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Currently, the cost to trademark a name is $250 per class as of 2021. However, if a custom description is necessary, the cost to trademark a business name is now $350 for each class.
|Application Type||Is a Custom Description Necessary?||Your Cost Per Class|
|TEAS Standard||Yes||$350 (only for classes that require a custom description)|
Estimated reading time: 6 minutes
Currently, the cost to trademark a name is either $250 or $350. However, those costs depend upon which application you select. Currently, there are two different ways applications you can use to register your trademark. The two applications and their fees are set by law under the Code of Federal Regulations:
(iii) For filing a TEAS Standard application, per class $350.00
(iv) For filing a TEAS Plus application . . . , per class $250.00
Before January 2, 2021, the cost for TEAS Plus and TEAS Standard was $225 and $275, respectively. This article addresses the differences between TEAS Plus versus TEAS Standard, and will show you which application you need.
There are 45 different classes of goods and services. However, the cost to file a trademark application does not depend on which class you select. For instance, you could select Class 3 for eyelash extensions, and Class 28 for toys. The cost could be $250 or $350 for each class, depending upon whether you need to a custom description. To find out if you need a custom description, check out the USPTO’s Trademark Manual, and search for the good or service you are selling (or will sell). If you have more than one class of goods or services, simply multiply the number of classes. In fact, the cost to trademark a logo is exactly the same as the cost to trademark a business name.
For example, the cost to file a trademark application could be $600 for eyelash extensions and custom toys. For instance, you will not need a custom description for eyelash extensions ($250). However, it is necessary to write a custom description for a modified toy for children with special needs ($350). Here, the Trademark ID Manual lists “eyelash extensions.” On the other hand, a custom description is necessary for a modified toy will not appear in the Trademark ID Manual, and must be added.
For instance, let’s say you have three classes. In this example, two classes do not require a custom description, but one does. Therefore, the cost is now $850 (($250×2) + $350).
For our last example, let’s assume there are four classes; two class descriptions are found in the Trademark ID Manual while the other two are not. Therefore, the cost here is $1,200 (($250×2) + ($350×2)).
What is the Cost to File A Trademark Application?
In short, the cost to file a trademark is $250 per class of goods or services. However, only if a custom description is necessary, is it $350 per class. You can find out if you need a custom description by searching the Trademark ID Manual. In sum, if your item is present in the Trademark ID Manual, then your cost is $250 per class of goods or services. If you can find your goods, use the TEAS Plus Application for $250 per class. If you need to write a custom description, use TEAS Standard for $350 per class.
Generally, most attorneys charge $350 per class of goods or services. Of course, this is due to the greater time necessary to review the Trademark ID Manual. Additionally, it is time used as labor to ensure the proper class of goods or services is selected and processing fees. Finally, if only $250 is necessary for the application, and it is an “Intent to Use” application, the remaining balance will be used within six months after a Notice of Allowance to pay for a Statement of Use or Amendment to Allege Use.
Occasionally, clients may need an Intent to Use application alleges that an entity will use a trademark. Interestingly, the cost for both a Statement of Use and an Intent to Use is the same at the time of filing. In other words, there is no extra charge at the time of filing. However, you should expect to pay the USPTO $100 extra per class within six months of your Notice of Allowance. Additionally, you will need to show proof that the business name is being used “in commerce.” A Notice of Allowance starts the clock on filing a Statement of Use/Amendment to Allege Use.
Notably, trademark filing is the starting point in a long process. Note, however, that there are other costs like maintaining and renewing a trademark application, cease-and-desist letters, enforcement and more. Generally, I advise clients that they are better off not filing for a trademark if they do not intend to enforce their intellectual property. A good rule of thumb is to never file in more classes than you are comfortable with. For instance, for my new clients I advise no more than three classes of goods or services to keep costs low.
In short, the cost to trademark a name comes down to whether a custom description is necessary. On one hand, if no custom description is necessary, the cost is $250 per class under TEAS Plus. However, a custom description is necessary, the cost will be $350 per class under TEAS Standard.
Additionally, I recommend the following guide for reading: