The U.S. government trademark filing fee ranges from $250 to $400 per class of goods or services as of 2026, and you must pay this fee when you submit your application through the U.S. Patent and Trademark Office (USPTO).
Is there an annual fee for trademarks?
No, there is no annual fee for trademarks; instead, you pay a one-time government filing fee at the time of application and then renewal fees every 10 years.
Once your trademark registers, the USPTO doesn’t ask for payments between years five and six for a Section 8 Declaration of Use, or every decade for renewal via a combined Section 8 and Section 9 filing. You only pay when you need to prove ongoing use or extend protection. Miss the renewal window? You’ve got a six-month grace period, but it comes with a higher fee. Keep an eye on your USPTO Trademark Status and Maintenance Filings calendar—lapses sneak up fast.
How much does it cost to trademark a name and logo?
Filing a combined trademark for a name and logo costs $350 per class at the USPTO as of 2026, plus legal fees that typically run $500 to $2,000 depending on complexity.
A basic application for one class using the "TEAS Standard" form runs $350. Each extra class tacks on another $350 for broader protection. Legal costs swing wildly: a solo entrepreneur might pay $800, while a big company with a lawyer could drop $3,000 or more for deep searches and responses to USPTO “Office Actions.” Budget for both filing fees and legal support—it adds up faster than you think.
What is the cheapest way to trademark?
The cheapest way to trademark is to file at the state level, which typically costs between $50 and $150 per class as of 2026.
State registration only shields your mark within that state’s borders, not nationwide. Perfect for small businesses sticking close to home. California charges $70 per class, New York just $50. Just remember: another business in Texas can use your mark without breaking a sweat. If you’re eyeing expansion, federal registration is worth the extra cash for real protection.
How long does trademark last?
A trademark can last indefinitely in the U.S. if you file required maintenance documents, but it must be renewed every 10 years.
Between years five and six, file a Section 8 Declaration of Use to prove your mark’s still in active commerce. Then, every decade, submit both a Section 8 Declaration and a Section 9 Renewal Application—$525 per class as of 2026. Miss the deadline? Your registration could get canceled. Trademarks are forever, as long as you keep using them and file on time.
Do I have to trademark my logo?
You don’t have to trademark your logo, but it is strongly recommended if it is central to your brand identity.
Without registration, your logo’s protected only under common law—good luck stopping copycats across state lines. Registering with the USPTO gives you nationwide power and legal muscle to enforce your rights. Many businesses file separate applications for their name, logo, and tagline to cover all bases. If your logo’s how customers recognize you, trademarking it makes sense.
What is the difference between copyright and trademark?
Copyright protects original creative works like books, music, and art, while a trademark protects brand identifiers like names, logos, and slogans used in commerce.
Copyright kicks in automatically when you create something and lasts for the author’s life plus 70 years. A trademark? It needs business use and registration for full protection. Think of it this way: your song’s protected by copyright, but the artist’s name on merch? That’s trademark territory if registered. Use copyright for creative content, trademark for branding and commercial identity.
How much does a trademark renewal cost?
A trademark renewal costs $525 per class as of 2026, for the combined Section 8 and Section 9 filing due every 10 years.
File these documents between years nine and ten, then every decade after. Miss the deadline? You’ve got six months to file late, but it’ll cost $875 per class. The renewal fee covers proof of continued use and an extension of your trademark protection. Set a calendar reminder—late fees sting.
How do I get a free trademark?
You cannot register a trademark for free at the federal or state level, but you can establish a common law trademark for free by using your name or logo in business.
Common law rights pop up automatically when you use a mark in commerce, but they’re limited to your local area and tough to enforce in court. For nationwide protection, you’ve got to file with the USPTO or your state—and that means paying fees. Free protections exist, but they won’t cut it for serious business growth.
How hard is it to get a trademark?
It’s straightforward to apply online in under 90 minutes, but getting approved depends on your mark’s uniqueness and compliance with USPTO rules.
The USPTO’s TEAS system walks you through it step by step. Still, about 20% of applications get an “Office Action” asking for changes or clarifications. Common rejections? Marks that are too generic, merely descriptive, or likely to confuse customers. A thorough trademark search before filing boosts your odds. For tricky marks, attorneys can save headaches—even if they cost more upfront.
Can I file a trademark myself?
Yes, you can file a trademark yourself if you are a U.S. citizen or a company based in the United States.
The USPTO’s all for self-filing through its TEAS portal. No lawyer needed to submit applications, pay fees, or handle basic office actions. That said, if your mark’s unusual or your industry’s cutthroat, a trademark attorney can help dodge costly mistakes. Check the USPTO Trademark Basics page before diving in—it’s a lifesaver.
What are the 3 types of trademarks?
The three main types of trademarks are fanciful/arbitrary, suggestive, and descriptive; generic marks cannot be trademarked.
Fanciful marks use made-up words like “Kodak” or “Exxon.” Arbitrary marks use real words in unrelated ways, like “Apple” for computers. Suggestive marks hint at the product without spelling it out, like “Coppertone” for sunscreen. Descriptive marks name a feature directly, like “Creamy” for yogurt, and need extra proof to register. Generic terms, like “Soap” for soap, can’t be trademarked at all.
How do I protect my trademark?
You protect your trademark by registering it, monitoring its use, and enforcing your rights actively.
Start with USPTO registration for nationwide protection. Then keep tabs on the market and online platforms for unauthorized use. Tools like Google Alerts and third-party monitoring services help track similar marks. Register your trademark on Amazon Brand Registry and social media handles to block infringing listings. Find misuse? Send a cease-and-desist letter or take legal action. Vigilance keeps your mark strong for the long haul.
Can I trademark my stage name?
Yes, you can trademark a stage name if you use it to promote or sell products or services.
For example, if “DJ NightStar” appears on merch, tour posters, or streaming platforms, you can file for trademark protection. The key? Commercial use—posting a name on social media without selling anything won’t cut it. Registering your stage name blocks others in your industry from using it and solidifies your brand. Pick the right classes, like entertainment services or apparel, to cover your bases.
Which is better copyright or trademark?
Copyright is better for protecting creative works, while trademark is better for protecting brand identity and commercial identifiers.
Use copyright for songs, scripts, artwork, or software code. Use trademark for business names, logos, slogans, or product names. A musician’s album is protected by copyright, but the artist’s name on merch? That’s trademark territory if registered. Pick the right tool for the job—creativity vs. commerce.
Who does a trademark protect?
A trademark protects your brand identity and prevents others from using similar marks in your industry and geographic market.
Trademark protection helps customers identify your goods or services clearly. It gives you legal firepower to stop copycats using confusingly similar names or logos. Imagine you sell “Urban Brew Coffee”—your trademark can block another coffee shop from using “Urban Brew” in your area. Registration cranks that protection up to nationwide. Use your trademark consistently to keep those rights ironclad.
Can I use a trademark before registration?
Yes, you can use a trademark before registration, but common law rights are limited to your geographic area.
Using your mark in commerce establishes some rights, but these are weaker than federal registration. For stronger protection, filing with the USPTO is recommended. Without registration, you may struggle to enforce your rights outside your local market or against nationwide infringers. Consider federal registration for broader security.
