How Much Does a Trademark Cost? A Guide to Common Fees

Sep 9

If you’ve been building your brand and want to protect it, chances are you’ve asked yourself: “How much does a trademark cost?” It’s a fair question – and the honest answer is: it depends.

Trademark registration isn’t a flat-rate process. The cost varies based on what brand elements you’re protecting, how many trademark classes (or “categories”) you’ll need to file in, whether you seek the support of a trademark attorney, and whether your application runs into challenges along the way. Add in the long-term maintenance required to keep your trademark alive, and it becomes clear: the cost of a trademark isn’t just a fee. It’s a strategic investment in protecting your brand for the long haul.

The USPTO publishes an up-to-date list of filing fees on its website, which can give you a helpful baseline of what to expect before starting the process. The tricky part? Understanding which fees apply to your specific situation and how they line up with your brand’s needs. And even then, those government fees are only part of the equation – you’ll also want to factor in potential legal fees if you work with an attorney. Given the complexity of trademark law (and the fact that USPTO fees are non-refundable if your application is denied), having legal support isn’t just “nice to have”; it’s often the smarter, more cost-effective choice in the long run.

So, let’s break down the most common fees associated with trademark registration and maintenance – and what they actually mean for your brand.

USPTO Filing Fees: The Foundation

Every federal trademark application starts with a filing fee paid to the United States Patent and Trademark Office (USPTO). This fee is charged per class of goods or services, which means the more areas you want protection in, the higher your filing costs will be.

Here are the current trademark filing fees set forth by the USPTO:

Standard application fee: $350 per class of goods/services
Custom goods/services description: $200 additional per class

This fee applies if you are not using USPTO’s pre-approved list of goods & services, such as for a highly-specialized product.

Statement of Use (SOU): $100 per class

This fee is required if you originally filed your trademark application based on “intent-to-use” – meaning you had not yet started using the mark in association with the goods or services, but intended to do so – and now need to prove that you are actually using the mark in commerce.

Extension to file Statement of Use (SOU): $125 per class

This gives you additional time – up to 6 total extensions – if you’re not ready to show use in commerce yet.

Request to Divide Application: $100 per new application created

This fee applies if part of your application is ready to move forward while another part is still being examined or delayed.

It’s also important to remember that USPTO fees are non-refundable. If your application is denied, you won’t get that money back. That’s why it’s crucial to get the application right the first time – ideally with the support of an attorney who can help you avoid costly mistakes.

Beyond the Initial Application: Other Potential USPTO Costs

While the standard application fee is the most common expense, it’s not the only one you might encounter during the registration process. A few other USPTO costs to be aware of include:

Office Action Responses: If the USPTO raises issues with your application (e.g., similarity to another mark or insufficient information), you may need to file additional paperwork. While the USPTO doesn’t charge for responding, the complexity of responses can often result in additional legal fees.
Extension of Time to Oppose: If someone files a potentially conflicting application, you (or another party) can request more time to oppose it. The USPTO charges $200 per application for such extensions.
Trademark Trial & Appeal Board Appeal (TTAB): If your application is refused and you wish to contest it, you can file an appeal with the TTAB for $225 per class of goods/services. This allows the Board to review and reconsider the USPTO examiner’s decision.

These aren’t guaranteed costs, but they’re worth being prepared for – especially since they can add up quickly if your application hits roadblocks.

Maintenance Fees: Keeping Your Trademark Alive

Trademark protection isn’t a “one-and-done” process. Even after registration, the USPTO requires ongoing filings to prove your mark is still in active use.

Declaration of Continued Use (Section 8): Filed between years 5 and 6 after registration. Fee: $225 per class. This confirms that your mark is still being used in commerce for the goods or services listed in your registration.
Declaration of Incontestability (Section 15): Optional filing, also between years 5 and 6. Fee: $200 per class. While not required, this filing strengthens your rights by making your trademark much harder to challenge.
Combined Declaration of Continued Use + Application for Renewal (Sections 8 & 9): Filed at year 10 and every 10 years thereafter. Fee: $525 per class. This keeps your registration active long-term and reaffirms continued use in commerce.

Miss one of these deadlines and your trademark registration is in serious jeopardy of being cancelled, even if you’ve been using the trademark consistently. That means you’d have to start the application – and all the costs associated with it – over again. Think of these filings like renewing your passport: your rights only stay valid if you keep your paperwork up to date.

Attorney Fees: The Necessary But Often-Overlooked Costs

USPTO fees are only part of the picture. For many businesses, the real investment comes with hiring an attorney.

Here’s why that matters:

Application Preparation & Filing: Trademark law is nuanced. An attorney can make sure your goods or services are classified correctly, your application is complete, and your likelihood of success is maximized, all while saving you valuable time & energy.
Office Actions: If the USPTO pushes back, legal expertise can mean the difference between moving forward or losing your filing fee entirely.
Monitoring & Enforcement: After registration, a lawyer can help monitor for infringements, send cease-and-desist letters, and represent you if disputes escalate.

Attorney fees vary widely depending on firm size, geographic location, specialized area(s) of expertise, and the complexity of your application, but many entrepreneurs spend anywhere from $1,000 to $3,000+ on legal support throughout the trademark registration process.

While that might feel steep, it’s often far less expensive than losing your filing fee on a rejected application or facing costly disputes down the line because your application wasn’t done correctly.

Protecting Your Brand is an Investment, Not a Cost

At the end of the day, a trademark isn’t just “paperwork”. It’s legal ownership of the brand you’ve worked hard to build – and the peace of mind that comes with knowing no one else can take it.

If you’re serious about protecting your business, budgeting for trademark registration and ongoing maintenance should be non-negotiable. The upfront investment now can save you from much larger financial (and emotional) costs later.

Ready to make sure your brand is protected for the long haul? We’re here to help! At Mika Mooney Law, we help business owners create proactive, customized IP protection strategies that safeguard your most valuable brand assets. Click here to book a free discovery call!

Disclaimer: This post is for legal education purposes only and should not be considered legal advice. No attorney-client relationship has been formed. To the extent this post constitutes attorney advertising, past results do not guarantee similar outcomes.