What Does It Cost to Get a Trademark?

Business clients often ask how much it costs to get a trademark and what factors affect that cost. The answer may be more predictable than you think—if you have an informed strategy.

The quick answer is this: From start to finish, we find that the total cost to get a U.S. trademark usually falls between $1,500 and $4,500. Straightforward trademarks tend to cluster toward the lower end, while complex or challenging matters may land higher.

This guide is written for business decision-makers considering federal trademark protection and is based on our experience handling U.S. trademark filings for clients in a range of industries. The sections below break down what goes into that range, identify common mistakes that drive costs upward, and explain how to keep spending aligned with your brand strategy and business needs.

Application Cost vs. Total Cost

When people ask what it costs to get a trademark, the question sounds simple. In practice, getting to a registration involves several steps, not a single form or filing.

First is planning and filing: brand strategy, trademark searches, and preparing and submitting the application. Next comes the examination process, during which a trademark examiner decides whether the mark should be registered. Finally, an approved application is published to let potential challengers object, and if there are no successful challenges, a registration will be issued.

Don’t just focus on the cost to file the initial application. Consider what you will spend to move your trademark all the way through the registration process.

Trademark Costs: Government Fees and Legal Fees

Trademark costs fall into two categories: government filing fees, which are set by the U.S. Patent and Trademark Office (USPTO), and legal fees, which vary depending on complexity and how the application proceeds. Your decisions affect both.

Government Fees

The base USPTO filing fee to apply for a federal trademark registration is $350 per class of goods or services. In addition to this initial fee, the USPTO charges separate government fees at later stages of the process. For example, intent‑to‑use applications incur additional fees when you file a Statement of Use (and, if needed, extensions of time), and all registrations require periodic maintenance filings to remain active.

Legal Fees

Legal fees depend on factors such as how distinctive your mark is, how crowded your industry is, and how precisely your goods or services must be described. The sections that follow focus primarily on legal fees—how they are impacted by your decisions and filing strategy, and how you respond to communications from the USPTO.

Throughout the process, keep in mind that trademark prosecution is not perfectly linear. Even well-planned applications sometimes require adjustments as examination progresses. Legal fees are driven less by how long the process takes and more by the complexity of the mark and the examination issues that arise.

How Early Trademark Strategy Affects Cost

The time and cost for obtaining a trademark are largely driven by decisions made before anything is filed. Early missteps can increase fees, delay registration, or prevent a mark from registering at all. Costs also vary based on search depth, filing basis, and other factors.

Strategy and Brand Review

A pre-filing strategy meeting with IP counsel can greatly enhance your chances of success and the value of the brand you’re building. At our firm, we discuss your objectives for your business and your brand, as well as your budget, timeline, and other practical considerations. We also discuss specifics like what form the trademark will take (for example, word mark or logo), which goods or services to claim under the mark, whether to file the application based on current use or intent to use, and who should legally own the mark.

For example, a software company might file under its operating subsidiary for the product name, use a word mark for flexibility, and claim protection for both its app and related online services. Planning early how the mark will appear on an app store page, website, or login screen will help ensure you have clean “proof of use” ready when it is needed and avoid needless back‑and‑forth later in the process.

Knockout Search

Conducting a trademark search before filing your application is not technically required, but it is an easy and cost-effective way to maximize your chances of success.

The simplest kind of search is a “knockout” search, which is conducted in relevant databases to identify obvious conflicts early in the process. It is not comprehensive, but it can reveal obstacles that could derail your application or lead to disputes down the line. Here we’re looking for direct hits—essentially identical marks in your space.

Clearance Search and Opinion

A “clearance” search examines confusingly similar marks across USPTO records, state registrations, and common law use. Think of it like due diligence. A clearance search is essential when rebranding would be expensive or disruptive—think core product names, company rebrands, or trademarks that are central to your business. It’s more optional when the mark is secondary, low-visibility, or easy to change if needed.

If a search reveals a conflict, you have a chance to pivot to a different name, logo, or image before investing in filing fees, branding, or a market launch using the originally chosen trademark. Rebranding now may be unexpected, but it’s far better to do it at the front end rather than later. Discovering trademark infringement after you launch can result in cease-and-desist letters, litigation, lost momentum, and significant costs to revamp your website, marketing materials, and offerings.

