Legal Guide

How the USPTO Charges for Trademark Applications

Trademark application fees can be confusing. Here’s a summary to help.

(Note – these prices are accurate as of March 2021, but are always subject to change.)

 

Actual Use v. Intent to Use

Broadly speaking, there are two types of trademark applications:

  • Actual Use: If you file based on actual use of a mark in commerce, you will usually only pay one filing fee for the application itself. That fee is usually either $250 or $350 (per mark, per class (see below for more on that)).
  • Intent to Use: If you file based on intent to use a mark in commerce in the future, you will usually pay two sets of filing fees for the application. First, you’ll pay the fee outlined above ($250 or $350); and second, you’ll pay a fee to file a Statement of Use later to prove you are actually using the mark in commerce ($100). You have to file that Statement of Use within a set time frame, which can be extended in certain situations for additional filing fees ($125).

Learn more about the two types of applications in this guide.

 

What Does “Per Mark, Per Class” Mean?

If you file for just your word mark (your business name, for example), that’s one “mark.” If you also file for your logo, that’s a second “mark,” which must be filed separately. And if you add your tagline, that’s another “mark.” The point is, the filing fees are per mark.

Moreover, the default fee is just for one class of goods/services. For example, if you want to register the mark in connection to beer and also clothing (two classes), you’ll have to double the fee. And if you want to add in food service (three classes), you may have to triple the fee.

Here’s an example:

  • An application for the word mark NewCo in connection to beer will likely cost $250.
    • If you want both both the word mark and the logo for beer, it would be $500 ($250 * 2 marks).
    • If you want the word mark for both beer and clothing, it would be $500 ($250 * 2 classes).
    • If you want both the word mark and the logo for both of beer and clothing, it would be $1,000 ($250 * 2 marks * 2 classes).

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The Base Fee is usually $250 or $350

The USPTO has two primary online application forms: TEAS Standard and TEAS Plus

Generally speaking, most startups, freelancers, and small businesses applying for a trademark registration will be able to use the TEAS Plus form, which costs $250. You have to use a pre-defined class of goods/services and manage your applications electronically through the USPTO website (among other requirements). If you don’t meet those requirements, you may have to use the TEAS Standard (which is $350 per mark, per class). You can also file by paper for $750, but seriously, who still uses paper?

 

Other Fees

The fees above are just the filing fees with the USPTO. You should also consider fees for running a professional trademark search and legal fees. Although every firm is different, Pixel Law has fixed fees for most trademark applications. You can learn about those on our pricing page. The search fee also depends on the company you use. We use one that usually charges $220 (as of March 2021).

(This article is general in nature and is not legal advice.)

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