Trademark Guides on TrademarkBench

How Much Does a Trademark Attorney Cost? Flat Fees, Hourly Rates, and What's Included

Mon, 01 Jan 0001 00:00:00 +0000

A trademark attorney usually charges $600 to $2,500 to take one name through a search and a federal application, before any government fees. The spread depends on how deep the search is, how many classes you file in, and whether the quote covers the problems that come up after filing. Trademark attorney cost climbs quickly if the USPTO refuses your application or someone opposes it, so check what each quote covers after the filing.

Can You Trademark a Name for Free? The Cheapest Way to File (and When It Backfires)

Mon, 01 Jan 0001 00:00:00 +0000

You cannot get a federal trademark registration for free. The lowest government fee to file with the US Patent and Trademark Office (USPTO) is $350 per class. If you are searching for how to trademark a name for free, the closest real options are the rights you get just by using the name, a low-cost state registration, or filing the federal application yourself without an attorney.

The Cheapest Ways to Protect a Name

Option	Government cost	What it protects	Main limit
Use the name in business (common law rights)	$0	Your name in the area where you actually do business	Hard to enforce, and no protection outside your market
State trademark registration	Often $50 to $100 per class	Your name inside one state	No protection in other states
Federal application you file yourself	$350 per class minimum	Your name nationwide, once registered	Mistakes can get the application refused, with no refund
Federal application filed by an attorney	$350 per class, plus attorney fees	Your name nationwide, once registered	Higher upfront cost

The USPTO charges per application and per class, so the fees are the same for a name, a logo, or a phrase.

What Does a Trademark Attorney Do? (And How They Differ From Patent Attorneys)

Mon, 01 Jan 0001 00:00:00 +0000

A trademark attorney checks whether your brand name is safe to use, files the federal application, answers the USPTO when an examiner refuses it, and handles disputes with other trademark owners. What does an intellectual property lawyer do more broadly? That depends on the branch: trademark lawyers protect names, logos, and slogans, patent lawyers protect inventions, and copyright lawyers protect creative works. Many IP lawyers handle more than one branch, but the licensing rules differ, and those rules decide who can represent you at the USPTO.

How to Choose a Trademark Attorney: 12 Questions to Ask Before You Hire

Mon, 01 Jan 0001 00:00:00 +0000

Any lawyer in good standing with the bar of one US state can file your trademark application, so the pool of candidates is large and uneven. The best trademark attorney for a small business is one who files trademark applications every month, quotes a clear flat fee for each stage, and tells you plainly when a name is too risky to file. Twelve questions on a first call will sort most candidates, and free public records will show whether the one you like is licensed and has a clean history.

How Much Does It Cost to Trademark a Name? USPTO Fees and Total Costs

Mon, 01 Jan 0001 00:00:00 +0000

The USPTO charges $350 per class to file a federal trademark application. If you file on your own in one class and pick your goods and services description from the USPTO’s ID Manual, $350 is the full answer to how much it costs to trademark a name. Surcharges, extra classes, intent-to-use filings, and attorney fees can push the total from $350 to $5,000 or more.

The Short Answer: Government Fees Plus Optional Legal Fees

You pay government fees to the USPTO whether you file alone or with help, and legal fees apply only if you hire a trademark attorney.

How to Trademark a Business Name: A Step-by-Step Guide

Mon, 01 Jan 0001 00:00:00 +0000

You trademark a business name by filing an application with the United States Patent and Trademark Office (USPTO) through its online system, Trademark Center, and paying $350 per class of goods or services. Knowing how to trademark a business name comes down to six steps: search for conflicts, pick your classes, choose a filing basis, prepare proof of use, file, and answer the examiner. The first four steps happen before you submit anything, and some mistakes made there, such as listing the wrong owner, cannot be fixed after filing.

Should You Trademark Your Business Name? When It's Worth It (and When It Isn't)

Mon, 01 Jan 0001 00:00:00 +0000

If you sell online, ship to other states, plan to expand, or are about to spend real money on signs and packaging, the answer to “should I trademark my business name” is yes, and sooner is better. If you are still testing an idea or serve one town under a name nobody else uses, registration can wait. The USPTO filing fee is $350 per class, and the protection dates back to the day you file, so every month you wait gives someone else a chance to file first.

