How much does a trademark attorney cost?

Trademark attorney fees depend on what you need. A full-service filing (search + application) costs $750–$2,000 for a single class. A clearance search alone runs $200–$600. If your application receives an office action, responding costs another $500–$2,000. Most small businesses should budget $1,000–$1,500 total for a standard single-class filing.

What does a flat-fee trademark attorney include?

Most flat-fee trademark packages include a USPTO database search, preparation and filing of the application, and correspondence through registration. Office action responses are usually extra. Always confirm what's included before paying. Some flat-fee quotes exclude the USPTO filing fee ($250–$350), which you pay separately.

Is a trademark attorney required to file with the USPTO?

US applicants are not required to use an attorney. Foreign applicants must use a US-licensed attorney. While DIY filing is allowed, about 15% of self-filed applications receive an office action compared to roughly 5% for attorney-filed applications.

How much does it cost to respond to a trademark office action?

Office action responses from a trademark attorney typically cost $500–$2,000 depending on the type and complexity. A simple procedural response (like providing a specimen) costs less. A likelihood-of-confusion refusal response requires legal argument and can run $1,500–$2,000+.

Trademark Attorney Cost: What Each Service Actually Costs

Not all attorney work costs the same. Here's what you'll actually pay for each service, plus when you can skip the attorney entirely.

Attorney Fees by Service Type (2026)

Fees reflect typical US trademark attorney rates. Flat-fee packages vary by firm.

Service	Typical Fee	Notes
Clearance Search Only	$200–$600	USPTO + common law search. Add-on: comprehensive watch service.
Application Preparation & Filing	$500–$1,500	Attorney fee only. Add USPTO filing fee ($250–$350/class).
Full Service (Search + Filing)	$750–$2,000	Most common. Includes clearance search, prep, and filing (single class).
Office Action Response	$500–$2,000	Depends on issue type. Simple procedural responses are cheapest.
Likelihood of Confusion Response	$1,500–$3,000	Most complex office actions. Requires detailed legal argument.
TTAB Opposition Defense	$3,000–$10,000+	If someone files an opposition to your application. Can go much higher.
Section 8 & 9 Renewal Filing	$300–$600	Attorney fee for preparing maintenance filings. Add USPTO fees ($525/class).
Trademark Assignment	$350–$800	Transferring trademark ownership (e.g., in a business sale).
Cease & Desist Letter	$500–$1,500	Sending or responding to C&D. Litigation is a separate, much larger cost.

Estimate Your Total Attorney Cost

Select the services you need to build your cost estimate.

Clearance Search $200–$600

Application Preparation & Filing $500–$1,500

Office Action Response (if needed) $500–$2,000

Section 8 & 9 Renewal (year 5–6) $300–$600

Estimated Attorney Fee Range

$500 – $1,500

Attorney fees only. USPTO filing fees are separate.

Add USPTO filing fees

TEAS Plus: $250/class

TEAS Standard: $350/class

What Each Dollar Buys You

$200–$600: Clearance Search

A proper clearance search goes beyond typing your name into TEAS. Attorneys check state registrations, common law uses, industry databases, and domain names. Finding a conflict before filing saves you the entire filing fee plus months of delay.

Skip it if: your mark is highly distinctive (a made-up word) and a quick TEAS search turns up nothing similar. Don't skip it if: you're filing in Class 9, 25, or 35, where crowding is severe.

$500–$1,500: Application Prep and Filing

This is the core service. The attorney drafts your identification of goods/services, selects the right filing basis (use in commerce vs. intent to use), and files via TEAS. The goods/services description matters a lot. Too narrow and you lose coverage. Too broad and you'll get a refusal requiring you to narrow it anyway.

Most of the $500–$1,500 range is prep work, not the act of clicking Submit. A $500 quote means simple goods, pre-approved descriptions, and minimal back-and-forth. A $1,500 quote usually means custom descriptions and a more involved review.

$500–$2,000: Office Action Response

About 30–40% of trademark applications receive some form of office action. Most are procedural. Some are substantive. The likelihood-of-confusion refusal is the hardest to fight and requires a detailed legal argument. You have 3 months to respond (extendable to 6 for a fee).

Missing the deadline cancels your application. The filing fee is gone. You start over.

When DIY Actually Works

Good candidates for DIY

✓ Invented/fanciful words (not descriptive)
✓ Uncrowded categories (not Class 9, 25, 35, 43)
✓ Goods/services fit a pre-approved USPTO description exactly
✓ Thorough search found no conflicts

Hire an attorney if

✗ Your mark is similar to existing registrations
✗ Filing in Class 9, 25, 35, or 43 (highly crowded)
✗ Brand is central to your business value
✗ You've already received an office action

Related tools

Trademark Fee Calculator | DIY vs Attorney Comparison | USPTO Filing Fees Explained | Renewal Costs

Updated March 2026 | Based on industry survey data and USPTO fee schedule

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.