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How Much Does a Trademark Cost?: A Comprehensive Guide to Trademark Registration Fees

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How Much Does a Trademark Cost?: A Comprehensive Guide to Trademark Registration Fees 

In today’s digital-first world, brand protection is no longer optional: it’s a business imperative. With counterfeiters just a click away, securing a trademark is the most effective way to safeguard your brand identity, reputation, and revenue. A trademark provides the foundation for brand recognition, marketplace control, and long-term growth.

Whether you’re launching a new brand or scaling an established one, understanding the true cost of trademark registration is key to making smart, future-proof decisions. This guide breaks down the full spectrum of trademark-related fees -- filing, maintenance, and strategic considerations -- to help you invest wisely and protect what you’ve built.

Why Trademarking Matters More Than Ever

The digital age has ushered in unprecedented opportunities for businesses to reach global audiences. However, it has also introduced challenges, most notably the ease with which counterfeiters can replicate and distribute fake products. A registered trademark and logo for your brand can serve as a legal shield, enabling you to take action against unauthorized use. 

What Kind of Trademark Protection Do You Need?

Before diving into fees and filing steps, it's essential to understand the different levels of trademark protection available. The path you choose (federal, state, or international) will shape both your costs and your brand's legal reach.

Keep in mind that if you have any plans to operate online, scale nationally, or build a defensible brand, a federal trademark is truly the only option for your company. State registrations are cheaper up front, but they provide weak, localized protection that you’ll likely outgrow quickly. Worse, a competitor can register a similar or identical name at the federal level to effectively wipe out your rights outside your state. Instead of doubling back later, start with the protection you’ll eventually need.

Federal trademark registration through the USPTO offers the strongest protection, granting exclusive nationwide rights, access to federal courts, and eligibility for brand protection programs like Amazon and Shopify. It typically costs $350 per class.

State registration, by contrast, offers limited, in-state protection, can’t be enforced federally, and may conflict with federally registered marks. It costs $50–$150 but is rarely sufficient for growing businesses.

If you plan to sell internationally, remember that U.S. trademarks only protect you domestically. For global coverage, you’ll need to file in each country or use the Madrid Protocol, which streamlines protection across 120+ countries.

A breakdown of the differences between the trademark jurisdictions can be found in the table below: 

Feature Federal State International
Legal Scope Nationwide (U.S.) One state only Country-specific
Cost $350 per class $50-%150 total Varies widely by country
Enforceable in Federal Court Yes No Yes (in filing jurisdictions)*
Public Registry USPTO database State-level only National/IP databases**
Best for National/eCommerce/ brand protection use Local-only business Exporters, global brands

* To enforce a trademark in U.S. federal court, the mark must be registered with the USPTO. Trademarks filed internationally must be extended and granted protection in the U.S. to have standing. Similarly, enforcement in other countries is only possible if the trademark is registered under that country’s legal system or accepted via an international treaty like the Madrid Protocol.

** When a trademark is registered internationally, it is recorded in that country’s official IP database. For example, trademarks extended to the U.S. under the Madrid Protocol appear in the USPTO database, while those registered in the EU are listed in the EUIPO’s eSearch database. Public listing helps deter infringement and allows others to search for conflicting marks.

Understanding Trademark Registration Costs

The United States Patent and Trademark Office (USPTO) recently revamped its trademark application system, replacing the previous forms with a single, unified electronic filing option. This streamlined approach aims to simplify the process and comes with a flat base filing fee of $350 per class of goods or services.

Trademarks are categorized into 45 different international classes, each representing a distinct type of product or service. If your business spans multiple categories -- for example, skincare and apparel -- you’ll need to pay the $350 fee for each class you include in your application.

Additional USPTO Fees: What Could Increase Your Filing Costs?

While the $350 per class fee is the starting point for a federal trademark application, extra surcharges can quickly add up, especially if your application doesn’t follow USPTO’s preferred format.

Surcharge Type Trigger Condition Fee Per Class
Insufficient Information Missing or incorrect details in your application $100
Custom Description Describing goods/services in your own words instead of using USPTO’s ID Manual $200
Lengthy Description Exceeding 1,000 characters (fee is per extra 1,000 characters) $200

For example, imagine you were launching a beauty brand and you’re applying for trademark protection across 3 categories: skincare products (Class 3), cosmetics (Class 3), and beauty tools (Class 21). You opt to use custom descriptions instead of the USPTO’s pre-approved terms, and one of your descriptions exceeds 1,000 characters, here’s how the costs could accumulate:

Fee Type Amount per Class Classes Affected Subtotal
Base USPTO Filing Fee $350 3 $1,050
Custom Description Surcharge $200 3 $600
Lengthy Description Surcharge $200 1 $200
Total $1,850

Intent-to-Use Applications: Planning Ahead for Future Branding

Need for brand protection isn’t always immediate, especially if you’re still in the product development or pre-launch phase. That’s where the Intent-to-Use (ITU) trademark application comes in. It allows you to reserve rights to a trademark before it’s officially in use, signaling serious intent to enter the market and protecting your brand name while you finalize your launch.

