How much does a trademark lawyer cost?

By Javi Pérez, independent researcher (not a lawyer)Last reviewed · 6 sources cited below · How we research

General information, not legal advice. Fees and rules change and differ by court and county. Confirm current amounts with the court or a lawyer licensed in your state before you rely on them.

Short answer

The USPTO charges $350 per class to file a trademark application electronically, plus $100 to $200 per class in surcharges for incomplete or custom descriptions, and $150 per class for a statement of use on intent-to-use filings. Attorney fees come on top and depend mostly on clearance work and Office action responses; at Clio's all-practice average of $349 an hour, a 6-hour contested response would cost about $2,094.

USPTO government fees (2026)

Since January 2025 the USPTO charges one base application fee of $350 per class of goods or services for an electronic filing. The old two-tier TEAS Plus and TEAS Standard pricing no longer exists. Instead, surcharges apply per class if the application is incomplete or uses custom wording [1].

Main USPTO trademark fees, electronic filing, per class
FeeAmountWhen it applies
Base application$350 [1]Every application, for each class
Insufficient-information surcharge$100 [1]Required information missing at filing
Free-form description surcharge$200 [1]You write your own description instead of picking from the USPTO ID Manual
Long description surcharge$200 per extra 1,000 characters [1]Description over 1,000 characters
Extension to answer an Office action$125 [1]You need three more months to respond
Statement of use or amendment to allege use$150 [1]Intent-to-use applications, once you start using the mark
Six-month extension to file statement of use$125 [1]Intent-to-use mark not yet in use after allowance
Section 8 declaration of use$325 [1]Between years 5 and 6 after registration, and with each 10-year renewal [5]
Section 9 renewal$325 [1]Every 10 years

Paper filing costs far more ($850 per class for the base application) and is rarely used [1].

Example (intent-to-use, two classes, ID Manual wording): application 2 × $350 = $700; one statement-of-use extension 2 × $125 = $250; statement of use 2 × $150 = $300. Government fees: $700 + $250 + $300 = $1,250, before any attorney fee.

The process and timeline

  1. Clearance search. Before filing, you or a lawyer search the USPTO database and the marketplace for similar marks on related goods. The USPTO does not refund the application fee if your mark is refused, so this step protects the fee you are about to pay.
  2. Application. You choose the classes, the description of goods or services, and the filing basis: actual use in commerce, or intent to use.
  3. Examination. An examining attorney reviews the application, often months after filing. If there is a problem, you receive an Office action.
  4. Office action response. You generally have three months to respond, and you can buy one three-month extension, for a maximum of six months from the issue date [2].
  5. Publication and opposition. Approved marks are published so third parties can oppose them.
  6. Registration or notice of allowance. Use-based applications register. Intent-to-use applications receive a notice of allowance, and the statement of use is due within six months; extensions can stretch this to 36 months from the notice [3].
  7. Maintenance. File a Section 8 declaration between the 5th and 6th anniversaries of registration, then again in the year before each 10-year anniversary, with a 6-month grace period for an extra fee [5]. Each filing costs $325 per class [1]. Missing them cancels the registration.

What a trademark lawyer charges for

Trademark lawyers commonly quote flat fees for the search and application and bill hourly, or a separate flat fee, for Office action responses and disputes. We have not found a reliable national survey of trademark flat fees, so we do not publish a range. The pieces to price separately when you collect quotes are:

  • Clearance search and opinion: a written opinion on whether the mark is likely to be refused or challenged.
  • Application preparation: class selection, description wording (which also controls surcharges) and specimen review.
  • Office action response: the biggest variable. A procedural request, such as a revised description or a disclaimer, is quick. A refusal for likelihood of confusion with an existing mark, or for being merely descriptive, needs legal argument and evidence.
  • Post-filing work: statements of use, extensions, maintenance filings and watch services.
  • Disputes: oppositions and cancellations at the Trademark Trial and Appeal Board are litigation and are billed like it.

Example (hourly Office action response): using Clio's national average of $349 an hour across all practice areas [6], a simple response taking 1.5 hours costs 1.5 × $349 = $523.50, while a contested likelihood-of-confusion argument taking 6 hours costs 6 × $349 = $2,094. Trademark specialists' rates may be higher or lower than this all-practice average; ask each lawyer for a flat quote.

When you can file yourself and when you need a lawyer

If you live in the United States, you are allowed to file on your own. Applicants whose domicile is outside the U.S. must be represented by an attorney qualified to practice before the USPTO [4].

Filing yourself is more realistic when the mark is distinctive (an invented or arbitrary word), you have checked the USPTO database for similar marks in your field, your goods fit standard ID Manual wording and you file in one or two classes.

A lawyer is worth the fee when the mark is descriptive or close to an existing mark, the brand is central to a business you are investing in, you receive a substantive refusal, someone opposes your mark, or you plan to register abroad.

Questions to ask before hiring

  • Is the flat fee for search, application, or both? Does it include one Office action response?
  • Are USPTO fees included in the quote or billed separately?
  • Who drafts the description of goods, and how will you avoid the $200 surcharges?
  • What happens to the fee if the mark is refused?

For help comparing quotes, see hourly vs flat-fee lawyers and lawyer consultation fees. Patents work very differently; see patent lawyer cost.

Frequently asked questions

How much does it cost to register a trademark with the USPTO?

The base government fee is $350 per class for an electronic application. Surcharges of $100 or $200 per class apply if information is missing or you write a custom description, and intent-to-use filings add $150 per class for the statement of use.

Is there still a cheaper TEAS Plus option?

No. Since January 2025 the USPTO uses a single $350 base fee per class, with surcharges replacing the old TEAS Plus and TEAS Standard split.

How long do I have to respond to a trademark Office action?

Generally three months from the issue date for U.S. applications, with one three-month extension available for a $125 fee, for a maximum of six months.

Do I need a lawyer to file a trademark?

Not if you are domiciled in the United States. Applicants domiciled abroad must use an attorney qualified to practice before the USPTO. A lawyer is most useful for clearance and for substantive refusals.

Does the USPTO refund the fee if my trademark is refused?

Generally no; the application fee pays for examination, not for a successful registration. That is why a clearance search before filing matters.

Sources

  1. USPTO Fee Schedule (trademark fees, 37 CFR 2.6; effective January 2025) — U.S. Patent and Trademark Office. Application, surcharge, use, extension, maintenance and renewal fees (checked October 11, 2026)
  2. 37 CFR 2.62 (period for response to an Office action) — eCFR. Three-month response period and one three-month extension (checked October 11, 2026)
  3. 37 CFR 2.89 (extensions of time for filing a statement of use) — eCFR. Statement of use due within six months of allowance; extensions up to 36 months (checked October 11, 2026)
  4. 37 CFR 2.11 (requirement for representation) — eCFR. Applicants domiciled outside the U.S. must be represented by an attorney (checked October 11, 2026)
  5. 15 U.S.C. 1058 (duration, affidavits and fees) — Legal Information Institute, Cornell Law School. Section 8 affidavit due between years 5 and 6 and before each 10-year anniversary; 6-month grace period (checked October 11, 2026)
  6. Compare Lawyer Rates (2025 Legal Trends Report) — Clio. US national average lawyer hourly rate of $349 (checked October 11, 2026)