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

Trademark costs confuse almost every first-time filer. Search online and you'll see numbers ranging from $350 to $5,000+ — and both figures can be accurate. The difference comes down to how you file, how many categories your business covers, and what happens after you submit.

This guide gives you a clear, realistic picture of what trademark registration actually costs in 2026, broken down by scenario.

The Short Answer

The base government fee to trademark a name with the U.S. Patent and Trademark Office (USPTO) is $350 per class of goods or services, filed electronically. That's the floor — not the ceiling.

Most solo founders filing for a single brand in one category will spend between $350 and $1,800 total, depending on whether they hire professional help and whether they receive a request for more information from the USPTO.

What Is a "Class" and Why Does It Matter?

The USPTO organizes all goods and services into 45 categories called trademark classes. Every trademark application covers specific classes — and you pay $350 per class.

A few examples:

• Class 42 covers software and technology services
• Class 35 covers business services and online retail
• Class 25 covers clothing
• Class 41 covers education and entertainment

If your brand spans multiple categories — say, a SaaS product that also sells branded merchandise — you'll need multiple classes, and your filing fee multiplies accordingly. Most startups and solo founders building a single product or service need one to two classes.

Full Cost Breakdown: What You'll Actually Pay

1. USPTO Filing Fee

$350 per class (electronic filing, 2026 fee schedule)

This is the mandatory government fee. It is non-refundable, even if your application is rejected.

Note: As of mid-2025, the USPTO eliminated the separate TEAS Plus ($250) and TEAS Standard tiers. There is now a single base application fee of $350 per class. Any guide still quoting $250 is out of date.

2. Trademark Search

$0 (DIY) to $1,500 (professional)

Before you file, you need to search for conflicting trademarks. The USPTO's free database (called TESS, now the Trademark Center) lets you search yourself at no cost.

A professional attorney-conducted search — which includes phonetic similarities, state registrations, and common law usage — typically costs $400 to $1,500. Skipping a thorough search is one of the most common and costly mistakes first-time filers make.

3. Attorney or Service Fees

$0 (DIY) to $3,000 (attorney)

You are not legally required to hire an attorney if you are based in the U.S. However, the USPTO reports that represented applicants have significantly higher approval rates.

Your options:

• DIY filing: $0 in professional fees. Higher risk of errors that cause delays or rejections.
• Online legal services (e.g., LegalZoom, Trademark Engine): $200–$600 flat fee, plus the USPTO filing fee.
• Trademark attorney: $750–$2,000+ in flat-fee packages, or $300–$600/hour billed hourly.

4. Office Actions (The Hidden Cost Most Guides Skip)

$0 to $3,500+ per response

An Office Action is a formal notice from the USPTO requesting clarification, correction, or additional information. According to USPTO data, more than 60% of applications receive at least one Office Action.

If you filed without an attorney, responding to a complex Office Action — especially one involving a "likelihood of confusion" refusal — can cost $1,500 to $3,500 if you bring in legal help after the fact.

This is where DIY filing can become more expensive than attorney-assisted filing. Filing clean the first time dramatically reduces this risk.

5. Intent-to-Use Statement of Use Fee

$150 per class

If you file before your business has launched (called an Intent-to-Use application), you'll pay an additional $150 per class when you later submit proof that you're using the trademark in commerce. Extension requests cost $125 per class each, up to five extensions.

6. Maintenance Fees (Ongoing)

Trademark registration is not a one-time cost. To keep your trademark active:

• Years 5–6 after registration: $325 per class (Declaration of Continued Use)
• Every 10 years: $650 per class (combined renewal filing)

Miss these windows and your trademark can be cancelled.

Realistic Total Cost by Scenario

When Should You File?

The best time to file is before you launch — not after.

U.S. trademark rights go to whoever files first. If a competitor discovers your brand and files a similar trademark before you do, they can legally block your use of the name — even if you've been using it longer.

If your business isn't live yet, file an Intent-to-Use (ITU) application. It locks in your filing date while you prepare to launch, giving you up to three years to begin using the mark before the registration lapses.

A practical rule: File as soon as you've committed to a name and confirmed it's available.

What to Avoid

Relying on your LLC registration or domain name as trademark protection. Registering an LLC with your state gives you a business identity — it does not give you trademark rights. Owning yourbrand.com does the same. Only a trademark registration protects your name in commerce nationwide.

Filing without searching first. The USPTO will not refund your application fee if your mark is refused because it conflicts with an existing trademark. A basic free search takes 20 minutes. A professional search takes a few days. Both are worth doing before you pay anything.

Choosing the wrong class. Filing in the wrong category means your mark isn't actually protected for what your business does. When in doubt, consult the USPTO's ID Manual or speak with an attorney before filing.

Ignoring Office Actions. You typically have three months to respond to an Office Action (extendable to six months for a fee). Missing the deadline abandons your application — and you lose your filing fees.

Next Steps

1. Run a free trademark name check using the USPTO's Trademark Center (trademark.uspto.gov) to see if your name is already registered or pending.
2. Identify your trademark class(es) — most solo founders need one or two. The USPTO's ID Manual helps you match your goods or services to the right category.
3. Decide on your filing approach — DIY if your brand is simple and distinctive, professional help if you're filing in multiple classes or your name is descriptive.
4. File early — before launch if possible, using an Intent-to-Use application.
5. Set a maintenance reminder — mark your calendar for years 5–6 after registration to file your Declaration of Continued Use.