Costs 2026-05-20 8 min read

How Much Does a Trademark Cost in 2026? Full Fee Breakdown

T
tmarkmetric Editorial
Based on USPTO public data · Reviewed by IP specialists
Key Takeaways
  • USPTO TEAS Plus filing fee: $250 per class. TEAS Standard: $350 per class. These are government fees — non-refundable if your application is refused.
  • Attorney fees for a straightforward single-class application: $500–$1,500 total (including the USPTO fee).
  • Office Action responses cost $300–$1,500+ in attorney fees, depending on complexity. About 60–70% of applications receive at least one.
  • Trademark maintenance has real costs: Section 8 filing ($225 electronic) at years 5–6, renewal ($425 electronic) at year 10 and every 10 years after.
  • International trademark coverage multiplies costs significantly — Madrid Protocol applications start at $250+ per country per class.

The Baseline: What the USPTO Charges

Every trademark application filed with the USPTO requires a non-refundable government filing fee. If the USPTO rejects 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.

Current USPTO fees for trademark applications (as of 2026):

  • TEAS Plus — $250 per class: Requires using pre-approved descriptions from the USPTO's Trademark ID Manual. Lower cost, but less flexibility in describing your goods and services.
  • TEAS Standard — $350 per class: Allows custom goods/services descriptions. Better for complex or unusual business models, but costs $100 more per class.

These fees are per-class, per-application. A business filing a single mark in three classes pays $750 (TEAS Plus) or $1,050 (TEAS Standard). There are no discounts for filing in multiple classes simultaneously.

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, according to USPTO data.

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: $650–$1,550.
  • 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 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

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.

  • Section 8 Declaration of Continued Use (Years 5–6): $225 per class (electronic filing). Must be filed between the 5th and 6th anniversary of registration, or within the 6-month grace period for an additional $100 surcharge per class. Missing the grace period permanently cancels your registration — there's no reinstatement option.
  • Section 15 Incontestability Declaration (Optional, Years 5–6): $200 per class. Not required, but highly recommended for valuable marks. Establishes incontestable status, narrowing the grounds on which competitors can challenge your mark.
  • Section 8 and 9 Combined Renewal (Year 10): $425 per class (electronic). Required at the 10th anniversary and every 10 years after. Confirms continued use and renews the registration for another decade.

The total ongoing cost to maintain a single-class trademark through the first 10-year renewal period is approximately $650–$700 in government fees alone (Section 8 + optional Section 15 + 10-year renewal). Add professional fees for filing these documents ($200–$500 per filing), and a single trademark costs roughly $1,000–$1,500 to maintain through year 10.

Real-World Cost Scenarios

Scenario 1: Solo Founder, Single Class, No Issues

Self-filed TEAS Plus application, one class, no Office Actions, no opposition, standard Section 8 and Section 9 maintenance through year 10.

Total 10-year cost: approximately $900–$1,000 (government fees only; $250 filing + $225 Section 8 + $425 renewal)

Scenario 2: Startup, Two Classes, Attorney-Filed

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

Total 10-year cost: approximately $3,500–$5,500

Scenario 3: Growing Brand, Three Classes, Complex Opposition

Two-class application plus a third class added later, contested Office Action, third-party opposition proceeding at TTAB, maintenance through year 10.

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

International Trademark Costs

U.S. trademark 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 U.S. registration): $250 basic USPTO fee, plus WIPO fees that vary by country (~$100–$200 per country per class). A 10-country filing in two classes could cost $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 $330 application fee.

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 request fees if you need more time at any stage

What you can control: whether you use an attorney, how many classes you file in, whether you file TEAS Plus vs. Standard, and whether you file internationally. Getting these choices right at the outset is far cheaper than fixing mistakes after the fact.

Frequently Asked Questions

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

No. USPTO filing fees are non-refundable under all circumstances — including if your application is refused on substantive grounds, withdrawn voluntarily, or abandoned. This is the strongest possible argument for conducting a thorough clearance search before filing. Paying $250–$350 per class for an application that gets refused wastes both the fee and the time invested.

Is it cheaper to hire a trademark service company instead of an attorney?

Online trademark filing services (LegalZoom, Trademark Engine, etc.) typically charge $200–$500 on top of USPTO fees for document preparation and filing. They're cheaper than a law firm for a simple, uncontested application with a distinctive mark and no obvious conflicts. The downside: these services don't provide legal analysis. If an Office Action is issued, you'll need an attorney anyway — and starting without proper clearance analysis increases the likelihood of getting one. For high-value brands, the attorney route is almost always the better investment.

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

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

What happens to my fees if someone opposes my trademark?

Your original filing fee is unaffected by an opposition — that fee was for the application itself. Opposition proceedings at the TTAB have their own fee structure: $225 per class for a Notice of Opposition, plus attorney fees for both parties if represented. Opposition proceedings are expensive regardless of the outcome, which is why pre-filing clearance searches that identify potential opposers are worth doing properly.

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.

Continue Reading

Filing Guide How to Trademark a Name: Step-by-Step Read → Filing Guide How Long Does a Trademark Take? Read → Strategy Which Trademark Class Do You Need? Read →