How Much Does It Cost to Trademark a Business Name?
Trademarking a business name can cost a few hundred dollars if the owner files a straightforward federal application without an attorney, or several thousand dollars when legal help, multiple product or service categories, and follow-up fees are involved. The right budget depends on where protection is needed, how the name is used, and whether the application encounters problems. Knowing the difference between filing fees and optional costs helps a business plan before applying.
Typical Cost to Trademark a Business Name
For a U.S. federal trademark application filed directly with the U.S. Patent and Trademark Office (USPTO), the standard electronic application fee is generally $350 per class of goods or services. A business applying in two classes would usually pay $700 in initial USPTO fees. The fee is nonrefundable, even if the USPTO refuses the application or the applicant later withdraws it.
That is only the basic filing cost. The total may include a name search, legal assistance, extra fees for certain application deficiencies, and later fees to complete or maintain the registration. A practical estimate is:
- DIY federal application: at least $350 for one class, plus any applicable additional fees.
- Federal application with an attorney: often about $850 to $2,500 or more for one class, depending on the lawyer’s fees and the application’s complexity.
- State trademark registration: often tens to a few hundred dollars in state fees, depending on the state and the number of classes.
These ranges are planning estimates, not fixed prices. Attorney fees are not set by the USPTO, and state fees and procedures vary. Applicants should check current fee schedules before filing, since trademark fees can change.
What the USPTO Filing Fee Covers
The USPTO fee pays for examination of an application for the goods or services listed in a particular class. A class is a category in the federal classification system, such as clothing, software, or restaurant services. The class count is not necessarily the same as the number of products, product lines, or states where a business operates. One application can cover more than one class, but each class generally has its own fee.
For example, a company selling branded shirts and providing online retail services might need to consider separate classes. The correct classes depend on the specific goods or services and how the mark is used. Choosing classes is a substantive part of the application: listing the wrong categories or describing offerings inaccurately can create problems during examination or limit the registration’s scope.
The USPTO’s official fee schedule lists application charges and related fees. Applicants should consult the USPTO fee schedule and trademark application guidance before submitting payment.
Federal Trademark Costs Beyond the Initial Application
Intent-to-use applications
A business may apply before it begins selling goods or providing services under the name by filing an intent-to-use application. If the USPTO approves it, the applicant must later show qualifying use in commerce before registration can issue. The current USPTO fee for filing a statement of use is generally $150 per class. If the business needs more time, an extension request generally costs $125 per class. Additional extension requests may be available, subject to USPTO rules and deadlines.
These charges are separate from the initial application fee. As a result, a one-class intent-to-use application that proceeds to registration will cost more than the initial $350 filing fee. The business should also budget for evidence showing that the mark is actually used with the listed goods or services.
Possible surcharges and application problems
Some applications incur additional fees because required information is missing or because an applicant uses a filing option with additional requirements. The USPTO’s fee rules and application systems determine which charges apply. An examiner may also issue an office action asking for clarification, raising a legal issue, or requiring changes. Responding to an office action does not always require a separate government fee, but a business that hires an attorney to prepare the response will usually pay additional legal fees.
A refusal can require more work and may prevent registration. Common issues include a name that is too descriptive, a likelihood of confusion with an earlier mark, or an application that does not properly identify the owner or goods and services. The initial fee is generally not refunded if the application is refused.
Maintenance and renewal fees
Registration is not a one-time cost. Federal registrants must file maintenance documents and fees to keep a registration active. In general, a Declaration of Use or Excusable Nonuse is due between the fifth and sixth years after registration. A combined use declaration and renewal is generally due between the ninth and tenth years, and at ten-year intervals afterward. The USPTO charges per class, and late filing within an available grace period can involve an additional fee.
Exact amounts and filing requirements can change. The USPTO’s registration maintenance guidance explains the deadlines and current fees. Missing a deadline can result in cancellation, so businesses should calendar renewal dates and keep proof of continued use.
Attorney Fees and Professional Help
Hiring a trademark attorney is optional for many U.S.-domiciled applicants, but it can reduce avoidable mistakes. A lawyer may conduct a clearance search, assess the likelihood of conflict, recommend classes and wording, prepare the application, and respond to USPTO correspondence. Legal fees vary by region, experience, and scope of work. A basic application package may cost several hundred dollars to more than $1,500, while searches, office-action responses, appeals, or disputes can raise the total substantially.
