How much does a lawyer charge to file a trademark?
Asked by: Chandler Thompson | Last update: June 26, 2026Score: 4.5/5 (41 votes)
A trademark lawyer typically charges between $500 and $2,000+ in professional fees to handle a federal trademark application, excluding USPTO government filing fees. When including the USPTO fees (usually $250–$350 per class), the total cost often ranges from $1,000 to $2,500+ per mark, depending on complexity, search depth, and firm experience.
How much do trademark attorneys charge?
Professional Service Fees
Initial consultations with trademark attorneys typically range from $150 to $400, though some offer free preliminary discussions. For standard trademark applications without complications, attorney fees generally fall between $600 and $1,500 per class of goods or services.
Is it worth getting a trademark attorney?
The USPTO advises "an attorney can let you know if your trademark should be available for your use and registration and decrease the possibility of you having costly legal problems by conducting a comprehensive clearance search..." Read more about why the USPTO recommends using a trademark attorney for trademark ...
What names cannot be trademarked?
Non-trademarked names, or generic terms, are words that define a product or service category rather than a specific brand. Examples include "computer," "pizza," "coffee," or "bank". Unlike brand names, these cannot be exclusively owned because they are essential for public communication and competition.
What is the average cost for a trademark?
Official USPTO Trademark Registration Costs (U.S.)
The USPTO states the base application filing fee is $350 per class for a Section 1 or Section 44 application if the application meets the requirements. Quick examples: 1 class cost $350. 2 classes cost $700.
Trademark costs explained
Do I need a lawyer to submit a trademark?
If you live in the United States or its territories, you aren't required to have an attorney. However, we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you through the application process. See more information about hiring an attorney.
What are common trademark mistakes?
Failure to Consider Potential Scope of Use
A company often fails to consider the scope of use of the mark. The initial plan may be to use a proposed mark in connection with only one or a few products. But as the brand develops there may be a desire to expand the use to related or even unrelated products and services.
What are the 4 types of trademarks?
Trademarks are categorized by their strength and eligibility for protection, ranging from weakest to strongest: generic (no protection), descriptive (limited protection), suggestive (strong protection), and arbitrary or fanciful (strongest protection). These categories dictate how easily a mark can be registered with the USPTO.
What is the rule 37 for trademark?
- An applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his application or any amendment of his application: ...
What are the disadvantages of a trademark?
This article will take you through 5 disadvantages of trade marks.
- Trade Mark Classes Cannot Be Altered. One key difficulty with trade marks is that you cannot alter trade mark classes. ...
- Difficulty with Litigation. ...
- Renewals. ...
- Protection Limitations. ...
- Risk of Being Genericised.
Can you get sued for using a trademarked name?
Suing for Trademark Infringement
If a person who owns a trademark thinks that someone else is using it without permission or authorization, they can take legal action by filing a lawsuit. Depending on the specific circumstances of the case, the lawsuit may be filed in either state or federal court.
What are the top 10 illegal names?
While U.S. naming laws are generally permissive, courts have rejected several names based on obscenity, symbols, or official titles. Frequently cited examples of prohibited names include Jesus Christ, Santa Claus, Adolf Hitler, Messiah, King, Queen, Majesty, @, 1069, III, and Nutella.
What are the three things not protected by copyright?
According to the U.S. Copyright Office and general intellectual property law, the three primary categories of items not protected by copyright are ideas (including methods and systems), factual information, and titles/short phrases. These are ineligible because they lack original authorship or are considered common property.
What is the cheapest way to get a trademark?
The cheapest way to trademark a name is to file directly through the USPTO’s Trademark Electronic Application System (TEAS) yourself—known as "pro se" filing—using the TEAS Plus option, which costs $250 per class of goods or services. This method eliminates attorney fees and intermediary service costs, but requires you to select from pre-approved identifications of goods/services.
What happens if my trademark is denied?
A couple of options include (1) attempting to negotiate co-existence with the owner of the conflicting mark if it makes sense to do so; (2) submitting a request for reconsideration; (3) filing an appeal of the decision; and/or (4) selecting a new mark and submitting a new application.
Can I trademark a name myself?
Yes, you can trademark your name, but it is not automatic. To register a personal name as a trademark with the USPTO, you must prove it has acquired "secondary meaning," meaning consumers associate the name with your specific goods or services, rather than just as a person's name. It must be used in commerce, be distinctive, and not cause confusion with existing marks.