How Much Does It Cost to Trademark a Brand Name in 2026?

What’s included in trademark registration cost

Registering a trademark is a multi-step process that spans 8-18 months from application to certificate, not a single transaction. The $300-$1,500 range covers the government filing fee ($250-$350 per class depending on filing tier) plus, at the higher end, professional fees for a pre-filing clearance search and attorney-prepared application.

The attorney’s work on a full-service trademark engagement typically covers a comprehensive clearance search of federal registrations, state registrations, and common-law marks, an opinion on the risk of proceeding given the search results, preparing the goods-and-services identification (a more technical task than it sounds — the USPTO has strict requirements and an incorrectly identified class can doom the application), selecting the right TEAS filing tier (TEAS Plus at $250/class requires more rigid requirements but has a lower fee; TEAS Standard at $350/class offers more flexibility), filing the application, monitoring the application status during examination, and responding to any correspondence from the USPTO examiner.

The examination timeline is the aspect that surprises most applicants: as of 2026, USPTO examination typically takes 8-12 months from filing. After passing examination, the mark is published in the Official Gazette for a 30-day opposition period where any third party can challenge the registration. If no opposition is filed (the typical outcome), the USPTO issues a Notice of Allowance for intent-to-use applications or a registration certificate for use-based applications. From start to finish, a clean application with no complications takes 12-18 months to register. This waiting period is normal and expected; an attorney cannot accelerate the USPTO’s examination queue (except via the TEAS Rush Examination track, which adds $625/class for a faster first Office Action response).

What the basic filing fee and initial representation do not cover: the USPTO examination period (8-12 months for a standard application, longer if there are backlogs), Office Action responses if the examiner raises objections, opposition proceedings if another brand owner challenges your application during the 30-day opposition window after publication, and the ongoing maintenance filings required to keep a registration alive. A Section 8 Declaration of Continued Use must be filed between the 5th and 6th year after registration. Combined Sections 8 and 9 renewal must be filed every 10 years. Failure to file these on schedule means the registration is cancelled.

When you’ll pay more than average

The $800 average assumes a single-class filing in a relatively uncrowded product category with a distinctive, invented mark — an arbitrary or fanciful word that has no descriptive relationship to the goods or services. Most entrepreneurs working with a meaningful brand name are in a more complicated situation.

A descriptive or suggestive mark — one that hints at what the product does or describes a feature — is substantially harder to register. The USPTO examiner will likely issue an Office Action refusing registration on the grounds that the mark is “merely descriptive” and therefore cannot serve as a source identifier. Responding requires arguing acquired distinctiveness (that consumers have come to associate the descriptive term exclusively with your brand through five-plus years of use and marketing) with declarations, sales figures, advertising expenditure records, and consumer survey evidence in strong cases. Attorney time for this response runs $800-$2,000, and the argument is not guaranteed to succeed.

Multiple classes compound the filing fee and attorney time proportionally. A brand that sells physical apparel (Class 25), operates an e-commerce platform (Class 35), and provides online styling services (Class 44) pays $750-$1,050 in USPTO fees alone, plus attorney time to draft three separate goods-and-services identifications.

A likelihood-of-confusion rejection is the most frustrating scenario. If the examiner finds an existing registration with a similar mark in an overlapping class, the response options are limited: argue that the marks are sufficiently different, argue that the goods and services don’t actually overlap in the marketplace, or negotiate a consent agreement with the other registrant. Consent agreement negotiations involve attorneys on both sides and succeed only when the other registrant has a commercial reason to agree. Attorney fees for a complex confusion-refusal response typically run $1,500-$4,000.

When you’ll pay less

The minimum cost for a trademark registration is a DIY TEAS Plus filing at $250 per class in the USPTO’s online system, with no attorney. This is a genuinely viable path for a founder with an invented, fanciful mark (coined word, unique combination) in a product category where a basic USPTO search reveals no similar registered marks. The TEAS filing system is accessible, and the USPTO’s TMEP (Trademark Manual of Examining Procedure) is publicly available online with guidance on every aspect of the application.

Filing an intent-to-use application — when you’ve decided on the mark but haven’t yet used it in commerce — lets you secure your priority date before your product launches. The filing fee is identical to a use-based application ($250-$350 per class). You’ll file a Statement of Use (with a $100/class fee) once you begin using the mark, or request 6-month extensions (at $125-$150/class per extension period) while you continue preparation.

Trademark registrations have ongoing maintenance requirements that are easy to forget. A Section 8 Declaration of Continued Use must be filed between the 5th and 6th year after the registration date ($225-$325 per class). Combined Sections 8 and 9 Renewal filings are due every 10 years ($425-$525 per class). Missing either deadline results in cancellation of the registration — and the loss of all the priority rights built up since the original filing. Many trademark owners set calendar reminders years in advance or retain an attorney’s docketing service ($50-$200/year) to track these deadlines.

This page is informational and is not legal advice. Consult a licensed attorney in your jurisdiction for advice on your specific situation.