS Plus and the TEAS Standard. The TEAS Plus option is more cost-effective but requires you to meet a stricter set of initial requirements, including using pre-approved descriptions of goods and services from the USPTO's ID Manual and agreeing to communicate electronically. The filing fee for TEAS Plus is currently $250 per class

USPTO filing fees are $250 (TEAS Plus) or $350 (TEAS Standard) per class.
TEAS Plus is cheaper but has stricter initial requirements.
TEAS Standard offers more flexibility at a higher cost.
You pay per class of goods/services your trademark covers.
Filing fees are non-refundable.

Costs Associated with Trademark Searches

Before you even consider filing an application, conducting a comprehensive trademark search is a critical step. The goal of a search is to determine if your desired mark is likely to conflict with any existing registered trademarks or pending applications. This can prevent costly rejections and potential legal disputes down the line. The cost of a trademark search can range widely. A preliminary search can often be done yourself using the USPTO's Trademark Electronic Search System (TESS). This

DIY searches using USPTO's TESS are free but require expertise.
Professional trademark searches can cost $300-$1,500+.
Thorough searches prevent costly rejections and legal issues.
Consider phonetic and conceptual similarity in searches.
Search costs are an investment in avoiding future expenses.

Trademark Attorney Fees: When and Why to Hire One

While it is possible to file a trademark application yourself, many businesses choose to hire a qualified trademark attorney. The primary reason is to navigate the complex legal landscape of trademark law, which can be daunting for individuals without legal training. An attorney can conduct a more thorough search, advise on the registrability of your mark, draft the application accurately to avoid common pitfalls, and respond to any office actions issued by the USPTO examiner. Attorney fees for

Attorneys help navigate complex legal requirements.
Flat-fee packages typically range from $500-$2,500 (plus USPTO fees).
Hourly rates can be $200-$600+, depending on complexity.
Legal expertise increases the likelihood of successful registration.
Hiring an attorney is an investment in brand protection.

Ongoing Costs: Trademark Maintenance and Renewals

Obtaining a trademark registration is not a one-time event; it requires ongoing maintenance to remain valid. The USPTO requires periodic filings to show continued use of the mark in commerce. These maintenance filings are crucial to prevent your trademark from being canceled. The first significant maintenance filing is due between the 5th and 6th year after registration. This filing requires a Declaration of Use (Section 8 affidavit) and a fee, which is currently $225 per class. The next mainte

Trademarks require periodic maintenance filings to remain active.
A Declaration of Use (Section 8) is due between years 5-6 ($225/class).
A Declaration of Use and Renewal (Sections 8 & 9) are due between years 9-10 ($525/class total).
Subsequent filings are required every 10 years.
Ongoing monitoring and enforcement may incur additional costs.

International Trademark Protection Costs

If your business operates or plans to operate beyond the borders of the United States, you will need to consider international trademark protection. The USPTO registration only provides protection within the U.S. For protection in other countries, you generally have two main avenues: filing directly with the trademark office of each country you wish to protect, or using the Madrid Protocol, an international treaty administered by the World Intellectual Property Organization (WIPO). Filing direc

USPTO registration is only valid within the U.S.
International protection requires separate filings in each country or via the Madrid Protocol.
Direct national filings can be costly and complex, often requiring local attorneys.
The Madrid Protocol streamlines filings in multiple member countries.
Madrid Protocol costs include WIPO fees and individual country fees, plus potential legal costs.

How Company Formation Affects Trademarking Costs

While the core USPTO filing fees for trademarks are the same regardless of your business structure, the way you form your company can indirectly influence your overall trademarking expenses and strategy. For instance, forming an LLC or a Corporation with a service like Lovie provides a legal framework that helps distinguish your business assets, including your brand name, from your personal assets. This separation can be important during the trademark application process, especially if the mark

Company formation (LLC, Corp) creates a distinct legal entity for trademark ownership.
Formal business structures can simplify ownership and transfer.
Establishing a legal entity demonstrates bona fide intent to use a mark.
Company formation costs are generally lower than trademark legal disputes.
Lovie simplifies business formation, complementing trademark efforts.

Frequently Asked Questions

What is the cheapest way to get a trademark?: The most cost-effective way is to file yourself using the USPTO's TEAS Plus option ($250 per class) and conduct your own preliminary search using TESS. However, this requires careful attention to detail and understanding of trademark law to avoid mistakes.
How much does it cost to trademark an LLC name?: The cost to trademark an LLC's name involves USPTO filing fees ($250-$350 per class) plus potential costs for searches and attorney fees if you choose professional assistance. The LLC formation itself has separate state fees.
Can I trademark a logo and a name separately?: Yes, you can. A logo is considered a design mark, and a name is considered a word mark. You will typically need to file separate applications for each, and each application will incur its own set of USPTO fees, search costs, and potential attorney fees.
What happens if my trademark application is rejected?: If your application is rejected, you will receive an 'Office Action' from the USPTO explaining the reasons. You can choose to abandon the application, or you can file a response arguing against the rejection, which may involve hiring an attorney and incurring additional costs.
How long does it take to get a trademark?: The timeline can vary significantly. For straightforward applications with no issues, it can take 6-12 months. However, if the USPTO issues an Office Action or if there are oppositions, the process can extend to 18 months or even longer.

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