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.
Common Law Rights You Get Without Filing
You get some trademark rights, called common law rights, the day you start selling under a name, because they come from use in commerce rather than registration.
Common law rights cover only the geographic area where customers know your business. If a company in another state starts using the same name first there, you may not be able to stop it. You also cannot use the ® symbol, and you have to prove your use and your reputation in court if there is a dispute. The article on TM vs. ® and common law rights explains what these rights cover.
For a business that sells only in one town and has no plans to grow, common law rights may be enough for now.
State Registration as a Low-Cost Option
Most states let you register a trademark with the Secretary of State or a similar office. The fees are low: Florida charges $87.50 per class, and Texas charges $50 per class. State examination is usually faster and simpler than federal examination.
A state registration protects your name only inside that state, and most states require that you already use the name there before you apply. It gives you a public record of your claim and makes enforcement easier inside the state.
Filing Yourself on the USPTO Website
You do not need a lawyer to file a federal trademark application if you live in the United States or your business is based here. You can create a USPTO account, verify your identity, and file through the USPTO’s online system. Applicants based outside the United States must use a US-licensed attorney.
The $350 minimum assumes you pick your goods or services from the USPTO’s ID Manual, a list of pre-approved descriptions, and that your application has all the required information. The USPTO adds $200 per class if you type your own description instead, and $100 per class if required information is missing.
The cheapest way to trademark a name, then, is a single-class application that uses an ID Manual description, is complete when you file it, and needs no corrections. The step-by-step process is in the guide to how to trademark a business name, and the full fee list is in how much it costs to trademark a name.
Where DIY Filings Go Wrong
USPTO fees are not refunded if your application is refused, so a DIY filing saves money only when it succeeds on the first try. These are the mistakes that most often end a self-filed application:
Skipping the Clearance Search
An exact-match search on the USPTO database misses similar spellings, similar sounds, and unregistered businesses using the name. If an examiner finds a confusingly similar mark, the application can be refused. The guide to running a trademark clearance search shows what a full search checks.
Choosing a Descriptive Name
A name that describes what you sell, such as “Fresh Bagels” for a bagel shop, is usually refused. Examiners call this a “merely descriptive” refusal.
Picking the Wrong Class or Description
A description that is too broad or too narrow can lead to a refusal, a surcharge, or a registration that does not cover what you actually sell.
Filing in the Wrong Owner’s Name
The owner has to be the person or company that controls how the name is used. If your LLC runs the business but you file in your personal name, the application can be void.
Submitting a Weak Specimen
A specimen is proof that you use the name in commerce, such as a product label or a web page with a way to buy. Mockups, invoices, and business cards are often rejected.
Missing a Deadline
You have three months to respond to an office action, with one three-month extension available for a fee. Miss the deadline and the application is abandoned. The article on trademark office actions explains the common refusals and what a response involves.
When Paying an Attorney Costs Less in the End
Filing yourself makes sense when the name is distinctive, a careful search finds nothing close, you need only one class, and you are comfortable reading USPTO letters and meeting deadlines.
An attorney can cost less overall in these situations:
- Your name is similar to other names in your industry, and a refusal is likely
- You need two or more classes, or your goods and services do not fit an ID Manual description
- You plan to spend real money on packaging, signage, or advertising under the name
- You received an office action and do not know if the refusal can be overcome
- Someone has sent you a letter claiming rights in a similar name
A refused application means you pay the government fee again for a new name, plus the cost of rebranding anything you already printed or built. An attorney’s search and filing fee is often smaller than that loss. The article on what a trademark attorney costs lists typical fees for each stage, so you can compare the two paths with real numbers.