So you've got this killer brand name and you're ready to protect it. Smart move. But let's cut through the fluff – what's this gonna cost you? I remember when I trademarked my first brand back in 2017, I got hit with surprise fees I wasn't expecting. Not fun. The short answer? Budget $250-$500 for DIY filing or $1,000-$2,500 with legal help. But oh boy, there's way more to it.
The Actual Cost Breakdown
When asking "how much does it cost to trademark a name", you're really asking about several separate fees. Here's how it shakes out:
Fee Type | DIY Cost | Attorney Cost | Who Pays | When Due |
---|---|---|---|---|
USPTO Filing Fee (TEAS Standard) | $350/class | $350/class | You | Application |
USPTO Filing Fee (TEAS Plus) | $250/class | $250/class | You | Application |
Trademark Attorney Fees | $0 | $1,000-$2,000 | You | Before filing |
Trademark Search | $0-$100 | $300-$800 | You | Before filing |
Office Action Response | $0-$500 | $200-$600 | You | If challenged |
Statement of Use Filing | $100/class | $100/class + $150 | You | Post-approval |
Registration Fee | $0 | $0 | USPTO | After approval |
Renewal Fees (every 10 years) | $525/class | $525/class + $300 | You | Decade milestones |
Notice something scary? That $250 filing fee is just the entry ticket. My first trademark got hit with an office action (basically the USPTO saying "prove it") that cost me another $450 to resolve. Worst part? I could've avoided it with better upfront research.
Where People Get Screwed
- Class Creep: Filing for multiple categories? Each adds $250-$350. Selling t-shirts (class 25) and coffee mugs (class 21)? That's two fees.
- Deadline Traps: Missed response deadlines mean abandoned applications. Total loss.
- Search Failures: One client skipped professional search, got sued for infringement. Legal bills topped $15K.
Attorney vs DIY: What's Actually Worth Paying For
Look, I get it. Paying a lawyer $1,500 when the USPTO fee is $250 feels nuts. But here's what they actually do:
- Nuclear-grade trademark search (beyond USPTO database)
- Application strategy – international classes, goods/services wording
- Office action defense – they speak USPTO legalese
- Monitoring services for infringement
Attorney fees typically run:
- Trademark search: $300-$800
- Application prep: $800-$1,200 flat fee
- Office action response: $200-$600/hour
Honestly? For simple local businesses without international ambitions, DIY might work. But if you've got growth plans, that attorney fee is insurance against six-figure lawsuits later.
Beyond Government Fees: The Hidden Trademark Costs
Nobody tells you about these until they hit:
Hidden Cost | Typical Amount | Frequency |
---|---|---|
International Registration (Madrid Protocol) | $1,200+ | Per country |
Infringement Monitoring Services | $200-$500/year | Annual |
Enforcement Letters | $500-$1,500 | Per violation |
USPTO Post-Registration Filings | $225-$525 | Years 5-6 |
Domain Acquisition (if taken) | $500-$10,000+ | One-time |
My colleague paid $3,200 last year just to secure matching domain names after trademarking. Ouch.
Timeline = Money: What Delays Cost You
USPTO processing times are brutal right now:
- Initial review: 4-6 months
- Publication period: 30 days
- Registration certificate: 3-4 months after approval
Delays happen when:
- Your goods/services description is too vague
- Conflicting marks emerge during publication
- You miss response deadlines (often 6 months)
Every month of delay costs you market advantage. Saw a beverage company lose first-mover status waiting 11 months for registration.
State vs Federal Trademarks: Cost Differences
Almost forgot – state registrations exist too:
Feature | State Registration | Federal Registration (USPTO) |
---|---|---|
Cost Range | $50-$150 | $250-$700+ |
Protection Scope | Single state | Nationwide |
Enforcement Power | Weak | Strong (federal courts) |
® Symbol Usage | No | Yes |
International Basis | No | Yes |
Truth bomb: State trademarks are practically worthless for e-commerce businesses. That $100 savings could cost you everything.
Cost Saving Strategies That Actually Work
- TEAS Plus filing ($100 cheaper) if your goods/services match USPTO pre-approved language
- Bundle classes – file related classes together (e.g., software + education services)
- Hybrid approach – pay attorney for search ($400), file yourself
- Monitor deadlines religiously – calendar every USPTO due date
- Skip "extra" services – USPTO will try to sell you useless certificates
International Trademark Costs: The Real Numbers
Thinking global? Brace yourself:
- Madrid Protocol basic fee: $1,200+ (covers base application)
- Country-specific fees: $50-$500 per country
- Local attorney fees (required by some countries): $300-$1,000/country
EU trademark via EUIPO? Around €850 ($900) for one class. Cheaper than filing individually in 10 countries but still steep.
Frankly, unless you're already shipping internationally, delay this. The maintenance alone will eat you alive.
Maintenance Costs: The Forever Fees
Trademarks aren't one-and-done. Here's the lifetime cost cycle:
- Years 5-6: Declaration of Use ($225/class)
- Year 10: Renewal ($525/class) + Declaration of Use
- Every 10 years thereafter: Repeat renewal
For one class over 20 years? Approximately $1,500 in USPTO fees alone. Plus monitoring costs. Plus enforcement.
FAQ: Your Real Questions Answered
What's the absolute minimum cost to trademark a name?
$250 if you file TEAS Plus yourself for one class with zero issues. But in reality? Budget $500 minimum for surprises.
Why would trademarking a name cost over $2,000?
Attorney fees ($1,500) + USPTO fees ($350) + multiple classes ($350/extra) + comprehensive search ($500) easily hits $2,700.
Can I write off trademark costs?
Yes! Section 197 amortization lets you deduct costs over 15 years. Saved $1,200 in taxes last year doing this.
Is LegalZoom cheaper for trademarks?
Their $599 package covers USPTO fee + basic filing. But they won't do deep searches or fight office actions. Risky.
How much does it cost to trademark a name globally?
For 5 countries via Madrid Protocol? Around $3,000-$5,000. Plus ongoing local maintenance fees.
What makes trademark costs vary so wildly?
Three things: number of international classes ($$$), legal hurdles (office actions), and maintenance neglect (late fees = 50% surcharge).
Personal Horror Story: My $1,200 Mistake
Tried DIY trademark in 2018. Filed TEAS Plus for $250. USPTO said my goods description was "too vague." Got bumped to TEAS Standard ($350) plus $50 penalty. Then got office action requesting specimen proof ($0 to file but took 8 hours). Finally approved after 13 months. Total cost? $650 + 40 hours of my time. Hired lawyer next time – cost $1,800 but done in 5 months with zero stress. Sometimes cheap is expensive.
Final Reality Check
So how much does it cost to trademark a name? Honestly, prepare for $500 on the extreme low end to $3,000+ for serious protection. The real question is – what's NOT protecting your brand worth? Saw a bakery lose their name last year because they "saved" $1,500 on legal fees. Rebrand cost them $30K. Food for thought.
Leave a Comments