How Much Does It Cost to Trademark a Business Name?

How much does it cost to trademark a business name? The federal filing fee is $250–$350 per class of goods/services — but the all-in cost ranges from $250 DIY to $2,000+ with a lawyer, and the ‘should I even bother’ question matters more than the price.

I’ve been through the trademark process, and the biggest surprise wasn’t the cost — it was how many businesses trademark too early (wasting money) or too late (losing the name). Here’s the full picture.

How Much Does It Cost to Trademark a Business Name? The Fee Breakdown

USPTO filing fees (2026): $250 per class via TEAS Plus (the streamlined online application) or $350 per class via TEAS Standard. Most small businesses file in one class; if you sell both goods and services under the name, that’s two classes — double the fee. So the DIY baseline is $250–$700.

Lawyer-assisted filing runs $750–$2,000+ all-in (fees plus attorney time). What the lawyer buys: a proper clearance search (checking the USPTO database plus common-law uses — the step DIY filers botch), correct class selection (wrong class = wasted filing), and office-action responses if the examiner objects (about 60% of applications get at least one). For a name your business will live or die by, the lawyer is worth it. For a side hustle testing an idea, DIY or wait.

Before You File: The Clearance Search

Never file before searching — the fee is non-refundable, and filing on a name that’s already taken is lighting $250 on fire. Search the USPTO’s TESS database for identical and similar marks in your class, then Google the name plus your industry for common-law uses (unregistered but still legally protected in their geography).

What kills applications: names too similar to existing marks in related classes (likelihood of confusion), merely descriptive names (‘Best Pizza’ — describes the product, not protectable), and surnames or geographic terms alone. Strong marks are distinctive: invented words (Kodak), arbitrary words (Apple for computers), or suggestive words. If your name is descriptive, consider whether it’s worth fighting for — sometimes a more distinctive name is cheaper than a legal battle.

What a Trademark Actually Gives You (and Doesn’t)

A federal trademark gives you: nationwide exclusive rights in your class, the ® symbol, the ability to stop infringers (and sue in federal court), a basis for international filings, and takedown power on Amazon, social platforms, and domain disputes. It’s the real deal for brand protection.

What it doesn’t do: protect you automatically (you must police and enforce it — the USPTO doesn’t hunt infringers for you), cover every class (protection is class-specific), or substitute for an LLC (trademark protects the brand; the business entity protects your assets — see What is the difference between an LLC and a sole proprietorship). And common-law rights from actual use already give you some local protection without filing — federal registration amplifies and nationalizes it. The USPTO’s own trademark basics at the U.S. Small Business Administration explain the scope precisely.

Trademark cost and timing summary:

• DIY: $250–$350 per class (TEAS Plus/Standard); most small businesses need 1–2 classes.
• With lawyer: $750–$2,000+ all-in — worth it for names the business depends on.
• Always do a clearance search first — filing fees are non-refundable.
• File when the name is final and you’re investing in the brand; wait while testing.
• Process takes 8–12 months — file before you need the registration.

Timing: When to File and When to Wait

File when: the name is final, you’re investing real money in branding/packaging, you’re entering competitive markets, or you plan to franchise or license. The intent-to-use application lets you file before launch, reserving the name while you build — smart for serious ventures.

Wait when: you’re still testing the idea, the name might change, or the business is a local service where common-law rights suffice for now. Trademarking a name you’ll abandon in six months is a $250 donation to the USPTO. And one more timing note: the process takes 8–12 months typically, so file well before you need the registration in hand (for Amazon Brand Registry, investors, or licensing deals). If you’re also securing the online identity, How do I register a domain name for my business website covers locking down the domain in parallel.

The Bottom Line

How Much Does It Cost to Trademark a Business Name? The Fine Print

The fine print on timing: trademark rights in the US come from use, not registration — you gain common-law rights by using the mark in commerce, and registration amplifies them nationally. This means the gap between ‘started using’ and ‘registered’ isn’t unprotected, just less protected. Document your first-use dates carefully (dated marketing materials, domain registration, sales records) — they matter in disputes regardless of registration status.

Also fine print: trademarks require maintenance — filings between years 5–6, renewals every 10 years, and continuous use. Abandon the mark (stop using it for three years) and rights evaporate. And you must police it: a trademark you don’t defend weakens over time, and genericide (the mark becoming the generic term — aspirin, escalator) kills it entirely. Registration is the beginning of brand protection, not the end. Budget for the maintenance the way you budget for the filing.

Consider filing an intent-to-use application if the brand matters but the launch is months away — it reserves your priority date while you build, preventing someone from filing first in the interim. The USPTO process takes 8–12 months anyway, so filing early in the business timeline means the registration arrives when you actually need it (for Amazon Brand Registry, licensing deals, or investor diligence). Trademark timing should lead business milestones, not trail them.

Trademarking costs $250–$350 per class DIY or $750–$2,000+ with a lawyer — but the real question is timing. Search before you file, file when the name is final and the brand investment is real, and don’t trademark ideas you’re still testing. A trademark protects the brand; make sure the brand is worth protecting first.

Trademark when the name is final and the brand investment is real — not before, not long after. Search thoroughly, file correctly, then maintain and defend it. The $250–$2,000 is just the entry fee; the real protection comes from use, maintenance, and vigilance over the years. Brands are built, then guarded.