You Have a Great Business Name. Now, How Do You Protect It?
You’ve spent weeks brainstorming, maybe even had a few “eureka” moments in the shower, and finally landed on the perfect name for your startup, product, or brand. It’s catchy, it’s memorable, and it feels like it could be the next big thing. The excitement is real. But then, a nagging question pops into your head, bringing you back down to earth: “What if someone else uses it?”
This is the exact moment thousands of entrepreneurs and creators find themselves searching for answers. You’re not just looking for a definition; you’re looking for a practical, financial roadmap. The core question isn’t just “what is a trademark?”—it’s the very specific, budget-impacting query: “How much is it to trademark a name?”
The short answer is that the total cost can range from as little as $250 if you do everything yourself, to well over $1,500 when using professional legal help. But that range is so broad it’s almost useless without context. The real cost depends on a maze of factors: the government fees, the class of goods you’re registering in, the complexity of your search, and whether you hire an attorney to navigate the process.
Let’s break down every single line item, from the non-negotiable USPTO filing fees to the highly recommended (but optional) legal costs, so you can build an accurate budget for protecting your most valuable asset.
Understanding the Two Main Cost Buckets
When budgeting for a trademark, it’s crucial to separate the costs into two distinct categories. Mixing them up is where most people get confused and either under-budget or get scared away from filing altogether.
The first bucket is the United States Patent and Trademark Office (USPTO) fees. This is money paid directly to the federal government to process your application. These fees are mandatory and fixed (though you do have some choice in which fee structure you pick).
The second bucket is professional service fees. This includes the cost of hiring a trademark attorney to prepare and file your application, or the cost of using a reputable online filing service. These costs are variable and optional from a legal standpoint, but they are often what separates a successful registration from a rejected application that wastes your government fees.
The Non-Negotiable: USPTO Filing Fees
The USPTO offers two primary filing options for a standard trademark application, and your choice here is the biggest single factor in your government cost.
The TEAS Plus option is the more affordable and restrictive path. As of 2026, the filing fee is $250 per class of goods or services. To use TEAS Plus, you must agree to several requirements upfront. You must select your goods and services descriptions from the USPTO’s pre-approved manual of acceptable identifications. You must also provide an email address for correspondence and file the application completely online. The benefit is the lower cost and potentially slightly faster initial processing.
The TEAS Standard option provides more flexibility at a higher price, currently $350 per class. With this form, you are not required to use pre-approved identifications for your goods and services; you can draft your own custom descriptions. This is essential if your business doesn’t fit neatly into the USPTO’s predefined categories. You also have more flexibility in how you submit correspondence. The trade-off is the extra $100 per class.
What is a “class”? This is critical. The USPTO categorizes all commerce into 45 different classes—34 for goods and 11 for services. You must register your trademark in each class that covers your business activities. A software company (class 9) selling a mobile app and also offering consulting services (class 42) would need to file in two classes, doubling the base filing fee. For a TEAS Plus application, that’s $500. For TEAS Standard, it’s $700.
The Highly Recommended: Attorney and Search Costs
Now we enter the optional but critical cost zone. You can legally file a trademark application yourself. The USPTO website allows it. However, the process is deceptively complex, and missteps are not just common—they are expensive, as they lead to office actions (legal objections from an examining attorney) or outright refusal, forfeiting your filing fee.
A comprehensive trademark search is the first and most important professional service. Before you spend a dime on filing, you need to know if your name is already taken or confusingly similar to an existing registered mark. A basic free search on the USPTO database is not enough, as it misses unregistered common law trademarks, state registrations, and nuanced similarities.
A professional search, conducted by an attorney or a specialized search firm, can cost between $300 and $700. This fee buys you an analysis of federal registrations, state databases, business directories, domain names, and even social media handles. It’s an insurance policy against a fatal conflict you might have missed.
Hiring a trademark attorney to prepare and file your application is the single largest variable cost, but it dramatically increases your chances of success. Attorney fees for a straightforward, single-class application typically range from $500 to $1,500, on top of the government fees.
What does that fee cover? An attorney will strategize with you on the best filing basis (use in commerce vs. intent to use), craft legally sound descriptions of your goods/services, conduct a proper clearance search, prepare the application to avoid common pitfalls, and respond to any office actions that arise. If an office action is issued, responding to it usually incurs an additional fee, often $200 to $500 or more, depending on complexity.
