How Much Does It Cost to Trademark a Name in 2026?
- Sean Russell
- 3 days ago
- 5 min read
The lawyerly fine print, minus the fine print: I'm an attorney, but I'm not yours — no attorney-client relationship springs into existence because you read a blog post. Legal outcomes depend heavily on specific facts, and the rules (and fees!) change regularly. Treat this as general information, not legal advice, and talk to a lawyer about your actual situation.
Here's the direct answer: in 2026, filing a federal trademark application costs a minimum of $350 per class of goods or services in USPTO fees. Most single-brand, single-class filings are $350; a brand covering two categories (say, a product plus a service) starts at $700. On top of the base fee, the USPTO charges surcharges of $100–$200+ per class for incomplete applications or custom-written descriptions, and intent-to-use filings add later fees. Attorney fees, if you use an attorney, are separate — flat-fee services typically bundle everything into one number.
So the honest range for most small brands: roughly $350–$700 in government fees if you file carefully, plus whatever you spend on professional help. Now let's break down where every dollar goes — and where the sneaky ones hide.
The USPTO provides a list of fees in their fee schedule here.
What Is the Base USPTO Filing Fee?
Since the USPTO's January 2025 fee restructuring (still in effect), there's a single base application fee: $350 per class.
A "class" is trademark-speak for a category of goods or services. The system slices commerce into 45 classes — clothing is Class 25, coffee shops are Class 43, entertainment services are Class 41, and so on. You pay per class, not per application.
Example: you sell branded candles (Class 4). That's $350. You also run candle-making workshops (Class 41). Now it's $700. Same name, two classes, two fees.
More classes mean broader protection but bigger bills — and you'll eventually need to prove you actually use the mark in every class you claim. Filing for categories you merely dream about is a good way to pay for protection you can't keep.
What Are the Surcharges Everyone Forgets About?
This is where the 2025 restructuring bites. The $350 is a floor, not a flat rate. The USPTO adds, per class:
$100 — insufficient information. Your application is missing required details at filing (a mark description, a translation, applicant details).
$200 — free-form descriptions. You wrote your own class description of your goods/services instead of choosing pre-approved language from the USPTO's Trademark ID Manual.
$200 more per extra 1,000 characters if that custom description runs long.
Translation: a sloppy filing can turn $350 into $650+ per class before an examiner has even looked at it. The surcharges exist to reward complete, standardized applications — so careful drafting is now literally money.
What Does Intent-to-Use Add?
If you haven't started using your name commercially yet, you can file an intent-to-use application — legalese for "I'm not selling under this name yet, but I genuinely plan to." It locks in your priority date early, which is smart. It also adds fees down the road:
Statement of Use: $150 per class — filed once you're actually using the mark, with proof
Extension requests: $125 per class each — if you need more time (available in six-month increments)
A pre-launch brand that needs one extension pays $350 + $125 + $150 = $625 per class in government fees, spread over the process.
What About Attorney Fees?
Attorney pricing varies widely — hourly billing at big firms, flat fees elsewhere. What you're paying for isn't typing; it's judgment: a real clearance search and opinion before you file, correct class strategy, surcharge-proof drafting, and someone qualified to respond if the USPTO pushes back.
The math to run: a refused application means lost fees (the USPTO doesn't do refunds), lost months, and sometimes a forced rebrand. Clearance work is cheap insurance against expensive outcomes.
Markley's approach, for transparency: one flat fee covering clearance, attorney-prepared filing, and registration — with the USPTO fee included, so the number you see is the total. And if our clearance work says your mark is unlikely to register, we tell you before you file, not after.
Are There Costs After Filing?
Sometimes — and after registration, definitely.
During examination: if the USPTO issues an office action (its formal "we have concerns" letter), responding may involve attorney time. Typically, there's no USPTO fee for a standard first response, but the professional help often isn't free.
After registration, keeping your trademark alive costs, per class:
Years 5–6: $325 — a Section 8 declaration confirming you're still using the mark
Every 10 years: $650 — a combined declaration of continued use ($325) and renewal ($325)
Grace periods add $100 if you miss a deadline (miss the grace period, and the registration dies)
Registration isn't a one-time purchase — it's a long-lived asset with a small maintenance bill roughly once a decade.
The Bottom-Line Cost Scenarios
Here's how it typically shakes out, from the trademark attorneys at Markley:
Careful DIY, one class, already in use: $350 in USPTO fees — if the search, classes, and descriptions are all done right.
DIY with stumbles: $550–$650+ per class once surcharges land, plus the risk of a refusal with no refund.
Pre-launch brand, one class, one extension: ~$625 in USPTO fees spread across the process.
Attorney flat-fee filing: one all-in price covering search, filing, and government fees — costlier upfront, but the version where someone is accountable for getting it right.
FAQ
Can I trademark a name for free? No. Federal registration isn't free. You do get limited "common-law" rights just by using a name in business, but they're geographically narrow and hard to enforce. Federal registration is what creates nationwide rights.
Is the $350 refundable if my application is refused? No. USPTO filing fees are non-refundable regardless of outcome — the strongest argument for doing clearance work before filing.
How long does registration take? The USPTO's initial examination typically begins several months after filing — recent estimates run around 6–8 months for a first look by the USPTO— and the full process often takes about a year, longer if issues arise. Current processing times can be found on the USPTO's website here.
Do I pay more for a logo design and a name? A word mark and a design mark are separate applications, each with its own fees. Many brands start with the standard character word mark (it's usually the broader protection) and add the design mark later.
Are state trademarks cheaper? Usually, yes — but they only protect you within that state. For any brand doing business online, federal registration is generally the one that matters.
Trademark costs stop being scary once someone shows you the whole bill upfront. That's the Markley model: flat-fee federal trademark filing by licensed California attorneys, USPTO fee included, no surprises. Own your mark.
