Trademarking your business name is a vital step in protecting your brand—and the investment is well worth it. On average, the cost of federally trademarking a name with the United States Patent and Trademark Office (USPTO) ranges from $350 to $850, depending on several factors. This legal protection ensures that no one else can legally use a name similar to yours, giving you a distinct advantage in the marketplace.
Why Trademarking a Business Name Matters
Your business name is one of your most valuable assets. By registering it as a federal trademark, you gain exclusive nationwide rights to use that name in your industry. A trademark not only helps protect against brand theft or confusion but also strengthens your brand’s credibility and value—something investors and customers alike pay attention to.
State vs. Federal Trademark Registration
There are two ways to register a trademark in the U.S.:
- State Trademark: Offers protection within the boundaries of the specific state where the application is filed.
- Federal Trademark: Grants nationwide protection through the USPTO, allowing broader legal safeguards and use of the ® symbol.
Federal trademark registration is more comprehensive and ideal for businesses that operate in multiple states or online.
The Trademark Registration Process: Step by Step
- Trademark Search: Start by conducting a thorough search to ensure no conflicting trademarks exist.
- Determine Your Trademark Type: Choose between a “standard character mark” (text-only) or a “special form mark” (logo, design, or specific styling).
- Identify Your Classes: Trademarks are categorized into “classes” based on the type of goods or services offered.
- File the Application: Submit your application via the USPTO’s online platform.
- USPTO Review: An examining attorney reviews the application. If approved, your trademark is registered.
USPTO Trademark Filing Fees
| Service | Online Fee (per class) | Paper Fee (per class) |
|---|---|---|
| Base Application Filing | $350 | $850 |
| Incomplete Application (Additional Fee) | $100 | $100 |
| Extra Character Count | $200 | $200 |
| Custom Description (Free Text Box) | $200 | $200 |
| Statement of Use (for Intent-to-Use Applications) | $150 | $250 |
Filing electronically is not only more convenient but significantly more cost-effective than submitting a paper application.
How Much Does It Cost to Renew a Trademark?
Trademark registrations last for 10 years but require maintenance filings to remain active. Here’s what you’ll need to pay:
Between 5th–6th Year:
- Section 8 Declaration of Use: $325 (online), $425 (paper)
- Section 15 Declaration (optional): $250 (online), $350 (paper)
Between 9th–10th Year:
- Section 8 & 9 Combined Renewal: $650 (online), $950 (paper)
Subsequent Renewals (every 10 years):
- Same fees as the second renewal
Failure to file timely renewals may result in cancellation of your trademark registration, requiring you to reapply from scratch.
Additional Costs for Maintaining a Trademark
- Monitoring Your Trademark: Watching for potential infringement and USPTO filings that may conflict with your brand.
- Responding to Office Actions: If the USPTO raises issues, legal or administrative responses may be needed.
- Hiring a Trademark Attorney: Professional help can range from $500–$2,500+ depending on the complexity of your case and whether litigation is involved.
Trademark Search: Why It’s Crucial
Before filing, a comprehensive search helps determine whether your name is available. This minimizes the risk of rejection and legal disputes. While free tools are available, many businesses opt for professional search services to ensure complete accuracy and peace of mind.
FAQs
Q: How long does a trademark last?
A: Trademarks remain valid for 10 years with proper maintenance and can be renewed indefinitely.
Q: What’s the average cost to trademark a name?
A: The starting fee is $350 per class when filed online with the USPTO.
Q: Do I need to trademark before forming an LLC?
A: It depends on your goals. Many business owners form an LLC first and then register a trademark under the LLC’s name.
Q: Do I need a lawyer to file a trademark?
A: Not necessarily, but professional assistance can help prevent mistakes and improve the chances of approval.
Q: Can I file an international trademark?
A: Yes. Through the Madrid Protocol, you can extend protection to other countries after applying through the USPTO.
