Protecting your business name is crucial when launching a new venture. After investing all that time and effort in finding the perfect name, you want to ensure it’s yours alone. Trademarking your name prevents others from using it to sell similar goods or services to your target market, protecting your brand and giving you a strong relationship with customers.
Now, I can imagine you wondering, “How much does it cost to trademark a business name?” The good news is that the actual initial application is reasonably priced.
However, expenses start to add up when you factor in hiring a trademark attorney to handle the application process. And then, you have to pay ongoing renewal fees to maintain the trademark registration over time.
While the initial inclination may be to use the DIY route to save money, hiring an attorney has long-term benefits. An attorney can help you avoid costly mistakes or issues that could arise during and long after the trademark application process has been concluded.
Let’s take a look at the costs of self-filing your trademark versus working with an attorney.
How Much Does It Cost to Trademark a Business Name
Registering a trademark starts at $250, but the total cost depends on which USPTO class you fall into and the number of trademarks you’re applying for. There are a few variables that affect the overall cost, including the application filing option you select, the number of marks you are applying for, the number of classes you want to register your trademark under, and your application filing basis.
Here’s the cost breakdown for each variable:
- The application filing option:
When filing for trademarks online via the USPTO Trademark Electronic Application System (TEAS), there are two options: TEAS Plus or TEAS Standard.
The TEAS Plus filing option has more upfront requirements when submitting your initial application. As a result, the USPTO charges a lower fee of $250 per class of goods/services being applied for.
The TEAS Standard has fewer upfront requirements and costs $350 per class of goods/services.
Note that rather than file your application online via the TEAS Plus or TEAS Standard, you could previously opt for paper filing. Paper filing used to cost $600, but as of 2020, electronic filing is now mandatory.
- The number of marks being applied for:
A maximum of one trademark is allowed per application. So, if you’re applying for three trademarks, you need to make three separate applications, each with its initial filing fee.
- The number of classes of goods/services filed for:
The USPTO has 35 different classes, and you are required to make a separate payment for each class under which you intend to register your goods/services.
For example, you want to trademark your digital marketing business under both “Advertising, marketing, and promotional services” and “Public Relations.” If you’re making a TEAS Standard application, you’ll have to pay $700 (that’s $350 x 2).
- Your application filing basis:
Your application filing basis means whether you’re already using your intended trademark in commerce or not.
For example, if you’re already using your business name for inter-state commerce within the country, you’ll select the “use-in-commerce” filing basis during the application process.
However, if you’ve yet to start using it but intend to, you’ll select the “intent-to-use” filing basis. Note that an intent-to-use filing basis may attract additional fees at different stages in the application process.
Ongoing Costs: Trademark Maintenance Fees
After your business name trademark has been approved, you must periodically file documents with the USPTO to keep your registration valid. The number and costs of documents you’re required to file on an ongoing basis depend on the number of classes in your initial application.
First off, you must file a “Declaration of Use” five years after your mark has been registered with the USPTO. It costs $225 per class registered if you pay before the grace period. If you want to file for a “Declaration of Use” together with a Declaration of Incontestability, you are to pay $425 per class if you pay before the grace period.
There’s also a “Declaration of Use and/or Excusable Nonuse” that you must file every 10 years.
The filing fee is $525 per class of goods/services registered in your initial application. Therefore, if you trademark your business name under two different classes, you’ll pay $1050 (that’s $525 x 2) in trademark renewal fees every 10 years. Failure to pay on schedule risks invalidating or canceling your trademark registration rights.
How Much Does a Trademark Attorney Cost?
Attorney fees vary depending on the city you reside in, the attorney’s experience, and the size of the firm. On average, expect to pay between $500 and $3,000 to retain an attorney to draft, file, and manage the registration process of a basic trademark. Trademark attorneys in larger firms in major cities may charge more.
While many US-based business owners hire attorneys to handle the entire trademark application process, several others go the DIY route because they see the legal fees as an avoidable expense. However, if you’re applying for a trademark from outside the US, you must engage a U.S.-licensed attorney to represent you.
Whether you’re required by law to hire an attorney or not, engaging one’s services is a smart move as it can save you mistakes and money in the long run.
Here are other benefits of hiring an attorney:
- They shield you from fraudulent solicitations.
- Attorneys can represent you at the USPTO’s Trademark Trial and Appeal Board.
- They accurately prepare your applications.
- They give critical legal advice about your trademark application.
- They can respond to legal correspondence from the USPTO on your behalf.
- Attorneys enforce and maintain your trademark rights in the legal sphere.
How Do You Trademark a Business Name?
This step-by-step guide will give you an overview of the different stages and what to expect during the business name trademarking process.
Step 1: Decide If Your Business Needs a Trademark
When you trademark your business name, you make it clear to competitors and the general public that you hold an exclusive right to use the name. If you don’t register your mark with the USPTO, you’ll have a weaker legal basis to protect your name from copycats or other businesses. When naming your business, remember to follow the appropriate state rules.
Technically, you don’t need to trademark a business name to get some intellectual property protection. If you were the first person in a geographical area and industry to use a particular name, then you have common law trademark rights to that name. However, this right is limited to the geographical area within which the business operates.
As a small business, a common law trademark might be all you need to protect your business name. However, if you plan to expand operations to other states, you need to register a federal trademark with the USPTO.
Step 2: Ensure Your Business Name Is Unique
If your business name is not distinct from existing marks in the USPTO database, your trademark application may be rejected. If your application is denied, you have 6 months to appeal the decision.
To avoid a rejection, it’s best to do a free public search with the Trademark Electronic Search System (TESS) to confirm that your business name is not similar to any existing mark.
Once you’ve determined that your name passes muster, you can proceed to the next step: Preparing for Trademark Application.
Step 3: Preparing for Trademark Application
For most registrants, this is usually the most hectic step in the trademark application process. To successfully complete the entire process, you need to be thorough and accurate in this stage.
You can download PDF application forms from the USPTO website. However, the actual filing and submission will be done online via the Trademark Electronic Application System (TEAS).
A fully completed application will typically contain the following:
- Information for Entity Filing Application: name, address, and contact information of the business or individual
- Description of Mark: a description of what you want to trademark
- Trademark Classification: the category or categories you intend to register your goods/services under
- Basis for Filing: whether the trademark you are registering is already in use in your business or not
- Filing Fee Payment: the total fee will depend on the chosen basis for filing, the number of marks, the type, and the number of categories you are filing under.
Step 4: File Your Trademark Application
Filing your application in the Trademark Electronic Application System (TEAS) is the final step. Once filed, your application will be reviewed by a government patent attorney.
If there are any issues with your application, you’ll receive a rejection letter called an “office action” explaining the reason for the refusal. You’ll typically have six months to address identified issues and resubmit your application before it expires.
Your application will then be published in an online journal to give the public a chance to oppose your registration. This period lasts for three months. If your proposed trademark is unopposed, your mark will be officially approved and added to the USPTO database as a registered trademark.
Wrapping Up
Taking appropriate steps to trademark your business name establishes a legal right to protect your name, giving you security as your business grows. While upfront costs are involved, registering a federal mark with the USPTO protects your brand identity and prevents copycats from stealing from your company in the future.
Ready to start your brand protection journey? Our trademark research services give you a powerful platform for a unique brand.
