Costs 2026-07-23 9 min read

Trademark Cost 2026: $350 USPTO Fee, Explained

T
tmarkmetric Editorial
Based on USPTO public data · Reviewed by IP specialists
Key Takeaways
  • The USPTO base application fee is $350 per class in 2026. The old TEAS Plus ($250) and TEAS Standard ($350) tiers were eliminated on January 18, 2025 — there is now one base fee plus surcharges.
  • Surcharges can raise the per-class fee: +$100 for insufficient information, +$200 for custom (free-form) goods/services descriptions not in the ID Manual, +$200 per extra 1,000 characters of identification.
  • Attorney fees for a straightforward single-class application: roughly $500–$1,500 on top of the government fee.
  • Maintenance fees rose in 2025: Section 8 declaration is now $325 per class (was $225), and the Section 9 renewal is $325 per class.
  • Office Action responses cost $300–$1,500+ in attorney fees, and roughly half of applications receive at least one — which is why a clearance search before filing is the cheapest insurance you can buy.

The Baseline: What the USPTO Charges Per Class in 2026

Every trademark application filed with the USPTO requires a non-refundable government filing fee, charged per class of goods or services. If the USPTO refuses your application, you do not get this money back. That fact — more than any dollar amount — is why running a proper clearance search before filing matters.

The big change: on January 18, 2025, the USPTO eliminated the old TEAS Plus ($250) and TEAS Standard ($350) application options. They were consolidated into a single base application fee of $350 per class, filed through the new Trademark Center. If you still see references to "TEAS Plus vs. TEAS Standard," they are out of date.

Instead of two tiers, there is now one base fee plus surcharges that apply if your application isn't "clean":

2026 USPTO Trademark Application Fees and Surcharges (per class)
2026 USPTO Application Fee Cost
Base application fee (per class)$350
Surcharge — insufficient information (per class)+$100
Surcharge — custom/free-form identification not in the ID Manual (per class)+$200
Surcharge — each additional 1,000 characters of identification (per class)+$200

To pay only the $350 base fee, you must use pre-approved descriptions from the USPTO's Acceptable Identification of Goods and Services Manual (the "ID Manual") and provide complete information. The moment you write your own description or leave a required field incomplete, the surcharges stack on top — per class. A single-class application using a custom description therefore costs $550 ($350 + $200), not $350.

Intent-to-Use Applications: Extra Fees

If you file before you're actually using the mark in commerce (a Section 1(b) "intent-to-use" application), there are additional fees later:

  • Statement of Use / Amendment to Allege Use — $150 per class (increased from $100 in 2025). Filed once you begin using the mark in commerce, to complete registration.
  • Request for extension of time to file a Statement of Use — $125 per class. You may need several of these while you get to market, each adding cost.

Attorney Fees: When You Need One and What to Expect

The USPTO accepts self-filed applications. But professional representation meaningfully improves your odds: attorney-filed applications have higher approval rates, fewer Office Actions, and faster resolution on average. (Note: the USPTO requires foreign-domiciled applicants to be represented by a U.S.-licensed attorney.)

Typical attorney fee ranges for U.S. trademark work in 2026:

  • Clearance search and opinion — $300–$800. A written opinion analyzing conflicts and recommending whether to proceed. Worth every dollar before committing to a name.
  • Application preparation and filing (single class) — $400–$1,200 in professional fees, plus the government filing fee. Total out-of-pocket: roughly $750–$1,750.
  • Each additional class — $150–$400 in additional attorney fees, plus the government fee per class.
  • Office Action response (non-final) — $300–$1,500, depending on the type of refusal. A procedural issue (specimen problem, description clarification) costs less than arguing against a likelihood of confusion refusal citing a specific conflicting mark.
  • Office Action response (final) — $500–$2,500+. A final refusal requires a more detailed response or an appeal to the TTAB.
  • TTAB ex parte appeal — $1,500–$5,000+ in attorney fees, plus the TTAB appeal fee ($225 per class). Appeals can stretch 1–3 years.

Maintenance Costs: The Ongoing Fees After Registration (2026)

Trademark registration is not a one-time cost. Federal trademark law requires maintenance filings at specific intervals, and missing them cancels your registration. The USPTO will not remind you. These fees also rose in the 2025 schedule:

2026 USPTO Trademark Maintenance and Post-Registration Fees (per class)
Maintenance / Post-Registration Filing Fee (per class, electronic)
Section 8 Declaration of Continued Use (years 5–6)$325 (was $225)
Section 15 Declaration of Incontestability (optional)~$200
Section 9 Renewal (year 10, then every 10 years)$325
Combined Section 8 & 9 renewal (year 10)$650 ($325 + $325)

The Section 8 declaration must be filed between the 5th and 6th anniversary of registration, or within the 6-month grace period for an additional surcharge per class. Missing the grace period permanently cancels your registration — there's no reinstatement option.