Cost Considerations When Registering a Trademark

Once you've assessed risk and decided to proceed, the application stage begins. Legal fees at this stage typically cover:

• Preparing and filing the application
• Confirming ownership and filing strategy
• Drafting an accurate description of goods and services
• Monitoring USPTO correspondence during examination

Several factors affect your investment at this stage, including:

Number of Classes of Goods

Each class of goods or services for which you are claiming protection adds USPTO fees and modest legal fees. Sometimes you need multiple classes; sometimes not.‍

Application Basis‍

You can either apply for a trademark you’re already using or one you intend to use in the future. For an intent-to-use application, you’ll submit additional documentation later once you've begun actual use. Filing this way costs a little more, but it offers protection and assurance even before you launch.‍

Specimens and Proof of Use‍

Submitting acceptable "specimens" evidencing commercial use of a trademark can sometimes get complicated, especially for services, apps, or complex offerings. Clarifying and documenting how the mark is used can add steps and attorney time to the process, particularly if an initial specimen is refused.

Three Common Mistakes That Increase Trademark Costs

Though the registration process can have unexpected twists and turns, increased trademark costs are often the result of avoidable decisions made early in the process.

Skipping Trademark Search

Candidly, proceeding with your trademark without checking to see who else might be using something similar is penny-wise and pound-foolish. Even a limited knockout search will reveal obvious conflicts while changes to your brand are easier to make. And a more thorough clearance search is warranted where your investment in your brand is high. The price of an upfront search is a fraction of the cost of changing course later.

Overclaiming Trademark Classes

If you sell packaged food products, you usually don't need protection for restaurant services. If you apply for both, you’re wasting your filing fees. A common temptation is to claim extra classes on an intent-to-use basis "just in case," but unless you have concrete plans to use the mark in those areas, you’re paying for protection you may never use.

Using the Wrong Entity to File

If you name the wrong business entity as the trademark owner, this can force you to refile the entire application. For example, applicants can lose months of trademark priority and thousands of dollars because they filed under a parent company instead of the operating subsidiary, or used an individual name instead of the LLC that actually owns the mark. This happens more than you might think.

A Realistic Cost Range for Your Trademark

A common question we hear is whether hiring a trademark lawyer is worth the cost, and for most businesses the answer depends on risk tolerance and brand importance. To get a U.S. trademark application through the examination process and obtain a registration, the total cost will fall within a range that varies but should be manageable when approached thoughtfully from the start. As a general guide, here are typical dollar ranges:

• $1,500 to $2,500 for simple applications
• $2,500 to $4,500 for applications involving multiple classes, substantive office actions, or intent-to-use filings

These numbers are for a single trademark. There may be efficiencies where multiple applications are filed together, especially where they form a related family of marks. Of course, the numbers here are not guarantees or hard caps, and occasional trademarks fall below or above the ranges shown. They should provide some context so that you can budget realistically and understand how costs scale with complexity.

Understanding the Cost Range

Trademark costs tend to fall within a predictable range, but the total number will depend on the application and how it unfolds. Three factors account for most of the variation:

Trademark Quality and Scope

The inherent strength of your mark and how broadly you seek protection can meaningfully affect cost. Marks that are merely descriptive often require more argument, disclaimers, or evidence before the USPTO will allow them, while suggestive, arbitrary, or fanciful marks tend to encounter fewer obstacles and are usually more economical to secure and maintain over time.

USPTO Examination Issues

Some applications move through examination with minimal friction. Others receive closer scrutiny from the examining attorney. Crowded markets, common naming conventions, or concerns about the descriptiveness of a mark or similarity to existing registrations can lead to substantive office actions that add work and legal fees.

Strategic Decisions During Prosecution‍

How you respond to issues that arise influences total expenditures. Narrowing a description, agreeing to certain limitations, or deciding to push back on an examiner’s position each involves tradeoffs between cost, timing, and strength. Two applicants with similar marks could end up with different overall costs depending on how they choose to handle these decisions.

In routine cases, we find that straightforward applications usually take about 10 to 15 months from filing to registration. Intent‑to‑use applications, applications covering multiple classes, and issues requiring substantive responses to the examiner can take longer. Building this timeline into launch and branding plans helps avoid rushed decisions and gaps in protection.

Our Approach to Trademark Prosecution

At Goss Law Group, we handle most trademark matters on a predictable flat-fee basis for clients in Michigan and nationwide. We focus on helping you secure the right scope of protection at a cost that fits your business. Once we understand your business, your brand, and your objectives, we explain the key variables and work with you to develop a plan aligned with your needs. Whether you’re building your first brand or expanding an existing portfolio, a clear strategy from the start brings efficiency, helps avoid costly missteps, and leads to better outcomes.