Your brand is your most valuable asset – it’s how customers identify and trust your business. Without a trademark, you leave that asset vulnerable to being copied or misused by others. So, how do you protect it? The answer lies in trademarking. Yet, many businesses hesitate, unsure how much the process of registering a trademark costs.

The good news is filing a trademark doesn’t have to break the bank, but it’s essential to understand the full scope of costs involved. In this article, we’ll dive into the details of trademark costs – from filing fees to long-term expenses – so you can protect your brand without unnecessary surprises.

How Much Does It Cost to Trademark? Understanding the Value Behind the Costs

A trademark is a legal way to protect your brand’s identity and is a crucial part of your intellectual property portfolio. It sets your business apart from others in the marketplace by protecting elements like your company’s name, logo, or product tagline. For consumers, a trademark is a sign of quality and reliability, giving them confidence to purchase from a brand they trust.

Trademarks are especially important in competitive markets. When you trademark your brand, you prevent other businesses from using your name or logo and establishing ownership. This can help build a stronger, more recognizable brand over time, which is invaluable for long-term business growth.

The Trademark Filing Process: A Step-by-Step Overview

Before we discuss the costs, let’s examine the steps involved in the trademark application process. Filing a trademark isn’t just about filling out forms – it’s a detailed registration process that requires strategy and research.

Preliminary Trademark Search

Before you submit your trademark application, it’s essential to search and make sure your desired trademark is unique. You don’t want to invest in a trademark only to find out later that someone else already owns it.

Filing the Trademark Application

Once you’re confident your trademark is available, you’ll apply with the United States Patent and Trademark Office (USPTO). You should submit Trademark applications through the Trademark Electronic Application System (TEAS), which offers different filing options with varying requirements and fees. In application you should include details about the mark, the goods or services it will represent, and the class in which it will be registered.

Trademark Examination Period 

A USPTO examiner will review your application after you submit it. They will check for potential conflicts or issues.

Publication and Opposition

If the examiner finds no issues, the USPTO will publish your trademark in the Official Gazette. During this period, other parties can oppose your trademark if they believe it conflicts with theirs.

Trademark Registration

Your trademark will be registered without any challenges once the opposition period passes.

How Many Different Fees are There to Trademark?

When it comes to trademarking, the costs can vary based on a few different factors, including filing fees. Payment methods for filing fees include checks, credit cards, wire transfers, and electronic funds transfer, each with its own processing fees. Here’s a breakdown of what you can expect when filing a trademark.

How Much Does the Trademark Application Cost

The USPTO charges a base filing fee for trademark applications. The cost depends on how many classes of goods or services your trademark will cover. As of now, the USPTO offers two types of applications:

• TEAS Plus: $250 per class of goods or services.
• TEAS Standard: $350 per class of goods or services.

The main difference between the two is that TEAS Plus has stricter requirements for what information you must include upfront. However, if you’re confident in your application details, TEAS Plus can save you some money.

You will also need to pay fees at various stages, such as for the Section 8 declaration and Section 9 application, to keep your trademark active.

How Much Does Attorney Services Cost to Trademark

Many business owners choose to hire a trademark attorney to help navigate the process. While this isn’t required, it can be helpful, especially if your trademark is complex or you’re filing in multiple classes. Attorney fees can range from a few hundred to a few thousand dollars, depending on the complexity of your case.

How Much Will Additional Trademarking Costs Be

Other costs can include conducting a comprehensive trademark search, which involves a deeper dive into existing trademarks to ensure your application won’t face challenges. These searches typically cost between $300 and $1,000.

How Much Does it Cost to Trademark in General

The costs associated with obtaining a trademark, specifically focusing on trademark fees in the context of both domestic and international filings, can vary. The price range for federal applications and the number of classes for which a trademark is filed can significantly impact the overall cost.

When filing for a trademark, remember that trademark costs can quickly add up if you file for protection in multiple classes. Each additional class you want your trademark to cover will require another fee.

Factors that Influence How Much Does It Cost to Trademark

The cost of trademarking isn’t just a flat fee – it can vary based on several factors. Here are some key things that can influence how much you’ll end up spending:

• Number of classes – the more categories of goods or services your trademark covers, the higher the costs. Each category is referred to as a trademark class. If a business sells only one type of product, like clothing, you may only need to file in one class. However, if you sell various products or services, you’ll need to file in multiple classes, each with its own fee.
• The complexity of the trademark – trademarks that are more descriptive or similar to existing marks are often harder to get approved, which can lead to higher legal fees or opposition defense costs.
• Opposition or challenges – if another business believes your trademark infringes on theirs, they may oppose it. Defending your application during this period can rack up legal costs.

Applicants may need to pay additional fees if they hire an attorney or if further issues arise during the application process.

How Much Does Trademark Cost in the Long Run?

Trademarking doesn’t end once your application is approved. The trademark registration process involves not only the initial application but also ongoing costs associated with maintaining your trademark over the years. These fees ensure that your trademark remains protected and enforceable.

Maintaining a federal trademark registration requires filing a Section 9 Renewal Application and paying the associated fees to keep the trademark active.

Trademark Renewal Costs

After registering your trademark, you’ll need to file specific documents and pay renewal fees to keep it active. The first renewal is due between the fifth and sixth years after registration. After that, renewals are required every ten years. Renewing your trademark is essential for maintaining trademark protection and ensuring your brand remains legally safeguarded.

• Between the 5th and 6th year: $225 per class.
• Every ten years after that: $525 per class.

How Much Trademark Monitoring Costs 

It’s a good idea to monitor the market for any potential infringements on your trademark. Some businesses hire a monitoring service to alert them if another business starts using a similar mark. Understanding trademark laws is crucial for effectively monitoring and protecting your trademark against potential infringements. These services typically charge between $100 and $500 annually, depending on the level of protection you want.

Legal Defense 

While not an ongoing cost for everyone, if someone infringes on your trademark, you may need to take legal action to enforce your rights. Depending on the complexity of the case, this can lead to substantial legal fees.

Got Questions?

Looking to protect your brand with a trademark, go through the filing process, or understand the costs involved? Our team can guide you through conducting a comprehensive trademark search and filing your application. Whether you need advice on trademarking your business name, consultation on multiple classes, or protecting your trademark against infringement, we’re here to help.

For businesses operating internationally, applying for international trademark registration through the Madrid Protocol can provide extensive brand protection across multiple countries.

Reach out to our team for personalized guidance tailored to your specific needs.