What's the cheapest way to register a trademark?
Asked by: Dr. D'angelo Morar DDS | Last update: March 8, 2026Score: 4.5/5 (54 votes)
The cheapest way to register a trademark is to file yourself online with the USPTO using the lower-cost TEAS Plus application ($225-$250 per class), which requires strict adherence to pre-approved categories but avoids attorney fees. Be aware that "do-it-yourself" (DIY) filing means handling all communication with the examiner, and extra fees apply for things like intent-to-use filings or responding to office actions, potentially increasing costs significantly beyond the basic filing fee.
What is the cheapest way to register a trademark?
The cheapest way to register a trademark in the United States is to do it yourself using the US Patent and Trademark Office's (USPTO) online filing system. This process is known as “pro se” filing.
Can I register a trademark for free?
There is no way to register a name trademark for free because you will always have to pay at least a small fee that covers the costs of examining and processing your trademark application. There is no way to get a federal trademark for free.
How much does it cost to do a registered trademark?
The USPTO handles trademark applications. Depending upon your needs, the filing fees range from $225-$400. You can find a schedule of trademark application fees on the USPTO website. But typically, we tell our clients to expect to pay $350 per application class.
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
How to Trademark The Easy Cheap away
What names cannot be trademarked?
You can't trademark names that are generic (like "Coffee" for coffee), merely descriptive (like "Fast Shipping" for delivery), misleading, or that use official government symbols or names; surnames are difficult unless widely recognized, and offensive terms are generally prohibited, all to keep common language and essential product descriptors open for public use.
Is it better to copyright or trademark a name?
You should trademark your business name, slogan, or logo to protect your brand identity and prevent customer confusion, as copyrights don't protect short phrases or brand elements, only original creative works like books or music; trademarking offers potentially indefinite protection for your brand, unlike copyright, which eventually expires. For logos, you often need both: trademarking protects the brand use, while copyright protects the artistic expression, so you might need a separate copyright for the logo's design itself.
What are the 7 types of trademarks?
There isn't one definitive list of exactly seven types, but common categories focus on the nature of the mark (Word, Logo/Device, Shape, Color, Sound, Scent, Motion/Pattern) and the strength/function (Fanciful, Arbitrary, Suggestive, Descriptive, Generic, Service, Certification, Collective). Key types include Word Marks, Device Marks, Service Marks, Certification Marks, Sound Marks, Shape Marks, and Color Marks, often grouped under broader categories like "Unconventional" or "Non-Traditional" trademarks.
Can I trade without a business name?
Key points:
If you conduct business under a name other than your own, you must register a business name.
Do I need a lawyer to trademark a name?
No, a U.S.-based applicant isn't legally required to use an attorney to file a trademark, but it's strongly recommended because the process is complex, and mistakes can lead to rejection or weak protection. An attorney handles crucial tasks like trademark clearance searches, class selection, responding to Office Actions, and ensuring proper legal arguments, significantly increasing the chances of approval and providing better overall protection, though foreign applicants must use a U.S.-licensed lawyer.
What are common trademark mistakes?
Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.
How long does a trademark last?
Trademarks do not have expiration dates.
A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).
What is a poor man's trademark?
A poor man's trademark, in simple terms, is when a person mails to themselves in an envelope their underlying artwork or name they wish to trademark to themselves using the United States Postal Service.
Can I trademark a logo myself?
You can file a trademark application yourself through the government's website, and it's the cheapest option at $350.
How quickly can I get a trademark?
Generally, it can take anywhere between one and two months to get your trademark application reviewed and finalized. Processing times can vary depending on the details of the request and how busy the trademark office is at the time.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
What are the three requirements for trademarks?
A good trademark needs to be distinctive (unique enough to identify your brand), non-functional (not describing a useful part of the product), and used in commerce (actually being used in connection with selling goods or services), preventing consumer confusion and ensuring legal protection. These three core requirements establish the mark's ability to function as a brand identifier and meet legal standards.
What is the strongest kind of trademark?
Strong trademarks are typically creative or unique, setting you apart from your competitors. These trademarks include fanciful, arbitrary, or suggestive trademarks. Fanciful trademarks are invented words. They only have meaning in relation to their goods or services.
Should you trademark or LLC first?
For most businesses, form your LLC first to establish a legal owner for your brand, then apply for a trademark under the LLC, but always conduct a trademark search before forming the LLC to avoid costly rebrands if the name is already taken. The LLC provides liability protection and a legal entity to own assets like trademarks; however, you need to know the name is clear before registering the LLC.
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
What is the 3 month rule for copyright?
The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP.
Why is the baby name 1069 illegal?
1069 is considered an illegal baby name in some U.S. states because it's a number, and many jurisdictions prohibit numerals, symbols, or names that could cause administrative confusion or ridicule, stemming from court cases in states like North Dakota and Minnesota that denied requests for purely numerical names. Courts ruled that numbers aren't suitable for legal identification and can create issues with forms and databases, although the specific number 1069 gained notoriety from a man's failed attempt to legally change his name to it in the 1970s.
What is the rule 37 of trademarks?
Further, Rule 37 of Trade Marks Rules, 2017 states that 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 ...
What word did Kim Kardashian try to trademark?
Kim Kardashian is again brewing up a social media storm – this time over her application to trade mark the word “Kimono” for her new range of shapewear.