A Realistic Total Cost Breakdown
Let’s move from theory to practical numbers. Here are three common scenarios with estimated total costs, assuming a single class of goods or services.
The Do-It-Yourself (High-Risk) Path. You conduct your own basic search and file a TEAS Plus application. Your total cost is just the $250 USPTO fee. The risk is high. If you make an error in the goods description or miss a conflicting mark, you will likely receive an office action you may not understand how to fix, leading to abandonment. You’ve lost $250 and 6-9 months of time.
The Balanced Approach (Most Common). You hire an attorney for a comprehensive search and to file a TEAS Standard application. Estimated cost: Professional Search ($500) + Attorney Filing Fee ($800) + USPTO Fee ($350) = $1,650. This is a realistic, mid-range budget for a solid, professionally handled application with a high probability of smooth sailing to registration.
The Full-Service, Complex Scenario. You have a unique brand name, need two classes of protection, and want the attorney to manage the entire process from search to registration. Estimated cost: Search ($500) + Attorney Fee for two classes ($1,200) + USPTO Fees for two classes ($700) = $2,400. This covers you thoroughly for a more substantial business launch.
Beyond the Initial Filing: The Hidden and Ongoing Costs
Many business owners are surprised to learn that a trademark registration is not a one-time purchase. It’s an asset that requires maintenance fees to keep it alive.
Between the 5th and 6th year after your registration date, you must file a “Declaration of Use” (Section 8) with the USPTO. This is a sworn statement that you are still using the mark in commerce. The current government fee for this filing is $225 per class. If you miss this deadline, your registration will be canceled.
Between the 9th and 10th year after registration, and every ten years thereafter, you must file a combined “Declaration of Use and Application for Renewal” (Sections 8 and 9). The current government fee for this renewal is $525 per class. Again, failure to file results in the expiration of your trademark rights.
You should also budget for the cost of enforcement. Registering a trademark gives you the right to stop others from using confusingly similar marks, but it’s up to you to police the marketplace. This might involve sending cease-and-desist letters (an attorney might charge a few hundred dollars to draft and send one) or, in worse cases, litigation, which can cost tens of thousands.
What About Online Legal Services?
Services like LegalZoom or Trademark Engine offer a middle ground between a full attorney and a DIY filing. They typically charge a service fee of $300 to $600, plus the USPTO filing fees.
These services are primarily form-fillers. They will ensure your application is complete and meets formal requirements, but they do not provide legal advice. They will not conduct a nuanced legal analysis of potential conflicts or craft strategic arguments for you. They are a step up from DIY in terms of administrative accuracy, but they are not a substitute for an attorney’s legal judgment, especially if your case has any complexity.
Actionable Steps to Determine Your Exact Cost
Now that you have the price map, here is your action plan to get a firm number for your specific situation.
First, clearly define your goods and services. Write down exactly what you sell or plan to sell. Be as specific as “downloadable mobile application software for personal budgeting” rather than just “software.”
Second, use the USPTO’s Trademark ID Manual to find your class or classes. Search for keywords related to your business. Note the class number(s) and the pre-approved description that fits best. This tells you how many classes you need.
Third, get quotes. Consult with two or three experienced trademark attorneys. Most offer a low-cost or free initial consultation. Ask for a flat-fee quote for a comprehensive search and filing for your specific number of classes. This will give you a real-world professional cost.
Finally, make your decision based on risk tolerance. Weigh the certainty of the professional cost against the risk of losing your filing fee and your chosen name by going it alone. For most businesses, the brand name is the cornerstone of their identity; protecting it properly is not an expense, but a crucial investment.
Securing Your Brand’s Future Starts With a Clear Budget
The journey from a great idea to a legally protected brand name has a clear price tag. While the minimum government fee starts at $250, the practical, prudent investment for a single-class trademark—encompassing a professional search and legal filing—typically falls between $1,200 and $2,000. For multi-class protection, scale your budget accordingly.
View this not as a bureaucratic fee, but as the acquisition cost for a key business asset. A registered trademark provides nationwide legal presumption of ownership, the right to use the ® symbol, a public record of your claim, and a formidable tool to build and defend your brand’s value for decades to come. By understanding the full cost structure upfront, you can move forward with confidence, knowing exactly what it takes to secure the name you worked so hard to create.
