The cost of a trademark varies significantly, ranging from a few hundred dollars for basic government filing fees to several thousand dollars when including legal services, comprehensive searches, and ongoing maintenance.
Understanding Trademark Costs
Securing a trademark involves several potential expenses, primarily divided into government filing fees, professional legal fees, and other associated costs. The total cost depends on factors such as the scope of protection sought, the complexity of the mark, the number of goods or services it covers, and whether you opt for legal assistance.
1. Government Filing Fees
These are mandatory fees paid directly to the government entity responsible for registering trademarks.
Federal Trademark Fees (United States Patent and Trademark Office - USPTO)
The USPTO offers different application forms, each with varying fees. These fees are per class of goods and services. A single trademark might apply to multiple classes (e.g., clothing in one class, retail services in another), requiring additional fees per class.
Here’s a general overview of common USPTO filing fees:
| Application Type | Description | Fee Per Class (as of latest available information, subject to change) |
|---|---|---|
| TEAS Plus | The most cost-effective online application. Requires all requirements to be met at filing, including a pre-approved description of goods/services. | $250 |
| TEAS Standard | Used when an applicant cannot meet all the requirements of TEAS Plus (e.g., needs to create their own description of goods/services). | $350 |
| Paper Application | Filing a trademark application via mail (physical paper form) is the most expensive method. | $750 |
| Section 66(a) (Madrid Protocol) | For international applications designating the U.S. | Varies |
For the most current and detailed fee schedule, always refer to the official USPTO website.
State Trademark Fees
Some businesses may opt to register their trademark at the state level, particularly if their business operations are confined to a single state and they do not intend to expand interstate.
For instance, the fee for filing a Trademark or Service Mark with a state office, such as California, is $70.00 per classification code per mark. This means if your mark covers goods or services falling into two different classification codes, the state filing fee for that mark would be $140.00 ($70 x 2).
2. Legal Professional Fees
While it's possible to file a trademark application yourself, many individuals and businesses choose to hire a trademark attorney. Legal fees can constitute a significant portion of the total cost but offer expertise and reduce the risk of errors or rejections.
Common services provided by trademark attorneys include:
- Comprehensive Trademark Search: Attorneys conduct in-depth searches beyond the USPTO database to identify similar existing marks that could lead to a refusal or infringement claim. This can cost anywhere from a few hundred to over a thousand dollars, depending on the scope.
- Application Preparation and Filing: Drafting the application correctly, selecting the appropriate classes, and writing clear descriptions of goods and services. Flat fees for this service might range from $500 to $2,000 per class, while hourly rates can vary widely.
- Responding to Office Actions: If the USPTO examiner raises issues (e.g., descriptiveness, likelihood of confusion), an attorney can draft and file a legal response, which can cost $500 to $2,000 or more per response, depending on complexity.
- Trademark Litigation: In cases of opposition or cancellation proceedings, or infringement lawsuits, legal fees can quickly escalate into thousands or tens of thousands of dollars.
Many attorneys offer flat-fee packages for basic trademark registration services, providing cost predictability.
3. Additional Services and Maintenance Costs
Beyond the initial registration, there are other potential costs:
- Trademark Monitoring Services: To protect your registered mark against infringement, monitoring services can track new applications or uses of similar marks. These can be subscription-based, ranging from $50 to $500+ annually.
- Affidavits of Use and Incontestability (Federal): To maintain a federal trademark registration, you must file periodic declarations of continued use.
- Section 8 Declaration (between years 5 and 6, and every 10 years thereafter): ~$225 per class.
- Section 15 Declaration (optional, between years 5 and 6, to make the mark incontestable): ~$200 per class.
- Renewal Fees (Federal): Every 10 years after registration, a renewal fee is required, along with the Section 8 declaration.
- International Registration: If you plan to protect your mark internationally, additional fees apply through systems like the Madrid Protocol or individual country filings, which can be very expensive depending on the number of countries.
Factors Influencing Overall Trademark Cost
- DIY vs. Attorney: Filing yourself saves legal fees but carries higher risks.
- Number of Classes: Each class of goods/services incurs additional government filing fees.
- Search Scope: A basic database search is cheaper than a comprehensive common law search.
- Office Actions: Responses to examiner rejections increase legal costs.
- Maintenance & Monitoring: Ongoing costs to protect and maintain the registration.
In summary, while a basic federal trademark application might start around $250 in government fees, a more comprehensive approach including attorney services, a thorough search, and potential office action responses could easily reach $1,500 to $3,000 or more for initial registration.
