How much does a trademark cost?

Cost of Trademarks

Registration cost The first cost to consider is the United States Patent and Trademark Office (USPTO) fees. The base application costs $350 per Class.

Extra USPTO fees

If your trademark covers multiple Classes of goods or services, you’ll need to pay the fee for each class.

Also, the USPTO may ask for more information after you submit your application. If this happens, there’s a chance you may have to pay additional fees. For instance, if you need to request an extension of time to respond, it will cost an extra $125 per class.

Are there any additional trademark filing fees I may have to pay?

Yes, from time to time there might be additional feedback from the USPTO that is required in order to move your trademark registration forward.

You may need to file a Statement of Use (SOU) if you applied for your trademark based on the “intent to use” it in the future. An SOU tells the USPTO that you are now using the trademark in business.

The fee to file a Statement of Use is $150 per number of Classes of goods. If you’re not ready to file your SOU when it’s due, you can request up to five, six-month extensions, which each cost an extra $125 per Class. If you don’t file your SOU on time or request an extension, your application could be abandoned, and you would lose the money you’ve already spent on the fees.

You may receive an Office Action from the USPTO requesting additional information about your trademark application. If the USPTO issues a multi-class requirement, there’s a $350 fee for each additional Class.

If your trademark has entered abandoned status, the USPTO charges $375 to file a petition to revive. Additional USPTO fees may apply depending on the reason for the abandonment and the steps needed to correct it.

Please note: the fees listed above are USPTO fees only. If you’d like help reviewing or responding to an Office Action, Notice of Allowance, or Notice of Abandonment from the USPTO, Rocket Legal Professional Services (RLPS) can assist you for an additional service fee.

How Much Does a Trademark Cost to Maintain?

Unfortunately, the cost of a trademark isn’t just a one-time thing. To keep your trademark active, you’ll need to pay maintenance fees at certain points after the application process:

• First maintenance fee: the first maintenance fee is due between the fifth and sixth years after the registration process. You’ll need to file a Section 8 Declaration of Continued Use, which costs $325 per Class of goods and services. This document confirms that you’re still using the trademark for the goods or services you registered.
• Renewal fees: every ten years, you’ll need to renew your trademark registration. This involves filing a combined Section 8 and Section 9 Declaration of Use and Application for Renewal. The total cost is $650 per number of Classes of goods.

Again, if you don’t file these documents on time, you could lose your rights to your trademark.

Can I Save Money by Working with a Lawyer?

You might think that hiring a lawyer and having to deal with attorney fees is an additional cost you can avoid, but in many cases, working with a trademark lawyer can actually save you money in the long run. Here’s how:

• Avoiding expensive mistakes: filing a trademark can be complicated, and even small mistakes can cause big problems. If your application is rejected because of a mistake (like not doing a proper trademark search), you’ll have to start over and pay the application fees again. A lawyer can help you get it right the first time.
• Navigating complicated cases: if your trademark is complex or if there’s a chance it could be confused with another trademark, an attorney can navigate these challenges. They can research existing trademarks, help you choose the right classes, and overall advise you on how to avoid conflicts with trademark rights.
• Responding to questions: if the USPTO has questions or issues with your application, they’ll send you an Office Action. Responding to one can be tricky, and if you don’t do it correctly, your application could be rejected – meaning you would have to go through the whole process and pay the trademark fees all over again. A lawyer can help you respond in the best way possible.
• Handling infringement issues: after your trademark is registered, you’ll need to monitor to make sure no one else is using a trademark that’s too similar to yours. If someone does use your intellectual property, a lawyer with experience in trademark protection can save you from losing your legal rights to it.
• Saving time: registering and maintaining a trademark can be time-consuming. By hiring a trademark attorney, you can save time and focus on running your business, while they handle trademark law.

Get started filing your trademark

Learning how much a trademark costs is often the first step toward protecting your brand through trademark registration. If you’re considering registering your trademark, Rocket Lawyer Trademark Services can manage part or all of the process for you.