LLC vs. Trademark: Does Forming an LLC Protect Your Business Name?

Mon, 01 Jan 0001 00:00:00 +0000

Forming an LLC puts your business name on one state’s list of registered companies, and that is all it does for the name. The state checks your name against other entities in its own records and nowhere else, so a company in another state, or one with a federal trademark, can still stop you from using it as a brand. The LLC vs. trademark question comes down to two separate jobs: the LLC is a legal structure for the business, and the trademark is your right to the brand name that customers see.

How to Trademark a Logo (and Whether to File It With Your Name)

Mon, 01 Jan 0001 00:00:00 +0000

A registered logo protects only the exact design you file, so a redesign can leave you with a registration for artwork you no longer use. Knowing how to trademark a logo starts with the drawing you file with the USPTO, because the rules for describing the design, claiming its colors, and proving you use it all follow from that image. Most small businesses get more protection per dollar by registering the name in plain text first and adding the logo once the design has settled.

How to Trademark a Phrase or Slogan (and When You Can't)

Mon, 01 Jan 0001 00:00:00 +0000

You can register a phrase or slogan with the USPTO if buyers see it as the name of your brand, the way they see JUST DO IT as Nike. The USPTO refuses phrases that read as a common message, such as a motto or a political statement, and phrases printed large across the front of a shirt. Learning how to trademark a phrase comes down to picking a phrase that can work as a brand, using it where a brand name goes, and filing an application that shows that use.

Trademark vs. Copyright vs. Patent: Which One Protects Your Business?

Mon, 01 Jan 0001 00:00:00 +0000

Your business name and logo are protected by trademark law, your website copy and photos by copyright, and a new product design or invention by a patent. In a trademark vs copyright comparison, a trademark covers the words and symbols that tell customers who sells something, and a copyright covers the creative work itself. A patent covers how a product works or how it looks.

Trademark vs. Copyright vs. Patent: Quick Comparison

	Trademark	Copyright	Patent
What it protects	Names, logos, slogans, and other signs that identify who sells goods or services	Original creative works: text, photos, art, music, video, software code	Inventions (utility patent) and the ornamental design of a product (design patent)
Business examples	Your business name, product name, logo, tagline	Your website copy, blog posts, product photos, logo artwork, course videos	A new kitchen gadget mechanism, a new chemical formula, the shape of a bottle
When rights start	When you use the mark in commerce	The moment the work is created and fixed in a tangible form	Only when the USPTO grants the patent
Who registers it	USPTO	U.S. Copyright Office	USPTO
Government filing fee	$350 per class for the base federal application	$45 to $125 per basic claim	Several USPTO fees that vary by patent type
How long it lasts	As long as you use it and file maintenance documents on time	Author’s life plus 70 years for most individual works	Utility: 20 years from filing. Design: 15 years from grant
Registration required?	No, but federal registration adds nationwide rights	No, but you must register before suing over a US work	Yes, there are no rights without a granted patent

What a Trademark Protects

A trademark is a word, phrase, design, or combination that identifies the source of your goods or services. The USPTO’s own example is Coca-Cola for soft drinks. A mark has to tell buyers that the product comes from you, and a plain word can do that as well as a clever one.

How to Do a Trademark Clearance Search Before You File

Mon, 01 Jan 0001 00:00:00 +0000

The USPTO keeps your $350-per-class filing fee even if the examiner refuses your mark, and a name that is too close to an existing registered mark is one of the most common reasons it refuses applications. A trademark clearance search is how you find that conflict first. You can run the first round yourself for free. A full search that covers state records and unregistered use takes longer, and many owners pay a trademark attorney for it.

How Long Does It Take to Get a Trademark? The USPTO Timeline Explained

Mon, 01 Jan 0001 00:00:00 +0000

A federal trademark application that runs into no problems takes about 10 months from filing to registration. That figure comes from the USPTO’s trademarks dashboard, which reported an average total pendency of 9.8 months for use-based applications in the third quarter of fiscal year 2026 (April through June 2026). A refusal, a suspension, or an opposition can add months or years, so the answer to “how long does it take to get a trademark” depends on what the examiner and other trademark owners do. If you file before you start selling, the clock also depends on when you launch.

