How Much Does It Cost To Trademark a Name? Costs + How-To

Imagine spending months building the perfect brand around a name you love. You use it across your website, retail signage, packaging, and professional email address. Everything’s going great until the shoe drops: A cease-and-desist letter from the legal owner of that business name lands on your desk. They trademarked it before you did, so all your hard work goes to waste.

A trademark protects your business name, preventing others from using it. Keeping track of other companies’ trademarks also helps you avoid infringing on another business’s brand. Trademarks enable you to establish trust, gain credibility, and enhance your brand recognition.

As a small business owner, you already know the importance of weighing the return on investment (ROI) for every dollar you spend. So, how much does it cost to trademark a name, and what are the steps in the trademark registration process? Read on to find out everything you need to know.

How much does it cost to trademark a name?

The cost to trademark a name varies significantly depending on several factors: whether you apply at the state or federal level, the number of trademark classes you need protection for, and whether you hire a trademark attorney. State trademark fees are lower than federal fees, but a state trademark only protects your name within that one state. Federal trademark registration costs more but grants nationwide rights. Trademark costs can range from as little as around $15 for a local trademark in a single state to several thousand dollars for a comprehensive federal trademark with professional assistance.

Here are the typical costs involved in the trademark application process:

• State trademark filing fee ($15–$125). State-level trademark applications are relatively inexpensive and protect your name only within that state. For instance, the fee in California is $70 per classification, the fee in Ohio is $125, and in Georgia, it’s $15 per application.

• Federal USPTO trademark application fee ($350 per class). This is the base government filing fee for a federal trademark registration. The United States Patent and Trademark Office charges $350 for each class of goods or services in your application. If your brand spans multiple classes—say, clothing and software—you’ll pay higher filing fees.

• Trademark attorney or service fees (variable). You can enlist a trademark attorney to handle the process. Professional help can cost anywhere from a few hundred to a few thousand dollars in fees, depending on the complexity. This covers tasks like performing a trademark search, preparing the application, and responding to any issues.

• Maintenance and renewal fees (hundreds of dollars). Trademark registration isn’t a one-time cost. To keep a state or federal trademark alive, you must file maintenance documents and pay fees periodically (for example, around the fifth year and again every 10 years). These filings cost a few hundred dollars per class. For instance, a federal USPTO trademark costs $650 per class at the 10-year mark for a combined declaration of use and renewal.

Visit the USPTO website for detailed information on maintaining a trademark registration, costs, and trademark fee schedules. Consult with a trademark attorney if you have issues with interpretation or state-specific questions.

How to trademark a name 

1. Consider hiring a trademark lawyer
2. Perform a trademark search
3. Initiate a trademark applicatio
4. Select your filing basis
5. Monitor your application
6. Finalize registration
7. Budget for trademark protection

Whether you’re launching a premium shampoo line or an artisan chocolate business, the trademark process protects your brand name. Here’s how the process works:

1. Consider hiring a trademark lawyer

Although optional, consider hiring a trademark or intellectual property lawyer as your first step, as they can handle many of the other steps in the trademark registration process for you. A trademark attorney can conduct the necessary research and ensure your application is correctly prepared, helping avoid errors that lead to extra fees or refusals. Attorneys often offer flat-rate packages for trademark registration services, which might cost a few hundred dollars for a simple case to over a thousand dollars for more complex filings. This expense is in addition to the USPTO fee.

If you’re on a tight budget, you can follow the other steps yourself to save money—just be sure to adhere to state or USPTO guidelines carefully. The USPTO will not refund your fee if your application has errors or gets rejected.

2. Perform a trademark search

To trademark your business name, you’ll need to make sure it isn’t already taken or too similar to an existing brand’s name. This involves searching the USPTO’s database and doing some online sleuthing for any business using the same or a confusingly similar name. Secretary of State websites typically include state-specific business trademark search engines. A preliminary trademark search is free.

Sandro Roco, founder of the Asian-inspired sparkling water brand Sanzo, learned firsthand that finding a unique name can be challenging. “When I started the brand, I had maybe half a dozen to a dozen other names that I was workshopping,” Sandro says on an episode of the Shopify Masters podcast. “Unfortunately, a lot of those were already trademarked or just didn’t feel exactly right.”

Sandro’s experience shows why it’s so important to vet your name ideas early. You don’t want to invest in branding only to discover the name is off-limits. As Sandro cautions from his own journey: “It’s actually not super easy to get a name trademarked. You have to be very judicious about the brand name you pick because if it’s already trademarked, eventually it’ll come back to bite you in the form of a lawsuit or a cease-and-desist.”

3. Initiate a trademark application

Once you have a clear, available name, initiate your trademark application. If you want broad protection, you’ll file with the USPTO for a federal trademark. You can apply online through the Trademark Electronic Application System (TEAS).

The primary cost is the government filing fee: currently $350 per class of goods or services for a standard application. For instance, if you plan to trademark your brand name for use on a clothing line (one class) and also on a makeup collection (a second class), the total fee would be $700. You pay this fee upfront when you apply.

If you choose to trademark your name only within your state, you’ll file with your state’s trademark office instead, often for a much lower fee (typically ranging from $15 to $125). Keep in mind that a state registration gives you far more limited protection than a federal registration.

4. Select your filing basis 

When you file, you must specify your filing basis. If you’re already using the name in commerce, you file a use-in-commerce application. If you haven’t started using the name yet, you file under intent to use. Filing on an intent-to-use basis lets you secure a place in line for the trademark, but it means you’ll owe an additional fee later to prove you’ve started using the name.

That later fee is about $150 per class when you submit your proof of use (called the Statement of Use).

5. Monitor your application

After filing, your application enters the examination phase at the USPTO. There’s usually a waiting period of six months before an examiner reviews it. The USPTO might issue an office action if the examiner finds problems, such as your desired name being too similar to an existing trademark, or if information is missing in your application. You’ll typically have six months to respond. If you’ve hired an attorney, they will handle the response as part of their service.

If the examiner approves your application, the trademark is published in the USPTO’s Official Gazette public journal, giving others 30 days to oppose it. Publication is a necessary step as it allows others to contest your trademark if they believe it would harm their business. If no one objects, the USPTO will move toward registration. For an intent-to-use application, this is the stage when you’ll need to pay the Statement of Use fee mentioned earlier to show your mark is now in use.

6. Finalize registration

If all goes well, you’ll receive a certificate of registration from the USPTO for a federal trademark a few months after publication. At this point, you have an officially trademarked name.

However, a trademark comes with ongoing responsibilities. To maintain your exclusive rights, you must actively use the trademark and periodically renew it. In the US, a trademark owner needs to file a Declaration of Use (sometimes called a Section 8 declaration) about five years after registration and then file a combined Declaration of Use and Application for Renewal (Sections 8 and 9) every 10 years.

You’ll need to pay renewal fees for each of these filings. For example, at the 10-year mark, the total renewal filing is $650 per class. If your mark spans multiple classes, renewal costs multiply per class, just like the initial filing fees. Failing to file these renewals (or filing them late, which incurs additional fees) will result in the cancellation of your trademark.

7. Budget for trademark protection

Aside from official renewal fees, consider the cost of protecting your trademark over time. You may want to enlist legal help to watch for infringers—someone using a name too close to yours—especially as your business grows. Enforcing your rights (sending cease-and-desist letters or pursuing legal action against copycats) can be another expense to be mindful of.

These costs aren’t mandatory like the USPTO fees, but they are part of the lifecycle of owning a valuable trademark. Luckily, a strong trademark, once secured, can deter would-be infringers, and the investment you’ve made in trademarking your name gives you the tools to defend it if necessary.