How Much Does It Cost to Trademark a Business Name?

Failure to file these documents and fees can lead to cancellation or expiration of the registration. And if that happens, you're back to square one. Meaning you will need to restart the entire registration process and file a new application. Also, there's no guarantee that just because your trademark was approved the first time around, it will receive the same fate the second time.

Other costs for maintaining a trademark

Securing a trademark is a fantastic step for your brand—but it doesn't mean that you can sit back and relax. Enforcing your trademark rights is your responsibility. Protecting the exclusivity of this valuable brand asset involves diligent monitoring and keeping up with the registration requirements. 

Failure to follow maintenance protocols can mislead the general public and your customers, create confusion, and even cause you to lose your trademark. Effective and careful monitoring, while essential, can possibly incur additional costs. 

Trademark monitoring

Trademark monitoring is a way to protect your legal rights by keeping tabs on ongoing USPTO trademark filings. This act can help identify if anyone is attempting to register a name that's similar to your registered trademark—and challenge the registration. It's simplest to think of trademark monitoring as a watchdog, and it’s your responsibility to take timely action in response to someone infringing upon your intellectual property rights.

Trademark owners often find this task time-consuming, pulling their focus from more important tasks, like engaging customers and delivering exceptional service. Enlisting the help of a trademark monitoring service makes matters easier.

At LegalZoom, we understand the importance of having a unique business name. It's an essential brand asset we want to help protect from copycats and those using your brand name without permission. We keep a close watch on filings posted in the Trademark Official Gazette and alert you when we feel someone is filing for a name that could possibly weaken your trademark rights.

Trademark searches

A key step in getting a successful trademark application with minimal office action is conducting a thorough trademark search. A trademark search can make or break your application because it helps determine the uniqueness of your trademark—which is one of the main things the USPTO attorneys look for.

While you can perform the search yourself on the USPTO trademark database, the process is very detail-oriented. It's important to properly understand the results—and don’t assume you're done after performing a basic search. If any conflicts or confusions arise, the examining attorney may raise an office action to your application. This can not only lengthen the approval process but also increase the costs.

LegalZoom has helped small business owners perform this crucial step in their trademark journey. Our trademark attorneys perform a comprehensive search that covers checks at both the federal and state levels, including trademark applications, common law trademarks, and online resources. 

And, our support doesn't end here. If you decide to use our bundled trademark search and registration package, we’ll even provide a complimentary second search if we identify any issues, like a similar trademark that already exists.We also guide you through the entire application process, increasing your chances of approval.

FAQs

Why is trademarking a business name important?

Your business name is a distinctive feature of your brand's identity. It helps you shine in the marketplace. Once your business name is granted trademark protection, you can protect your brand's identity from being used by another person or entity in a similar line of business.

How long do trademarks last?

Trademarks are known to last 10 years from the date of registration. Trademarks can continue to exist and don't expire like patents or copyrights as long as you continue to use the trademark, file the necessary maintenance declarations, and pay the required fees.

What's the average cost to trademark a business name?

The base cost to get a federal trademark for a business name is $350.

Should I get a trademark or LLC first?

Forming a legal entity and applying for a trademark serve two different purposes. A trademark protects intellectual property, while forming an LLC protects your personal assets from business liabilities. What you should do first depends on your needs. For instance, many business owners choose to form an LLC first if they want the business entity to be the trademark owner. Speak to an experienced intellectual property attorney to understand what course of action you should take. They can properly assess your unique needs and provide sound advice. 

Do I need a lawyer to apply for a trademark? 

The USPTO doesn't require you to have a licensed lawyer unless you're an international company looking to get a U.S. trademark. But applying for a trademark is a complicated area of law where there could be unexpected challenges. Say the examining attorney raises an office action stating your trademark application is confusingly similar to another trademark. You need to be knowledgeable and confident enough to defend your case. Otherwise, all the hard work and effort you invested in establishing a brand name can go to waste because of a rejection. The benefits of using an attorney far outweigh the costs. 

What's the cost of a trademark attorney?

The upfront cost of hiring a trademark attorney would be between $450–$5,000. Yes, that is quite a range, but know that attorneys have several different ways to charge their clients. Some intellectual property lawyers offer flat rates for just conducting a preliminary trademark search and preparing an application. Others bill by the hour and have rates that start at $180. The fees may be significantly higher if the attorney has to represent you in a trademark trial. 

How can I get an international trademark?

You can use the Madrid System, also known as the Madrid Protocol, to secure an international trademark. If you have a U.S. registered trademark or an application in process, follow the outbound application process provided through the USPTO portal for your international trademark application. The filing requirements and fees depend on the country you want to register your trademark in.

Jonathan Layton, J.D., contributed to this article.