How Much Does It Cost to Trademark a Name in 2026?

Trademarking a name starts at $350 in USPTO filing fees per class — but that's only part of the picture. The real cost depends on how many classes you file in, whether you use custom goods/services descriptions (which add a $200/class surcharge), whether you hire an attorney, and what happens during examination.

Here's every cost you'll actually encounter, broken down by what's required and what's optional.

USPTO filing fees (required)

As of January 18, 2025, the USPTO moved to a single-tier application fee. The old TEAS Plus / TEAS Standard split no longer exists:

• Base application fee — $350 per class. This applies to all electronic trademark applications under Section 1 or Section 44.
• Custom description surcharge — +$200 per class. If you write your own goods/services description instead of using the USPTO's pre-approved ID Manual, a $200/class surcharge applies, making the effective cost $550/class.

Most small businesses file in 1–3 classes using pre-approved ID Manual descriptions ($350/class). Filing fees alone:

• 1 class (ID Manual description): $350
• 2 classes (ID Manual description): $700
• 3 classes (ID Manual description): $1,050

Before filing, search existing trademarks to know which classes you need — and whether anything already conflicts. Search free on Sealvo to check registered and pending marks by class.

Attorney fees (optional but recommended)

You can file without an attorney. Many people do. But attorney fees are worth understanding:

• Trademark search and opinion: $200–$500. A professional search covers phonetic variations, design marks, and common law rights beyond the USPTO database.
• Application preparation and filing: $500–$1,500. Includes class selection, goods and services description writing, and filing management.
• Office Action response: $500–$2,000 per response. If the USPTO rejects or questions your application, responding requires legal arguments. This is where DIY filings most often fail.

Total with attorney (1 class, no complications): $1,050–$2,350
Total without attorney (1 class, no complications): $350

Extension and maintenance fees

Several fees can come up after the initial filing:

• Office Action extension: $125 per class, per 3-month extension. Gives you up to 6 months to respond instead of 3.
• Intent-to-use extension (Statement of Use): $125 per class per 6-month extension, up to 5 extensions (30 months total). If you filed before using the mark, you'll need to file a Statement of Use before registration can issue.
• Section 8 declaration (years 5–6): $325 per class. Proves continued use. Required to keep your registration active. (Increased from $225 effective January 2025.)
• Section 9 renewal (every 10 years): $325 per class. Must be filed in the year 9–10 window. Missing it cancels your registration.
• Late fees (grace period): $100 per class surcharge for Section 8 and Section 9 filings during the 6-month grace period.

What a typical first-time filer actually pays

Can you do it yourself for $350?

Yes, if:

• Your search shows no conflicting marks
• Your goods and services description fits the USPTO's pre-approved ID Manual
• You don't receive an Office Action requiring a legal response

A meaningful share of applications receive at least one Office Action — and likelihood-of-confusion rejections are the most common reason. If you get one and don't know how to respond, you either abandon the application (losing your filing fee) or hire an attorney to respond — at that point, DIY savings evaporate.

The safest DIY approach: do a thorough search first, use the pre-approved ID Manual descriptions to avoid the $200/class custom description surcharge, and have an attorney's contact ready if an Office Action arrives.

What affects the cost most

• Number of classes: Every class is a separate fee. Filing in 5 classes costs 5× the per-class rate. Most businesses need 1–3 classes.
• Office Actions: Each response adds $500–$2,000 in attorney fees and extends your timeline. A clear field in your class significantly reduces the chance of a likelihood-of-confusion rejection.
• Intent-to-use vs. use-based: ITU applications may require multiple Statement of Use extensions at $125/class each before registration issues.

Checking for conflicts before you pay anything

The single best way to reduce trademark costs is to search thoroughly before filing. A conflicting mark in your class almost guarantees an Office Action — and the attorney fees that come with it.

Search the USPTO database on Sealvo — free, no account, 15 million records. Filter by your Nice class, check both Registered and Pending status, and look at phonetic variations of your name. If the field is clear, your filing has a much better chance of going through without a rejection.

For a step-by-step guide to the full process, see our guide to trademarking a business name.

Check for conflicting marks before you file — search free on Sealvo. 15 million USPTO records, no account required.