Additional Steps and Fees to Know

Unlike a standard application for a mark already in use, the ITU route includes a few extra requirements and associated costs:

ITU Filing Step Description Fee per Class
File initial ITU Application One-time upfront $350
File Statement of Use (SOU) or Amendment to Allege Use (AAU) Once your trademark is actually being used in commerce, you file an SOU or AAU to move your application forward within six months of initial ITU application $150
Request Extension (if necessary) Each extension grants an additional 6 months and you can request up-to five extensions (i.e. maximum of 3 years to go live with your trademark) $125 per extension

Strategic Takeaways:

  • Don’t File Too Early: You gain protection when you file, but every delay adds cost. Time your filing to avoid unnecessary extensions.
  • Priority Date Advantage: Your trademark “priority date” is locked in from the original filing. Even if a competitor launches before you, you’ll maintain superior rights as long as you eventually use the mark and complete your filings.

The Long-Term Costs of Trademark Ownership

A common misconception is that trademark protection is a one-and-done process. In reality, trademark ownership comes with ongoing responsibilities and periodic renewal costs in order to keep your registration active and enforceable. Failing to meet these maintenance deadlines can lead to your trademark being canceled or marked as abandoned, meaning you’d lose your legal protections and have to start over.

Here’s a breakdown of the major trademark maintenance deadlines:

Filing Type Timing Fee Required? Purpose
Section 8: Declaration of Use Between year 5 and 6 $325 Required Confirms your trademark is still in commercial use. Failure = cancellation.
Section 15: Incontestability Between year 5 and 6 $250 Optional Grants “incontestable” status, making it harder for others to challenge your mark.
Section 8+15 combo filing Between year 5 and 6 $575 Optional Many owners file these together to streamline and strengthen protection.
Section 9: Renewal Every 10 years after registration $325 Required Officially renews and maintains active status in USPTO records.

While Section 15 is optional, it is strongly recommended because it offers one of the most powerful upgrades you can make to your trademark protection. Once granted, third parties can no longer dispute your ownership on the grounds that the trademark is merely descriptive, lacking secondary meaning, or confusingly similar to an older, unregistered mark. Filing it grants “incontestable” status under U.S. law, meaning your mark becomes much harder to challenge in court. 

In essence, it locks in your rights and removes some of the most common defenses infringers try to use. This can be especially valuable for brands facing counterfeits or competitors in crowded markets.

Trademark Cost vs. Brand Protection ROI: The Real Price of Not Registering

When you're building a brand, every dollar counts. Is the cost of a trademark really worth it? The answer is a definite yes: the cost of not having a trademark can be far greater.

Here’s what’s really at stake:

  • Trademark Dilution: Without a registered trademark, your legal right to your business name, logo, or slogan is weak. If another party registers it before you OR claims prior use, you could be forced to rebrand entirely. That means new packaging, new domains, lost recognition, and damaged trust.
  • Marketplace Bans: Platforms like Amazon, Etsy, and Alibaba often require registered trademarks to participate in their brand protection programs. Without one, your listings can be taken down or hijacked by counterfeiters, and you won’t have the means to fight back.
  • Legal Vulnerabilities: Without formal protection, it's difficult (and expensive) to fight back against infringers or copycats. You may face lawsuits or be unable to stop others from profiting off your identity.

Final Word: Is Trademarking Worth the Investment?

Absolutely -- now more than ever.

Securing and maintaining a U.S. trademark might cost you between $1,000 to $2,500 per class over a 10-year span, accounting for both initial and long-term costs. Now contrast that with what’s at stake.

If your product brings in tens or hundreds of thousands in revenue, a savvy counterfeiter can legally hijack your market if you don’t have proper protection. Without a federal trademark, you lose access to critical enforcement tools, including takedown requests on platforms like Amazon and Etsy and cease-and-desist actions backed by U.S. law. In some cases, you may even be forced into a costly rebrand if someone else registers your name first.

Trademark registration isn’t just a box to check. It’s your first line of defense: a legal tool, an enforcement mechanism, and a business asset all rolled into one. The cost of a trademark is modest. The cost of not registering? Potentially catastrophic.

Need help registering or enforcing your trademark globally?
Talk to us at MarqVision -- where IP meets AI. Let’s protect what you’ve built.

FAQ

What can I trademark?

You can trademark brand elements that distinguish your goods or services, such as a name, logo, slogan, or even sound. However, generic or purely descriptive terms may be rejected by the USPTO: strong trademarks are unique, specific, and non-descriptive.

How long does the trademark registration process take?

The process typically takes 8 to 12 months for straightforward applications, but it can stretch to 18 months or more if there are office actions, objections, or extensions (especially for Intent-to-Use filings).

Should I hire a trademark attorney or file on my own?

Filing on your own is cheaper upfront, but even small errors can delay your application or result in rejection. Many businesses choose to work with attorneys or filing platforms to avoid office actions and streamline approval.

When’s the best time to file a trademark: before launch or after?

Filing early, ideally before launch, can secure your rights and help you avoid legal disputes or rebranding down the line. Even if your product isn’t live yet, an Intent-to-Use application protects your name while you prepare for market entry.

What’s the difference between a ™ and ® symbol?

The ™ symbol can be used anytime to indicate an unregistered trademark. The ® symbol is reserved for trademarks that are officially registered with the USPTO. Using ® without registration can lead to legal penalties.

Is a trademark worth the cost?

Absolutely. While a complete filing and maintenance cycle might cost $1,000–$2,500 per class over 10 years, that’s minimal compared to the financial risk of counterfeits, takedowns, or forced rebrands. Trademarking is a low-cost, high-leverage investment in brand protection.

How much does it cost to trademark internationally?

Trademark rights don’t automatically extend beyond U.S. borders. International costs vary by country, but tools like the Madrid Protocol let you apply across 120+ countries in a single filing, saving time and money.

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