The question of how much a trademark costs comes up all the time—and for good reason. For many small business owners, understanding the real cost of trademark protection can feel like navigating a maze. The government filing fees might seem straightforward enough, but hidden costs, attorney fees, and DIY mistakes can quickly turn a simple application into an expensive headache.
This article will break it all down for you: what the USPTO actually charges, what risks you take if you try to file on your own, and why flat fee services like those offered by Harrigan IP are often the smartest path forward.
The Real Cost of Filing: USPTO Fees Explained
Let’s start with the most basic cost: the government filing fee. When you submit a trademark application to the U.S. Patent and Trademark Office (USPTO), you’ll pay $350 per class of goods or services as a base rate.
But there’s a catch: if you want to write your own custom description of the goods or services—rather than using the USPTO’s pre-approved language—you’ll pay an additional $200 per class. That brings the total to $550 per class for businesses that need more precise control over how their offerings are described.
That price is also per class — and a “class” refers to the category of goods or services your trademark will cover. For example, clothing is one class, while entertainment services is another. If you sell clothing and offer entertainment services, you’ll need to file under two classes and pay double the fee. Read more about international trademark classes here. And importantly, these fees are nonrefundable. If your application is rejected, you don’t get that money back.
See the USPTO’s fee schedule for the latest breakdown.
Why DIY Trademark Filing Can Cost You More
At first glance, filing a trademark yourself might seem like a bargain. You pay the $350 USPTO fee and avoid hiring a lawyer. But the risks are bigger than most people realize.
Many DIY filers skip a clearance search — the process of checking whether another brand already owns a similar trademark. Without one, you could be investing in a brand that’s already taken. Even worse, you might get a cease-and-desist letter down the road, or find your application denied due to “likelihood of confusion.”
Check out this article for a deep dive on why searching is essential.
Even if your mark clears the first hurdle, many applications receive an Office Action from the USPTO — a formal refusal or request for clarification. These aren’t always deal-breakers, but if you don’t know how to respond, your application can get abandoned. When that happens, your filing fees are forfeit, and you’ll have to start the entire process over from scratch. Given that trademark processing times are currently taking nearly a year, that kind of delay can be both costly and time-consuming. You can read more about that process here.
Hourly Billing vs. Flat Fee: What Are You Really Paying For?
Let’s say you do decide to hire a trademark attorney. What should you expect to pay?
Some attorneys charge hourly rates of $300 to $600+, which means every phone call, email, and draft becomes another line on your bill. You might start off thinking you’re spending $800, but by the time your mark is filed and issues are resolved, you could be looking at $2,000 to $5,000, or more.
At Harrigan IP, we offer something different: predictable, flat-fee trademark services. That means you know the full cost of the application up front, with no surprises. Our most popular Deluxe Package includes:
- A full trademark clearance search
- Strategic guidance on the best way to file
- Application preparation and attorney filing
- Responses to most non-substantive Office Actions
Total cost? $950 flat plus filing fees.
How the Numbers Compare
Filing Option | USPTO Fee | Legal Fees | Total Cost Estimate |
---|---|---|---|
DIY Filing | $350 | $0 | $350–$550+ (plus risk) |
Hourly Attorney | $350 | $2,000–$5,000+ | $2,350–$5,350+ |
Harrigan IP Flat Fee | $350 | $950 | $1,300 |
Common Questions About Trademark Pricing
- Are the USPTO fees included in your flat fee? No. Filing fees are paid just before the application is filed. After attorney review, we do our best to combine goods or services strategically to minimize your fees. Because the total depends on the number of classes and any custom descriptions, we send you a quick payment link once the application is ready.
- What if my application gets rejected? We can often fix common issues or help you refile under a fresh strategy, and most routine refusals are covered by the flat fee.
- What if I need multiple trademarks? We offer discounts when you file more than one mark. Please call or email us for a bundled rate.
Final Thoughts: Don’t Let Costly Mistakes Undercut Your Brand
Your trademark is a long-term investment in your business identity. Whether you’re launching a startup or rebranding a growing company, the last thing you want is to spend time and money on a brand name you can’t protect.
- Start your trademark today
- Explore our flat-fee packages
- Learn more about trademark registration
- Still have questions? Contact us