How Much Does It Cost to Trademark a Name? (2026)

Fact-checked by the LegalGlass editorial team against primary sources · Published Aug 6, 2026 · Last updated Aug 6, 2026

The USPTO base fee to trademark a name is $350 per class of goods or services, filed electronically through the Trademark Center. Maintenance filings cost $325 per class. That $350 is the minimum government cost; a name used across two classes costs $700, later renewals add more, and any attorney fees are separate and set by each firm.

Quick Answer

Base application fee
$350 per class, electronic (Trademark Center), effective Jan 19, 2025
Two classes
$350 × 2 = $700
Section 8 declaration (years 5–6)
$325 per class
Section 9 renewal (every 10 years)
$325 per class
Late (grace-period) surcharge
+$100 per class
Attorney fees
Optional for U.S. applicants; set by each firm; separate from USPTO fees
Refundable?
No - USPTO filing fees are generally not refunded if refused

The Base Fee: $350 Per Class

The core cost of trademarking a name is the USPTO base application fee of $350 per class of goods or services, filed electronically through the Trademark Center. This figure, effective January 19, 2025, comes directly from the USPTO fee schedule. It is charged once when you file, and it is the same whether you file the name as a word mark or a design mark. Because the USPTO now requires electronic filing through the Trademark Center in almost all cases, the $350 electronic rate is the figure that applies to nearly every applicant.

The fee is per class, not per application, which is the single most important thing to understand about trademark cost. "Class" refers to one of the international classes of goods and services; your total government cost scales directly with how many classes you file in.

It also helps to know what the $350 does and does not buy. It buys the USPTO's examination of your application and, if the mark clears, federal registration and its benefits - the nationwide presumption of ownership, the right to use the ® symbol, and the ability to sue in federal court, as the USPTO describes. It does not buy a guarantee of registration: the fee is a processing fee, so if the examining attorney refuses the mark or you abandon it, the money is not returned. That single fact is why spending time on a free clearance search before you pay is the most cost-effective step in the whole process.

Why Class Count Drives the Price

Trademark pricing is multiplied by class, so the number of classes you need is the biggest cost lever you control. If your name is used only on a single category of goods, you file in one class and pay $350. If it is used on both a physical product and a service, you may need two classes and pay $700. Each additional class adds another $350 base fee at filing, and later adds another $325 to each maintenance and renewal filing.

Classes filedBase application cost
1 class$350
2 classes$700
3 classes$1,050

Choosing classes accurately matters twice: too few and your rights won't cover what you sell; too many and you pay for coverage you don't need. Use the USPTO Trademark ID Manual to select standard descriptions and confirm the classes that actually apply. For the filing walkthrough, see how to trademark a name.

A common cost mistake is over-filing "just to be safe." Because each class adds $350 at filing and $325 at every renewal, padding an application with classes you do not actually use is money spent on coverage you cannot enforce - trademark rights attach only to the goods or services you genuinely offer. The cost-efficient approach is to file in the classes that match your real products and services now, and add classes later only if your offerings expand.

Full USPTO Fee Schedule for a Name

Beyond the base fee, the USPTO charges separate fees to keep a registration alive and surcharges in certain situations. All figures below are per class, from the USPTO fee schedule effective January 19, 2025.

FeeAmount (per class)When
Base application (electronic)$350At filing
Section 8 declaration of continued use$325Between years 5 and 6
Section 9 renewal$325Years 9–10, then every 10 years
Section 8 or 9 grace-period surcharge+$100If filed late
Insufficient-information surcharge+$100If the application lacks required detail
Free-form goods/services text surcharge+$200If you don't use the ID Manual

The two maintenance deadlines come from statute: the Section 8 declaration under 15 U.S.C. § 1058 and the Section 9 renewal under 15 U.S.C. § 1059. Avoiding the free-form surcharge is easy - pick your goods and services from the Trademark ID Manual.

What a Trademark Costs Over Its Lifetime

Because a trademark can last indefinitely, its true cost is spread across decades of maintenance, not just the filing fee. For a single-class registration kept continuously alive, the government cost is the $350 base fee, then $325 for the Section 8 declaration between years five and six, then $325 for each Section 9 renewal every ten years. There is no annual fee and nothing due between those windows. A registrant who misses a deadline pays the $100 grace-period surcharge; one who misses it entirely loses the registration and must start over at $350, forfeiting the original filing date.

This structure rewards calendaring. The USPTO cancels registrations that are not maintained, so the cheapest way to own a name long-term is to file every required document on time.

Total Cost Scenarios

Because the fee is per class, the total cost to trademark a name depends almost entirely on how many classes you file and whether you maintain the registration. The scenarios below use only the published USPTO fees from the fee schedule and assume timely filings, so they exclude any optional attorney costs.

