How Much Does a Trademark Cost in 2026?
The short answer: $250–$350 in USPTO fees to file. With an attorney: $1,000–$2,500 total. Over the full 10-year life of the trademark, $775–$3,275 per class depending on how much help you hire. Here's exactly where every dollar goes.
2026 Trademark Cost at a Glance
Trademark Cost Comparison: 4 Ways to File
Single class. 2026 USPTO fee schedule. Attorney fees are market estimates for flat-fee single-class filings.
| Filing Option | USPTO Fee | Attorney Fee | Total Filing Cost |
|---|---|---|---|
|
DIY — TEAS Plus
Pre-approved descriptions required
|
$250 | — | $250 |
|
DIY — TEAS Standard
Custom descriptions allowed
|
$350 | — | $350 |
|
Online flat-fee service
LegalZoom, Trademark Engine, etc.
|
$250–$350 | $149–$499 | $400–$850 |
|
Trademark attorney
Boutique IP firm, clearance + filing
|
$250–$350 | $750–$2,000 | $1,000–$2,350 |
USPTO Filing Fees: The Government Portion
Every trademark application starts with a USPTO fee. There are two options.
Requires selecting goods and services from the USPTO's pre-approved Identification Manual. You also have to agree to email correspondence. The upside: $100/class cheaper, and pre-approved descriptions reduce the chance of an office action requesting clarification.
Lets you write your own description of goods and services. Useful when your product doesn't fit neatly into the pre-approved list. That flexibility costs $100/class more, and custom descriptions increase examiner scrutiny.
Pick TEAS Plus when your goods or services match an ID Manual entry — most common products and services do. Pick TEAS Standard for unusual or highly specific offerings where a custom description matters.
Attorney Costs: What You're Actually Paying For
Most trademark attorneys offer flat-fee packages. Here's what those packages typically include and what they cost.
| Service | Typical Cost |
|---|---|
| Clearance search (knock-out search only) | $200–$400 |
| Full clearance search + opinion letter | $400–$800 |
| Attorney fee — prepare and file application | $500–$1,500 |
| Monitor application through examination | Often included in flat fee |
| Office action response (simple) | $500–$1,000 |
| Office action response (complex, ex parte appeal) | $1,500–$3,000 |
| Section 8 maintenance filing | $300–$500 |
| Section 8 & 9 renewal filing | $300–$500 |
The clearance search is the step DIY filers most often skip. It runs a comprehensive check against existing registrations and common-law uses. Skipping it doesn't save much — maybe $300–$600 — but it's how people end up with a cease-and-desist after spending $2,000 on filing and setup.
An attorney reduces your office action risk from roughly 25–40% of applications to around 5–10%. In competitive classes like software (Class 9), clothing (Class 25), or food service (Class 43), that risk reduction is worth the price.
Maintenance Costs: What Keeps a Trademark Alive
A trademark isn't a one-time purchase. You have to file maintenance documents twice in the first 10 years — or the registration gets cancelled. The USPTO sends no reminders.
| Filing | When Due | Gov't Fee / Class |
|---|---|---|
| Section 8 Declaration (continued use) | Between years 5–6 | $225 |
| Section 15 Declaration (incontestability) | Years 5–6 (optional) | $200 |
| Combined Section 8 & 9 Renewal | Between years 9–10 | $300 |
| 10-year total (TEAS Plus, required only) | — | $775 |
Miss the Section 8 window? There's a 6-month grace period, but it costs an extra $100/class. Miss the grace period entirely and the registration is cancelled — no reinstatement option. You'd need to file a new application.
The Section 15 incontestability declaration ($200) is optional but smart if you've been using the mark continuously for 5 years. It makes the mark harder to challenge on certain grounds. Worth adding if you're already doing the Section 8 filing.
The Full Budget: Filing Through 10-Year Renewal
Add it all up for a single-class trademark. Attorney fees are estimated at the lower end of flat-fee market rates.
| Stage | DIY (TEAS Plus) | With Attorney |
|---|---|---|
| Clearance search | — | $300–$600 |
| USPTO filing fee | $250 | $250 |
| Attorney — initial filing | — | $750–$1,500 |
| Section 8 at years 5–6 (USPTO) | $225 | $225 |
| Attorney — Section 8 filing | — | $300–$500 |
| Section 8 & 9 renewal at years 9–10 (USPTO) | $300 | $300 |
| Attorney — renewal filing | — | $300–$500 |
| 10-Year Total | $775 | $2,125–$3,625 |
The DIY number ($775) is the floor — government fees only, no complications, TEAS Plus. The attorney number is the ceiling for a clean case. Real-world costs land somewhere in between, and they spike when office actions hit. An office action response runs $500–$2,000 per action, and about 30% of applications get at least one.
What Makes Trademark Costs Go Up (or Down)
Every additional International Class multiplies the USPTO fee. A 3-class TEAS Plus application costs $750 in government fees. File only the classes where you actually sell goods or services — speculative classes create maintenance obligations you'll pay for every 10 years.
About 25–40% of applications receive at least one office action. DIY filers responding without counsel abandon at a much higher rate. If you get a likelihood-of-confusion refusal, you need an attorney — those require legal argument and evidence, not just clarification.
If you file before using the mark in commerce, you're on an intent-to-use (ITU) basis. You get 6 months after the Notice of Allowance to file a Statement of Use ($100/class). Each 6-month extension costs another $125/class, up to 5 extensions (30 months total). That's up to $725/class in ITU fees on top of the filing fee.
Saving $100/class sounds small until you file 3 classes annually. A company filing 5 trademark applications per year in 2 classes each saves $1,000/year just by using TEAS Plus instead of TEAS Standard. Check the ID Manual before assuming your goods don't fit an approved description.
Coined or arbitrary marks (invented words, words with no connection to the product) clear examination faster and with fewer office actions. Descriptive marks often get refused and require proving secondary meaning — expensive, slow, and uncertain. The cheapest trademark path is filing a strong mark from the start.
DIY vs Attorney: When the Math Changes
The attorney question isn't about affordability — it's about risk math.
| Scenario | Best Approach |
|---|---|
| Invented word, 1 class, no prior marks found in quick search | DIY probably fine |
| Common dictionary word, competitive class (apparel, food, software) | Attorney recommended |
| Logo or design mark in any class | Attorney for clearance search |
| Multi-class application (3+ classes) | Attorney — saves on office actions |
| Brand with real revenue and customer recognition | Attorney — registration protects what you've built |
| Testing a new brand with no customers yet | DIY or online service to keep costs low |
See the full analysis: DIY vs Attorney — side-by-side cost and risk comparison.
Calculate Your Trademark Costs
Trademark Cost Questions
Data: USPTO Official Fee Schedule, Clio Legal Trends Report, ABA IP Attorney Fee Surveys, USPTO Examination Statistics
Last updated: October 2025
How we calculate this · A trademark search by a qualified attorney reduces risk significantly. Filing without a search risks rejection and wasted fees.