Trademark Classes Explained: How to Pick the Right Class

Mon, 01 Jan 0001 00:00:00 +0000

Each class in your application adds a separate USPTO filing fee, and your registration protects the name only for the goods and services you list in those classes. There are 45 trademark classes, set by an international treaty called the Nice Agreement: classes 1 to 34 are goods and classes 35 to 45 are services. If you file in too few classes, part of the business goes unprotected, and each extra class you can’t support with real use is money spent for nothing.

TM vs. ®: Registered vs. Unregistered Trademarks and Common Law Rights

Mon, 01 Jan 0001 00:00:00 +0000

The rule for TM vs. R turns on one event, federal registration. You can put TM next to your brand name today, with no filing and no fee. You can use ® only after the USPTO has registered the mark, and only for the goods or services listed in that registration. Before that, your rights come from using the mark, and they reach only as far as your market.

TM vs. ®: When to Use Each Symbol

Symbol	What it means	Who can use it
TM	You claim the name, logo, or slogan as a trademark for goods	Anyone, with or without an application on file
SM	You claim it as a service mark, the term for a mark used for services	Anyone, with or without an application on file
®	The mark is registered with the USPTO	Only the owner of a federal registration, and only for the goods or services in the registration

The USPTO says you can use TM for goods or SM for services even if you haven’t filed an application. A bakery that sells packaged cookies would use TM on the box. A bookkeeping firm or a dog walker would use SM, although many service businesses use TM, and the law treats both as trademarks.

How Long Does a Trademark Last? Renewal Deadlines and Fees

Mon, 01 Jan 0001 00:00:00 +0000

A federal trademark registration can last forever, as long as you keep using the mark and file the maintenance documents the USPTO requires. The practical answer to “how long does a trademark last” is a set of deadlines: the first filing is due between the 5th and 6th year after registration, and renewals follow every 10 years. Miss a deadline and its six-month grace period, and the USPTO cancels the registration.

Trademark Infringement: What It Is and What to Do About It

Mon, 01 Jan 0001 00:00:00 +0000

Trademark infringement happens when someone uses a name, logo, or other mark on goods or services in a way that is likely to confuse buyers about who is behind them. A name that sounds like yours, looks like yours, or means the same thing can infringe when someone uses it on related goods or services. If a court finds infringement, it can order the other business to stop, hand over its profits, and pay your damages and legal costs.

Got a Trademark Cease and Desist Letter? What to Do Next

Mon, 01 Jan 0001 00:00:00 +0000

A trademark cease and desist letter can’t force you to do anything: it is a private demand, not a court order, and nobody can hold you in contempt for ignoring it. What you do in the next few weeks still shapes how the dispute ends, because the letter proves you knew about the claim from the day it arrived, and if the sender sues, a court can weigh everything you did after that date.

Trademark Office Action: How to Respond to a USPTO Refusal

Mon, 01 Jan 0001 00:00:00 +0000

You have three months from the issue date of a trademark office action to file a response. Miss that deadline and the USPTO abandons your application, keeps your filing fees, and your mark does not register. Some office actions need only a corrected goods description or a disclaimer, and others need a written legal argument against a refusal.

What a Trademark Office Action Is

A trademark office action is a letter from the USPTO examining attorney (the USPTO lawyer assigned to review your application) that lists every legal problem blocking registration. It arrives by email and appears in the USPTO’s Trademark Status and Document Retrieval (TSDR) system under your serial number.

Trademark Opposition: How It Works and How to Respond

Mon, 01 Jan 0001 00:00:00 +0000

Once the USPTO publishes a trademark application, anyone who believes the registration would harm them has 30 days to challenge it in a trademark opposition. Filing costs $600 per class, and the case runs like a small lawsuit before the Trademark Trial and Appeal Board (TTAB). If you are the applicant, the TTAB’s notice sets an answer deadline, and missing it can end your application.

What a Trademark Opposition Is

A trademark opposition is a proceeding in which one party, the opposer, asks the TTAB to refuse registration of another party’s pending application. The TTAB is an administrative tribunal inside the USPTO that decides only whether a mark can be registered; claims about the right to use a mark, infringement, and money damages go to federal court, which the guide to trademark infringement and what to do about it covers. Only applications for the Principal Register are published for opposition.