The cost of federally trademarking a business name is typically between $350–$850—and it’s well worth it.
Why? The name you choose for a new business is often among its most valuable assets. By trademarking your company name with the United States Patent and Trademark Office (USPTO), you gain nationwide protection against competing businesses that may be inclined to use a similar name. A trademark also increases your brand's market value as it signals confidence and a commitment to safeguarding the brand's assets. This small investment protects your brand and wards off unlawful use by competitors.
Here's what you can expect to pay for state and federal trademark registration.
How the trademark registration process works
A trademark, which applies to business names, logos, and slogans, distinguishes your business from marketplace competition.
There are two kinds of trademarks: a federal and a state trademark.
- Filing a state trademark registers your mark only with the state you filed in. Your company name is registered with the state government body and receives protection within state lines, not nationally.
- A federal trademark registration is filed with the USPTO. The federal trademark application process is slightly more complicated but gives your business exclusive rights to use the name at the national level.
The process for trademarking a name at the federal level begins with conducting a trademark search to ferret out any potential conflicts. Assuming there are no conflicts, you'll then need to complete an application for trademark registration with the USPTO.
In the application, you must identify the mark as well as the classes of services or goods for which it will be used in commerce. Other parts of the application also get very specific.This is where things get very specific. For instance, if your business name has no unique colors or symbols, it would qualify as a "standard character mark" rather than a "special form mark”—two distinct types of trademark.
If your application is approved, the USPTO grants a mark for your business name. It gains federal trademark protection against infringement on a national level, and this allows you to affix the prestigious ® symbol to your goods and services.
A trademark registration also provides you a leg up if it becomes necessary for you to enforce your mark in an infringement action lodged in federal court. The federal registration of your business name trademark is valid for a period of 10 years, after which time you must file an application for renewal.
How much does it cost to trademark a business name?
Wondering, "How much does a trademark cost at the federal level?" According to the USPTO website, the trademark fees you'll pay depend on:
- The number of trademark classes you seek.
- Whether the application is incomplete.
- Whether you use the free-form text box to describe your goods or services.
- The length of application—that is, if you need additional characters beyond the standard limit to describe your trademark.
- The filing basis you opt for. For instance, if you use an intent-to-use filing basis, you will have to pay an additional fee when you submit the Statement of Use form after trademark approval.
The base cost to file an application also depends on whether you are filing online or via a paper application. Note that paper applications are only allowed in extreme circumstances and under very specific conditions.
Online trademark application fees
The USPTO prefers that applicants file electronically through the Trademark Center (formerly known as the Trademark Electronic Application System or TEAS).
The cost of filing an application online is $350 for a business name in a single class of goods and services. If you wish to trademark the business name under multiple classes, you will have to pay more. Say you have an organic juice company named Good Juicery. You also operate retail stores where you sell your juices. If you want to trademark your business name, you may need to do so under two classes—beverages and retail services.
Below, you'll find a list of basic filing fees per class of goods and services.
- Base application fee: $350
- Incomplete application: $100
- Extra characters: $200
- Use of free text box: $200
- Statement of use (for intent-to-use filing: $150
Paper trademark application fees
The cost to file a paper trademark application is normally $850 for each class of services or goods.
You can only file a paper application form with the USPTO in certain emergency circumstances, such as when a deadline is approaching and there is a system outage. Even more, the cost difference alone is enough to warrant opting for the online application, since there is no specific benefit to using a paper application over an online one.
No matter which filing method you use, keep in mind that the filing fee is not reimbursed in the event the USPTO denies your application to trademark a business name.
How much does it cost to renew a trademark?
Your trademark protection lasts for a good 10 years. But you have to pay renewal fees at certain intervals to keep the trademark alive.
Between the fifth and sixth year of your trademark registration, these are the forms and fees you need to complete and pay for:
- Section 9 renewal fee. The online renewal fee is $325 per class of goods or services in the registration. The paper filing fee for renewals is $525 per class of goods and services.
- Section 8 declaration of use and/or excusable nonuse. The online fee is $325 per class, and the paper fee is $425. If you're late in submitting the Section 8 declaration, but still file within the six-month grace period, there's an additional $100 charge.
- Section 15 declaration of incontestability (optional). The electronic filing fee is $250 per class, while the paper method will cost $350 per class. You can only fill this declaration if you have continuously used the trademark for five years from the date of registration and no legal case has been filed against you (the trademark owner).
After the initial 10-year trademarking period has expired, you need to submit a combined Section 8 declaration of use and a Section 9 renewal fee. The combined fee is $650 per class to file electronically. Each subsequent 10-year declaration has the same filing fee.
Combined cost of trademark renewals
| Type | Cost |
|---|---|
| First renewal Section 8, 9, & 15 (between fifth and sixth year) | $900 |
| Second renewal combined Section 8 & 9 (between ninth and 10th year) | $650 |
| Subsequent renewals Section 8 & 9 (20th, 30th, 40th, and more) | $650 |
| Type | Cost |
|---|---|
| First renewal Section 8, 9, & 15 (between fifth and sixth year) | $900 |
| Second renewal combined Section 8 & 9 (between ninth and 10th year) | $6500 |
| Subsequent renewals Section 8 & 9 (20th, 30th, 40th, and more) | $650 |
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 for years—and according to the USPTO, we’re the #1 filer of trademark applications in the United States. When you choose to file a trademark with us, we start with a comprehensive search that checks at both the federal and state levels, including pending 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. Finally, your application will be prepped and filed by an attorney, with plenty of guidance along the way.
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.
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