Real-World Cost Scenarios (2026)

Scenario 1: Solo Founder, Single Class, No Issues

Self-filed application using ID Manual descriptions (base $350, no surcharges), one class, no Office Actions, standard Section 8 and Section 9 maintenance through year 10.

Total 10-year cost: approximately $1,000 in government fees ($350 filing + $325 Section 8 + $325 renewal).

Scenario 2: Startup, Two Classes, Attorney-Filed

Attorney-assisted clearance search, two-class application, one Office Action response, Section 8 and Section 9 maintenance through year 10.

Total 10-year cost: approximately $4,000–$6,000.

Scenario 3: Growing Brand, Three Classes, Contested

Multi-class application, contested Office Action, third-party opposition proceeding at the TTAB, maintenance through year 10.

Total cost: $8,000–$20,000+ — the opposition proceeding alone can run $5,000–$15,000 in attorney fees.

TTAB and Other Government Fees

  • Notice of Opposition (TTAB) — $600 per class (electronic). Increased significantly in 2025.
  • Petition to Cancel (TTAB) — $600 per class (electronic).
  • Ex parte appeal (TTAB) — $225 per class (electronic).
  • Letter of Protest — $150 (increased from $50). Used to flag a conflicting pending application to the examiner.

International Trademark Costs

U.S. registration covers the United States only. If you sell internationally, you need separate filings in each market. The Madrid Protocol simplifies multi-country filing but doesn't reduce the per-country cost substantially:

  • Madrid Protocol international application (based on a U.S. application/registration): a USPTO certification fee of $100 per class, plus WIPO's basic fee and individual country fees that vary widely. A 10-country filing in two classes can run $2,000–$5,000+ in government fees alone.
  • Direct EU filing (EUIPO): €850 for the first class, €50 for the second, €150 for each additional class. One filing covers all 27 EU member states.
  • Direct UK filing (UKIPO): £170 for one class, £50 per additional class.
  • Direct Canada filing (CIPO): CAD $458.00 for the first class, CAD $139.00 for each additional class (current schedule).

What You Can't Avoid Paying

Some costs are fixed and non-negotiable regardless of how you file:

  • Government filing fees (non-refundable even on refusal)
  • Government maintenance fees (or lose your registration)
  • Extension and Statement of Use fees if you filed intent-to-use

What you can control: whether you use an attorney, how many classes you file in, whether you use ID Manual descriptions (avoiding the $200 surcharge), and whether you file internationally. Getting these choices right at the outset is far cheaper than fixing mistakes after the fact.

Frequently Asked Questions

How much is the USPTO trademark filing fee per class in 2026?

The base application fee is $350 per class, filed through the USPTO Trademark Center. Surcharges can raise it: +$100 per class for insufficient information, +$200 per class for custom goods/services descriptions not in the ID Manual, and +$200 per class for each additional 1,000 characters of identification. To pay only $350, use pre-approved ID Manual descriptions and complete all required fields.

What happened to TEAS Plus and TEAS Standard?

They were eliminated on January 18, 2025. The USPTO replaced the two-tier system (TEAS Plus at $250 and TEAS Standard at $350) with a single base application fee of $350 per class plus surcharges. The TEAS system itself was also retired in favor of the new Trademark Center. Any guide still describing TEAS Plus vs. TEAS Standard is out of date.

Can I get a refund if my trademark application is rejected?

No. USPTO filing fees are non-refundable under all circumstances — including refusal on substantive grounds, voluntary withdrawal, or abandonment. This is the strongest argument for a thorough clearance search before filing: paying $350+ per class for an application that gets refused wastes both the fee and the time invested.

How much does it cost to maintain a trademark?

In government fees, roughly $1,000 per class over the first 10 years: the Section 8 declaration at years 5–6 is now $325 per class, and the combined Section 8 and 9 renewal at year 10 is $650 per class. Add professional fees for filing these documents and the maintenance cost is higher.

Do I need to pay a fee to search the USPTO database?

No. The USPTO's official trademark search and tmarkmetric are both free. There is no fee to research existing trademarks before filing. The only fees are for submitting an application, filing responses, and maintaining a registration.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed trademark attorney for guidance specific to your situation.

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