How Expensive Is It to Trademark a Name? Investing in the Future of Your Brand

When Sarah decided to turn her passion for handmade jewelry into a full-fledged business, she poured her heart into creating a unique brand name that reflected her artistry.

But when she discovered another company using a similar name, she realized how vulnerable her brand was without legal protection.

Determined to safeguard her hard work, Sarah looked into trademarking her business name but was immediately faced with a crucial question: how much would it cost? 

Like many small business owners, she quickly learned that the cost of trademarking a name can vary significantly depending on whether you file at the state or federal level and the various expenses involved in the process.

Understanding these costs is essential for anyone looking to protect their brand, and working with a qualified attorney can ensure that your trademark application is both effective and economical.

Let's explore the expenses associated with trademark registration so you can make an informed decision about protecting your brand.

Trademark registration costs: state vs. federal trademark

When deciding between state and federal trademark registration, the costs and scope of protection vary significantly.

A state trademark application is typically more affordable, with fees ranging from $50 to $150, depending on the state. This option provides protection only within the specific state where the trademark is registered, making it suitable for businesses operating solely within that state.

Conversely, federal trademark registration, managed by the USPTO, offers nationwide protection but comes with higher costs.

Filing fees generally range from $250 to $350 per class of goods or services. The process can be more complex and often require legal assistance, which can add to the cost.

While federal registration is more expensive, it provides broader protection, including the legal presumption of ownership nationwide and the ability to enforce your trademark in federal court.

This makes federal registration a better option for businesses planning to expand beyond their home state or engage in interstate commerce.

Want to learn more about trademarking? Read our article “How Long Does It Take to Get a Trademark? (Let's Explore!).”

The trademark fees involved with the registration process

When navigating the trademark registration process, it's important to consider the various costs involved, including filing fees, legal fees, maintenance fees, and additional costs that may arise throughout the process — let’s explore: 

1. Filing fees

Filing fees are the primary and most straightforward cost in the trademark registration process.

These fees differ depending on whether you are filing for state or federal registration. 

State trademark filing fees generally range from $50 to $150, offering protection only within the borders of the specific state.

This can be a cost-effective option for small businesses that operate exclusively within one state.

On the other hand, federal trademark filing fees are higher, typically ranging from $250 to $350 per class of goods or services.

This fee structure reflects the broader protection offered by federal registration, which extends across the entire United States. If you choose to register your trademark in multiple classes (e.g., apparel and accessories), you must pay the filing fee for each class​.

2. Legal fees

While it's possible to navigate the trademark registration process on your own, many businesses opt to hire a trademark attorney to ensure that the application is properly completed and that their trademark is fully protected.

At Trademarkia, we charge $300 per class registered.

Our fees cover a consultation with a trademark attorney and the preparation and filing of the application.

Responding to issues raised by the United States Patent and Trademark Office (USPTO) may incur additional costs.

And:

While the services of a trademark attorney aren’t mandatory, they can significantly reduce the risk of your application being rejected or facing legal challenges later.

3. Maintenance fees

Once your trademark is registered, ongoing maintenance fees keep it active and enforceable.

For federal trademarks, you must file a Section 8 Declaration of Use between the 5th and 6th year after registration, with fees ranging from $225 to $325 per class.

Additionally, you can file a Section 15 Declaration of Incontestability after five years of continuous use, which costs $425 to $525.

Finally, you must renew your trademark registration every ten years by filing a Section 8 declaration and a Section 9 renewal application. The combined fees range from $525 to $725 per class.

These maintenance filings are crucial to retaining your trademark rights and avoiding cancellation​.

Ensure timely renewal. Renew your trademark easily and efficiently with Trademarkia’s trademark renewal services. 

4. Additional costs

Beyond the standard filing and maintenance fees, various additional costs may arise during the trademark registration process.

For example, suppose your trademark application is initially rejected. In that case, you may incur fees for responding to USPTO office actions or for submitting a Statement of Use if your trademark wasn't in use at the time of application.

Other potential costs include:

• Conducting a comprehensive trademark search, 
• Fees for extending deadlines,
• Amending applications,
• Or petitioning to cancel an infringing trademark.

But how much does it cost if you want to trademark a name internationally?

In that case, you may face extra costs for registering your trademark in other countries, either through national trademark offices or international agreements such as the Madrid Protocol​.

These prices vary substantially depending on where you wish to get trademark protection. 

Costs of international trademark registration

The costs of international trademark registration can vary depending on the approach you take and the countries where you wish to protect your trademark.

One of the most popular methods is filing through the Madrid Protocol, which allows you to register your trademark in multiple countries with a single application. The fees include:

• A basic fee of approximately 653 Swiss francs (around $740) or 903 Swiss francs if the trademark is in color.
• Individual country fees ranging from $100 to $850 per country.
• Additional legal fees, often starting around $950, depending on the number of countries involved and the complexity of the application​.

Alternatively, you can file directly in each country via local attorneys. This option typically costs between $1,500 and $2,500 per country, which includes the filing fees and attorney fees specific to each jurisdiction​.

If you're targeting the European market, filing a European Union Trademark is a cost-effective option. The initial filing fee is around $990 for a single class, with additional fees for more classes. Legal assistance fees in the EU typically range from $600 to $800 on top of the filing fees​.

These costs can vary significantly based on the number of countries, the classes of goods or services covered, and specific local requirements. If you are looking to protect your trademark in several jurisdictions, using the Madrid Protocol is often the most streamlined and cost-effective approach​.

Protect your trademark today with a qualified attorney

Understanding the various costs involved in the trademark registration process is essential for making informed decisions about protecting your brand.

Filing fees, legal fees, maintenance fees, and additional costs all contribute to the overall expense, but they also play a critical role in securing your trademark rights.

Given the complexities and potential challenges of the process, working with a legal professional can be invaluable. 

An attorney can help navigate the intricacies of trademark law, ensuring your application is thorough and has the best chance of success.

Protect your trademark today with the guidance of a qualified attorney and safeguard your brand's future with confidence​.