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.
Typical Trademark Attorney Fees by Service
Most trademark attorneys price each stage of the process separately. The ranges below come from flat-fee schedules that US trademark firms publish on their websites and cover legal fees; USPTO fees are extra.
| Service | Typical attorney fee | What you get |
|---|---|---|
| Knockout search | $300 to $650 | A quick check of federal records for identical or near-identical marks |
| Comprehensive search and written opinion | $1,250 to $1,750 | A search of federal, state, and unregistered use, plus the attorney’s opinion on risk |
| Application preparation and filing, one class | $600 to $1,000 | Choosing the classes, writing the goods and services description, and filing |
| Search plus filing package | $1,500 to $2,500 | A clearance search, an opinion, and the application in one price |
| Nonsubstantive office action response | Often included, or $350 to $500 | Fixing formal issues such as the goods description or a disclaimer |
| Substantive office action response | $850 to $2,800 or more | A written legal argument against a refusal, such as likelihood of confusion |
| Statement of Use | About $500 per class | Proof of use for an intent-to-use application |
| Renewal filing | About $600 per class | The Section 8 and Section 9 filings that keep a registration alive |
Disputes such as oppositions at the Trademark Trial and Appeal Board and infringement lawsuits are usually billed by the hour and can run to tens of thousands of dollars.
Flat Fee vs. Hourly Billing
Flat fees are the norm for filing work: in the American Intellectual Property Law Association’s 2023 economic survey, more than 70% of practitioners said they charge a fixed fee for initial trademark applications.
A flat fee works well for a small business because you know the cost of each stage before it starts. Hourly billing makes more sense for work with an unknown scope, such as negotiating with a company that sent you a cease and desist letter or fighting an opposition. If an attorney quotes hourly for a standard application, ask for an estimate in writing and a cap.
What a Flat-Fee Filing Package Usually Includes
A typical package covers one mark in one class. It includes a conversation about your business, the choice of class, the goods and services description, the filing, and reports on the application’s status until it registers. Many packages also include responses to nonsubstantive office actions, which are letters from the USPTO examiner that ask for corrections instead of refusing the mark.
Most packages leave out:
- Substantive office action responses, which need legal argument
- Additional classes, each billed as a separate application fee
- The Statement of Use and any extension requests for intent-to-use applications
- Oppositions, cancellations, and letters to or from other trademark owners
- Renewal filings after registration
Two packages at the same price can differ a lot: one may include a comprehensive search and substantive responses, and the other may cover only the filing.
What Drives the Price Up
Number of Classes
Attorneys usually charge per class, and so does the USPTO. A brand that sells clothing and runs a podcast may need two classes, which roughly doubles the filing cost.
A Crowded Field
If your name is close to other registered marks, the attorney spends more time on the search opinion and the risk of a refusal goes up.
Custom Goods and Services Descriptions
The USPTO adds a surcharge when you write your own description instead of choosing one from its ID Manual. Some attorneys also charge more to draft one.
Logos and Design Marks
A logo application needs a written description of the design and sometimes a color claim, which adds drafting time.
Refusals
One substantive office action can cost more than the original filing. The article on how to respond to a trademark office action covers the common refusal types.
Attorney Fees vs. USPTO Government Fees
The USPTO charges its own fees in addition to anything you pay an attorney. The base federal application fee is $350 per class. The USPTO adds $100 per class if the application is missing required information and $200 per class if you use a free-form description instead of the ID Manual. Later filings, such as the Statement of Use and renewals, have their own fees.
The full list of government fees, with sample budgets, is in the guide to how much it costs to trademark a name.
Are Low-Cost and Online Trademark Attorneys a Good Choice?
Low-cost and online trademark attorneys can do good work. A trademark attorney needs a license in only one US state to represent you at the USPTO, so a solo attorney in another state can handle your filing as well as a large firm near you. Solo attorneys and small firms often charge less because they have lower overhead.
A $300 filing with no search and no office action support can cost more in the end if the application is refused and you have to start over with a new name. Confirm that the person handling your file is a licensed attorney, not a filing service or a nonlawyer assistant. The guide on how to choose a trademark attorney lists the questions to ask.
If your budget is very tight, the article on whether you can trademark a name for free compares filing yourself with hiring an attorney.
How to Compare Quotes From Different Firms
Get at least two quotes and put them side by side. Ask each attorney the same questions:
- Does the fee include a clearance search? Is it a knockout search or a comprehensive search with a written opinion?
- How many classes does the fee cover?
- Are USPTO fees included, or billed separately?
- Which office action responses are included, and what does a substantive response cost?
- For an intent-to-use application, what do the Statement of Use and extensions cost?
- Who will do the work: the attorney, an associate, or a paralegal?
- Is there a separate charge for monitoring the application until it registers?
Also ask what the registration will cost to maintain. The first renewal filing is due between the fifth and sixth year after registration. The article on how long a trademark lasts explains the deadlines.
When a Free Consultation Is Worth Taking
Many trademark attorneys offer a short free first call. Use it to describe your name, what you sell, and where you sell it, then ask for a scope and a price. A good attorney will tell you on that call if the name looks risky, if you need more than one class, or if a state registration may be enough for now.
A free call rarely includes a search or a formal opinion. If the attorney gives you a firm answer on availability without running a search, treat it as a guess.
When you are ready to get quotes, you can compare trademark attorneys in the directory by location and services.