ScenarioAt filingThrough first 10 years
One class, filed and maintained$350$350 + $325 (Section 8) + $325 (Section 9) = $1,000
Two classes, filed and maintained$700$700 + $650 + $650 = $2,000
One class, late maintenance (grace period)$350$1,000 + $100 grace surcharge = $1,100

The pattern is straightforward: doubling the classes doubles every fee, and missing a deadline adds the $100-per-class grace surcharge. These figures are the government cost only. They do not include a professional clearance search, the cost of responding to an office action if you hire help, or any private attorney fee - all of which vary by provider and are described below.

Attorney and Optional Costs

Attorney fees are the largest variable and are not set by the USPTO. U.S.-domiciled applicants are not required to hire an attorney, though the USPTO recommends one; applicants whose domicile is outside the United States must be represented by a U.S.-licensed attorney. Because each firm sets its own rates and structures fees differently - flat fee, hourly, or per-class - there is no single reliable figure to quote, so confirm the price directly with any attorney you consider. A professional clearance search is another optional cost some applicants add before filing. None of these private costs are part of the USPTO fee.

Two other costs are worth budgeting for even if you file on your own. First, if the examining attorney issues an office action, preparing a strong response can take significant time, and some applicants pay an attorney to draft it. Second, protecting the same name abroad is a separate expense: international registration through the Madrid Protocol, or filing directly in other countries, carries its own fees set by each destination office, so those costs cannot be reduced to a single US figure. For domestic protection alone, the $350-per-class USPTO fee remains the core number.

State trademark registration is a further option with its own, separate fee schedule that varies by state. A state registration only protects the name within that one state and is not a substitute for federal registration; because each state sets its own fee, confirm the amount with the relevant state office rather than assuming a national figure.

How to Keep the Cost Down

Cost in Context: Trademark vs. Copyright vs. Patent

The $350-per-class trademark fee sits between the other two forms of intellectual property in cost. Copyright registration is cheaper - $45 to $65 - and the underlying copyright is free on creation. A patent is far more expensive, involving multiple USPTO fees plus maintenance fees and usually professional drafting. If you are weighing which protection you actually need before spending anything, compare trademark vs. copyright and patent vs. trademark.

Put in perspective, the trademark fee is modest relative to what it protects. A distinctive brand name can become one of a business's most valuable assets, and unlike a copyright - which is free and automatic on creation - or a patent - which is examined for novelty and can run to several thousand dollars in combined USPTO and drafting costs - a trademark sits in a middle band: a defined, per-class government fee with predictable maintenance costs and no surprise annual charges. That predictability is part of why registering a name is a manageable expense to plan around rather than an open-ended one.

Frequently Asked Questions

How much does it cost to trademark a name in 2026?

The USPTO base fee is $350 per class of goods or services filed electronically through the Trademark Center, effective January 19, 2025. A name in two classes costs $700, and attorney fees are separate.

Is the $350 trademark fee a one-time cost?

The $350 per-class fee is paid once at filing, but a Section 8 declaration between years five and six and a Section 9 renewal every 10 years - each $325 per class - are needed to keep the registration alive.

Does it cost more to trademark a name in multiple classes?

Yes. The $350 base fee applies per class. A name used across two classes costs $700, and the same per-class multiplier applies to maintenance fees.

Do I have to pay a lawyer to trademark a name?

Not if you are U.S.-domiciled, though the USPTO recommends one. Foreign-domiciled applicants must use a U.S.-licensed attorney. Attorney fees are separate from USPTO fees and vary by firm.

Is trademark registration refundable if the USPTO refuses my application?

No. The USPTO filing fee is a processing fee, generally not refunded if your application is refused or abandoned - another reason to run a clearance search first.

Are there extra USPTO fees beyond the base $350?

Sometimes. The USPTO adds $100–$200 per class for insufficient information or free-form descriptions, and $100 per class for late maintenance filings. Using the ID Manual avoids the free-form surcharge.

Sources

  1. USPTO - USPTO fee schedule ($350 base per class; $325 Section 8/9; +$100 grace; +$100/$200 surcharges; effective Jan 19, 2025).
  2. USPTO - Apply for a trademark (electronic Trademark Center filing; attorney recommended; foreign applicants require U.S. counsel).
  3. USPTO - Trademark process (maintenance filings required; cancellation for failure to maintain).
  4. USPTO - Search trademarks (free clearance search before filing).
  5. USPTO - What is a trademark? (rights tied to specific goods/services and classes).
  6. Cornell LII - 15 U.S.C. § 1058 (Section 8 declaration of continued use).
  7. Cornell LII - 15 U.S.C. § 1059 (Section 9 renewal in 10-year terms).
  8. Cornell LII - 15 U.S.C. § 1051 (application requirements; use vs. intent-to-use).
  9. Cornell LII - 15 U.S.C. § 1127 (statutory definition of a trademark).
  10. U.S. Copyright Office - Fees (copyright registration $45–$65, for cost comparison).
  11. USPTO - Patent basics (patent fees and maintenance, for cost comparison).
  12. USPTO - Why register your trademark (benefits obtained for the fee).

LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney. This page is information, not advice. Trademark fees change; verify current amounts on the USPTO fee schedule before acting.