Some firms charge a flat fee for a defined service; others bill hourly. The engagement should clarify whether the quote includes the USPTO fee, search work, responses to office actions, and later maintenance filings. The USPTO fee is separate unless the attorney explicitly says it is included.
Applicants located outside the United States generally must be represented by a U.S.-licensed attorney for USPTO trademark matters. U.S.-domiciled applicants are not subject to that same federal representation requirement, though legal advice may still be useful when ownership, clearance, or the scope of protection is uncertain.
Trademark Search Costs
Searching before filing helps identify similar names that could block registration or prompt a dispute. The USPTO offers free access to its federal trademark database through trademark search tools. A basic DIY search costs nothing, but it takes care to search spelling variations, similar-sounding terms, related goods and services, and marks that may not look identical.
Paid search services and attorney-led clearance searches can range from modest fees to several hundred dollars or more, depending on the breadth of the search and the analysis provided. A comprehensive search may examine federal and state records, business directories, websites, and common-law use. Common-law rights can arise from use even when a business has not registered its name with the USPTO, so a federal database search alone cannot establish that a name is risk-free.
A search is not a guarantee of registration. It is a risk-assessment step that can help a business avoid investing in branding, packaging, signage, or marketing for a name that may conflict with someone else’s rights.
Federal, State, and Business-Name Registration Costs
Federal trademark registration is not the only kind of business-name filing. A state trademark registration, a business entity name filing, and a fictitious name or DBA filing serve different purposes. They should not be treated as interchangeable protections.
| Filing type | Typical purpose | How cost is determined |
|---|---|---|
| Federal trademark | Seeks nationwide rights for the listed goods or services, subject to trademark law and existing rights. | USPTO fee is generally charged per class, plus optional professional and later fees. |
| State trademark | Registers a mark under a particular state’s law, usually with a more limited geographic scope. | State-specific fee, forms, and eligibility rules. |
| Business entity name | Identifies an LLC, corporation, or other entity in state business records. | State formation or name-filing fee; does not by itself create federal trademark rights. |
| DBA or fictitious name | Records a business operating under a name different from its legal owner or entity name. | Varies by state, county, or city; publication may be required in some places. |
A company’s state-approved LLC name does not automatically give it trademark protection. Likewise, registering a DBA generally does not establish exclusive nationwide rights to use that name as a brand. The appropriate filing depends on the business’s goals and where it uses the mark. State agencies and the U.S. Small Business Administration’s business-name guidance can help explain local registration requirements.
What Determines the Total Cost?
- Number of classes: Each class generally adds another federal application fee and may add costs to later filings.
- Use status: An intent-to-use application can require later statements of use or extension requests.
- Name strength: Invented or arbitrary names are often easier to distinguish than names that directly describe a product or service.
- Conflicting marks: Similar earlier marks may lead to an office action, negotiation, opposition, or refusal.
- Application accuracy: Incorrect owner details, vague goods and services, or unsuitable evidence can create delays and extra work.
- Ongoing protection: Monitoring, enforcement, and maintenance filings can create costs after registration.
A trademark registration does not automatically stop every similar use. The owner is responsible for monitoring and enforcing its rights, and disputes can be expensive. Some businesses use watch services or legal counsel to track potentially conflicting filings, but those services are optional and priced separately.
How to Estimate a Trademark Budget
A useful estimate starts with the scope of protection the business actually needs. The owner can identify the exact name, the goods or services offered under it, whether sales have begun, and the relevant classes. A preliminary search can then reveal obvious conflicts before the business commits to filing. If the name is central to the brand or the search reveals close matches, a trademark attorney can assess risk before the application is submitted.
- Confirm who owns the name: an individual or the correct business entity.
- Describe the goods and services accurately and select appropriate classes.
- Search for identical and similar marks, including relevant marketplace use.
- Check the USPTO’s current per-class fees and any intent-to-use costs.
- Decide whether legal assistance is appropriate and confirm what the quote includes.
- Set reminders for any USPTO response deadlines and future maintenance filings.
For a simple, one-class, use-based federal application filed directly by the owner, $350 is a reasonable starting point for the government filing fee, not a guaranteed all-in price. For an application with professional help, multiple classes, intent-to-use requirements, or legal complications, the total can rise to hundreds or several thousand dollars. Checking current USPTO and state fee schedules before filing gives the most reliable estimate.