By offering a comprehensive trademark application strategy, our intellectual property lawyers help businesses and innovators avoid unforeseen expenses and legal disputes resulting from unprotected brand assets and potential infringement by others. Discover the cost to trademark a company name, including filing fees and legal expenses, to budget effectively for brand protection.
Cost to Trademark a Company Name
Getting a company name trademark may cost between $325 and $575 per trademark class, plus potential legal fees. The primary expense is the filing fee for the application with the United States Patent and Trademark Office (USPTO). The final cost depends on the type of application and whether you utilize legal assistance throughout the registration process.
Trademarking your company name protects your brand and makes it a lot tougher for others to copy what you’ve built. The process and costs for trademarking depend on your business goals, what you offer, and how far you want to secure your trademark rights.
Costs for a Company Name Trademark Application
Applying for a trademark on a company name comes with certain requirements. You need to account for costs associated with researching names, hiring attorneys, filing government forms, and then paying regular maintenance fees to keep the trademark active.
1. Trademark Search and Attorney Fees
A thorough trademark search assesses the availability and registrability of a company name, minimizing the risk of rejection or future litigation. Fees may differ depending on the legal firm, and the rates can increase depending on the application’s complexity.
- Comprehensive search: Conducted by attorneys or specialized services to identify existing trademarks that could conflict with your proposed name.
- Attorney consultation: Initial consultations to discuss the trademark process, assess eligibility, and provide strategic advice.
- Application preparation: Legal fees for drafting and preparing the trademark application, including identifying proper goods and services classifications.
2. USPTO Base Filing Fees
These are the fundamental fees paid to the United States Patent and Trademark Office (USPTO) to initiate the trademark application process. These fees cover the administrative costs associated with reviewing and processing your application.
- Application fee: The primary fee for submitting a new trademark application, which is typically charged per class of goods or services.
- Per class basis: Fees are assessed for each international class of goods and/or services identified in your application.
| Form | Fee |
| Five-year declaration, per class (Section 8 or Section 71 declaration of use) | $325 |
| Five-year declaration grace period fee, per class | $100 |
| Five-year declaration, per class combined with a declaration of incontestability (combined Section 8 or Section 71 and Section 15 declaration) | $575 |
3. Additional Fees for Section 1 and Section 44 Applications
These additional fees apply to specific types of trademark applications, such as those based on intent-to-use or foreign registrations. Section 1 refers to applications based on actual use in commerce, and Section 44 pertains to applications based on foreign registration.
| Aspect | Fee |
| Insufficient information, per class | $100 |
| Using the free-form text box instead of the Trademark ID Manual within the electronic application to identify goods and services, per class | $200 |
| Each additional group of 1,000 characters in the free-form text box beyond the first 1,000, per affected class | $200 |
4. Registration and Maintenance Filing Fees
After registering a trademark for your company, you still need to pay periodic fees to maintain its active status and enforce its rights. These fees guarantee the continued validity of your trademark protection over time.
| Form | Fees |
| 10-year renewal, per class combined with a five-year declaration, per class (combined Section 8 or Section 71 and Section 9 declaration) | $650 |
| 10-year renewal grace period fee, per class | $100 |
| Declaration of incontestability, per class (Section 15 declaration) | $250 |
Tips for Managing the Costs of Getting a Business Name Trademark
Effectively managing the costs associated with trademarking a business name can help you protect intellectual property without incurring unnecessary expenses.
- Strategize international trademark registration: Consult with trademark lawyers to select priority countries. While the Madrid Protocol streamlines costs for international protection, each country will still evaluate the application based on its national laws and requirements.
- Respond to Office Actions: Work closely with IP lawyers for prompt, comprehensive responses. Our legal firm can craft clear, concise replies to minimize protracted office actions and associated legal fees.
- Optimize methods of payment: Discuss payment structures with trademark lawyers, as some may offer fixed fees or retainers. Process online filings through your lawyer to reduce direct processing charges.
- Minimize refunds and processing fees: Consult with experienced trademark lawyers to prevent application errors, as most filing fees are non-refundable.
Sample Computation: Total Cost Estimates of the Trademark Process for Company Names
Trademark costs jump around, depending on how you file and how many product or service classes you pick. Expect higher fees if you file under more than two classes or need help responding to official USPTO actions.
Here’s a table with a few typical scenarios and a breakdown of what you might pay. The numbers cover government filing fees and, if you want, attorney services.
| Scenario | Filing Fee (per class) | Attorney Fee | Estimated Total |
| DIY Single Class | $350–$575 | $0 | $350–$575 |
| DIY Multi-Class (2 classes) | $350–$575 | $0 | $700–$1,150 |
| Attorney-Assisted Single Class | $350–$575 | $1,000–$2,000 | $1,350–$2,575 |
| Attorney-Assisted Multi-Class (2 classes) | $350–$575 | $1,000–$2,000 | $1,700–$3,150 |
Related Questions
Why Should I Trademark a Business Name?
Trademarking a business name provides exclusive legal rights to use that name for your goods or services, preventing others from using similar marks that could confuse consumers. This legal protection safeguards your brand’s reputation, offering a strong foundation for business growth and market recognition.
How Do I Trademark My Business Name in the U.S.A.?
To trademark your business name in the U.S.A., you typically begin by conducting a comprehensive trademark search to check its availability and registrability. Subsequently, you file an application with the USPTO, often with the expert guidance of a trademark attorney to guarantee proper classification and adherence to legal requirements.
What Are the Factors That Influence Trademarking Costs?
Several factors influence trademarking costs, including the number of goods and services classes you wish to cover and the complexity of your application. Letting a trademark attorney manage the application process can add to the initial expense, although this often saves money in the long run by avoiding costly errors.
Conclusion
With proper financial planning and professional guidance, you can secure intellectual property rights for your goods or services while avoiding costly mistakes that could jeopardize your brand’s future. Our qualified trademark attorneys can streamline the registration process, minimize unexpected costs, and provide the strategic protection you deserve.
