US Trademark Costs Made Simple: What to Expect and Budget For

Taking the leap to register your trademark can feel like quite a step. But one way to ease the stress is to know what you’re getting yourself into. The standard fee to register your trademark is $350 per class. However, you can expect several additional fees, depending on your application.

What constitutes a trademark?

It’s not uncommon to confuse copyrightable works or patentable inventions with trademarkable brand distinguishers that identify the source of your goods or services. These distinguishing features include the following:

• Logos
• Slogans
• Designs
• Characters
• Colors
• Sounds
• Scents

An overview of the different trademark fees

Are trademark renewals necessary?

Absolutely, and it’s an important part of maintaining your brand’s legal protection. Trademark registration isn’t a “set-it-and-forget-it” kind of process. While registering your trademark provides you with strong protections, those protections come with ongoing responsibilities.

First, your trademark must remain in consistent use in commerce. This means you need to actively use the mark for the goods or services listed in your registration. If it’s not being used, you risk losing your rights to the trademark.

Additionally, maintaining your trademark registration with the USPTO requires a bit of paperwork at specific intervals. Between the 5th and 6th year after registration, you’ll need to file a Section 8 Declaration of Use. This filing is essentially your way of telling the USPTO, “Yes, I’m still actively using this trademark in commerce.”

But it doesn’t stop there. Every 10 years after your initial registration, you’ll need to submit both a Section 8 Declaration of Use and a Section 9 Renewal Application. These filings confirm continued use of your trademark and renew its registration for another decade. Missing these deadlines or failing to meet the requirements could lead to your trademark being canceled, leaving your brand unprotected.

What is a trademark opposition, and how much does it cost to respond to one?

A trademark opposition is a formal challenge that occurs during the trademark application process, specifically after your mark is published in the USPTO’s Official Gazette. At this stage, your application has passed the initial examination and is essentially being announced to the public, giving others the opportunity to voice objections. If someone believes your trademark could harm their own business, create confusion in the market, or otherwise infringe on their rights, they can file an opposition within 30 days of publication.

This challenge is handled before the Trademark Trial and Appeal Board (TTAB), a body within the USPTO that resolves disputes about trademarks. The opposing party must provide valid reasons for their objection, such as claiming your mark is too similar to theirs, is likely to confuse consumers, or is descriptive and therefore not eligible for trademark protection.

The cost to file a trademark opposition falls to the opposer, who must pay $600 per class of goods or services being opposed. However, if you are on the receiving end of an opposition, the costs can quickly escalate. While there is no fee for responding to the opposition itself, the process often involves legal expenses.

Be brave — take the plunge!

Taking the plunge into trademark registration doesn’t have to be daunting. With a clear understanding of the costs and requirements, you can make informed decisions and confidently protect your brand.

Additional resources

• What Are the Various USPTO Trademark Classes? (+ Making the Right Choice for Your Business)
• How Easy Is It to Register a Trademark in the U.S.?