Contents:
- Quick Answer
- Why the Question Comes Up So Often
- Breaking Down the Full Cost
- USPTO Filing Fees
- Attorney Fees
- Trademark Search Costs
- Ongoing Maintenance Fees
- Trademark vs. LLC: The Commonly Confused Alternative
- Real-World Examples
- When Trademarking Makes Sense (and When to Wait)
- Frequently Asked Questions
- How long does trademark registration take?
- Can I trademark a name myself without a lawyer?
- Does a trademark last forever?
- What happens if I don’t trademark my business name?
- Is trademarking a logo different from trademarking a name?
Here’s a myth worth busting right away: registering your LLC does not protect your business name nationwide, and plenty of new owners find that out the hard way after a competitor in another state starts using an identical name legally.
Quick Answer
Trademarking a business name through the USPTO costs $250 to $350 per class of goods or services in government filing fees alone, filed directly through TEAS Plus. Add an attorney, and total costs typically land between $1,000 and $2,500 for a straightforward application with no complications.
Why the Question Comes Up So Often
New business owners often assume LLC registration equals brand protection, then get a cease-and-desist letter from a company with an earlier federal trademark on a similar name. That expensive lesson is exactly why trademark cost questions spike right after businesses launch and start scaling.
Breaking Down the Full Cost
USPTO Filing Fees
The base fee runs $250 per class using the TEAS Plus application (requires using pre-approved goods/services descriptions) or $350 using TEAS Standard, which allows custom descriptions but costs more. Most small businesses file under one or two classes, so budget $250 to $700 in pure government fees.
Attorney Fees
A trademark attorney typically charges $500 to $1,500 for search, filing, and responding to any USPTO office actions. Skipping the attorney saves money upfront but raises the risk of application rejection due to conflicts you didn’t catch.
Trademark Search Costs
A comprehensive clearance search, checking for conflicting marks beyond the basic USPTO database, costs $300 to $800 through a specialized search firm, though many attorneys include this in their flat fee.
Ongoing Maintenance Fees
Trademarks require a Section 8 declaration of continued use between years five and six ($225 per class) and renewal every ten years ($300 to $525 per class), so budget for these recurring costs long after your initial filing.
Trademark vs. LLC: The Commonly Confused Alternative
An LLC registration protects your business name only within your state and only against other LLCs using that exact name in that state. A federal trademark protects your brand name nationwide across whatever classes of goods or services you register, and it prevents confusingly similar names, not just identical ones. Many owners pay for both, since they serve entirely different legal purposes.
Real-World Examples
A single-class trademark for a coffee shop’s name, filed via TEAS Plus with no attorney, might cost just $250 to $350 total if the application sails through without objections. Compare that to a software company trademarking its name across three classes (software, consulting services, and branded merchandise) with attorney help through a contested application: total cost can climb to $4,000 to $6,000, especially if the USPTO issues an office action requiring a legal response.
When Trademarking Makes Sense (and When to Wait)
Trademark your name once you’re confident it’s your permanent brand and you’re actively selling across state lines or online nationally. It’s usually premature for a brand-new business still testing its name and concept, since a rebrand within the first year wastes the filing investment.
Frequently Asked Questions
How long does trademark registration take?
Expect eight to fourteen months from filing to registration if there are no complications, based on current USPTO processing timelines in 2026.
Can I trademark a name myself without a lawyer?
Yes, the USPTO’s TEAS system allows self-filing, though a botched application risks rejection and losing the filing fee without a refund.
Does a trademark last forever?
A trademark can last indefinitely as long as you continue using it in commerce and file required renewal and maintenance documents on schedule.
What happens if I don’t trademark my business name?
You risk another business registering a similar mark first, potentially forcing you to rebrand later at significant cost and lost brand recognition.
Is trademarking a logo different from trademarking a name?
Yes, logos and names require separate trademark applications, each with its own filing fee, since they’re considered distinct marks.
