Trademark Cost Calculator 2026 — USPTO Fees, Attorney, and Renewal Total

What a trademark actually buys you

A registered US trademark gives you five specific legal rights:

• Nationwide priority as of your filing date (even if you only operate in one state)
• Legal presumption that the mark is valid and yours to enforce
• Right to sue infringers in federal court with statutory damages
• Right to use the ® symbol (common-law users only get ™)
• Ability to record the mark with US Customs to stop counterfeit imports

Without registration, you still have common-law trademark rights in the geographic area where you actually use the mark — but proving those rights in court is expensive and geographically limited.

The full cost breakdown per class

USPTO groups goods and services into 45 "international classes." Every class you claim has its own filing fee. A coffee company selling beans (Class 30) plus operating a cafe (Class 43) plus selling branded mugs (Class 21) pays 3x filing fees.

• TEAS Plus filing: $250/class (requires ID Manual descriptions)
• TEAS Standard filing: $350/class (allows custom descriptions)
• Attorney filing fee: $500-$1,500/class (flat fee for most practitioners)
• Knockout search: $200-$500 (brief search for direct conflicts, included by most attorneys)
• Comprehensive clearance search: $800-$2,500 (includes state registrations, common law, domain names, social media)
• Office action response: $300-$900 per response (50% of applications hit this)
• Statement of Use (intent-to-use only): $100/class + attorney fees
• Extension of time to file SOU: $125/class (up to 5 extensions, 6 months each)
• Section 8 Declaration (years 5-6): $325/class + ~$200 attorney fee
• Section 8 + Section 9 Renewal (year 10): $625/class + ~$300 attorney fee

Worked example: small business, 1 class, attorney-filed

• Knockout search: $0 (included by attorney)
• Attorney filing fee: $800
• USPTO filing fee (TEAS Plus): $250
• Office action response (50% chance, $600 if needed): expected $300
• Total year 1: $1,350
• Year 5-6 Section 8: $550 (fee + attorney)
• Year 10 Renewal: $925 (fee + attorney)
• 10-year total per class: ~$2,825

Use-based vs intent-to-use applications

You can file based on:

• 1(a) Use in Commerce: You're already using the mark in interstate commerce. Requires specimen showing use (product label, website screenshot, etc.). Registers directly after approval.
• 1(b) Intent to Use: You plan to use the mark within 6 months. Requires filing a Statement of Use later with specimen plus $100/class. You get priority from filing date but don't register until use is proven.

ITU is useful when you're building a product before launching publicly — gets you in the USPTO queue without waiting. You have 6 months from allowance to file SOU, extendable 5 times at $125/class each.

Why applications get refused

USPTO 2024 statistics — most common refusal grounds:

• Likelihood of confusion (2(d)): ~40% of refusals. Your mark is too similar to an existing registered mark. Attorney argument or negotiated consent agreement required.
• Merely descriptive (2(e)(1)): ~25%. Mark describes the product ("Fast Pizza" for pizza). Overcome by arguing suggestiveness or demonstrating acquired distinctiveness (5+ years of use).
• Generic: ~10%. Mark is the common name ("Aspirin," "Escalator," "Thermos" all started as trademarks and became generic). Unrecoverable.
• Specimen issues: ~10%. Specimen doesn't actually show use of the mark for the goods/services claimed. Easy fix with better specimen.
• ID of goods/services: ~10%. Description too vague or not in an acceptable class. Amend identification.
• Ornamental / surname / primarily geographic: ~5% combined. Various statutory bars.

Tips that save real money

• Do a comprehensive search first. A $500 clearance search that catches a blocker saves you $1,500 in wasted filing fees.
• Use TEAS Plus when possible. $100/class savings for fitting ID Manual language. Often worth tweaking your description.
• Don't file multiple classes you don't actually use. Each class you claim must have actual use (or intent + eventual use). Over-claiming is common grounds for cancellation later.
• File before you launch publicly. Intent-to-use applications reserve your priority date. Waiting lets someone else file first for the same or similar mark.
• Don't miss Section 8 or Renewal deadlines. Missing a deadline by even one day = cancellation = start over. Set calendar reminders at years 5, 6, 9, and 10.
• Record with CBP if you sell physical goods. $190 one-time fee to record your trademark with Customs and Border Protection lets them seize counterfeit imports without a lawsuit.
• Monitor for infringers. Free TrademarkNow or paid trademark watch services ($200-$500/year) alert you to conflicting filings in real time so you can oppose.

International trademark protection

US registration only protects you in the US. Foreign protection options:

• Madrid Protocol: File one application through WIPO for up to 128 member countries. ~$650 base + $100-$300 per designated country. Faster and cheaper than filing nationally in each country.
• Direct national filing: File separately in each country. Required for non-Madrid countries (includes parts of Latin America and Middle East). $500-$2,000+ per country including local counsel.
• EU Trademark (EUTM): Single registration covering all 27 EU member states. ~€850 base + €50/class beyond first.
• Priority filing window: Paris Convention gives you 6 months from US filing to file in member countries with priority back to US date.