Trademark Registration Cost Calculator
Estimate the cost to register and maintain a trademark, including per‑class filing fees, optional attorney support, and likely follow‑up costs. Fees change over time, so you enter the current fee amounts for accuracy.
Why Trademark “Cost” Is More Than a Filing Fee
When people ask “how much does a trademark cost,” they often mean the government filing fee. That number is important, but it is only one piece of the real cost. Trademark registration is a legal process with optional steps (search, attorney review) and possible contingencies (office actions, oppositions). Even after you get a registration, you must maintain it with periodic filings. If you plan to build a brand, the total lifecycle cost matters more than the initial fee.
A practical cost estimate should answer these questions:
- How many classes will you file in? (Most filing fees are per class.)
- Will you pay for a clearance search and legal review to reduce rejection risk?
- How likely is an office action, and what is the expected cost to respond?
- How long will you maintain the trademark (5 years? 10+ years?), and what are the maintenance filing fees?
This calculator models those decisions transparently. Because government fees and common attorney price points change, the tool does not hard‑code a specific year’s amounts. Instead, you enter your fee schedule based on your jurisdiction or on the USPTO’s current fee table (for U.S. filings). The math then stays correct even when the numbers change.
Core Cost Components
Trademark costs can be grouped into three phases:
- Preparation. Clearance search, specimen gathering, drafting description of goods/services, deciding classes.
- Filing and prosecution. Government filing fees and potential office action responses.
- Maintenance. Periodic renewals and declarations to keep the registration alive.
For many small businesses, the biggest controllable lever is the number of classes. Filing in two classes can roughly double government fees. But filing in too few classes can leave your brand unprotected where it matters. A cost model helps you make that tradeoff deliberately.
The Basic Formulas
Let:
- c = number of classes
- F = filing fee per class
- A = attorney flat fee (optional)
- S = search/clearance cost (optional)
- p = probability of an office action (0 to 1)
- O = cost to respond to an office action (average)
- M = maintenance fees (5‑year and 10‑year) per class
Upfront expected cost is:
If you plan to maintain the mark, you add maintenance filings. If maintenance fee per class is M5 for year 5 and M10 for year 10, then:
Worked Example
Assume you file in 2 classes. Your current filing fee per class is $350. You pay $600 for a clearance search and $900 for attorney preparation. You estimate a 35% chance of an office action and $700 average response cost. Maintenance fees (years 5 and 10) are $250 and $525 per class (illustrative; enter your actual figures).
Upfront expected cost: 2×$350 + $900 + $600 + 0.35×$700 = $700 + $900 + $600 + $245 = $2,445.
Maintenance through 10 years: 2×($250 + $525) = 2×$775 = $1,550.
Total 10‑year expected cost: $2,445 + $1,550 = $3,995.
This example shows why maintenance matters: even if registration is successful, lifecycle costs can rival the initial filing expense.
Comparison Table: Cost Drivers
| Lever | Effect | Tradeoff |
|---|---|---|
| More classes | Higher filing + maintenance fees | Broader protection |
| Clearance search | Higher prep cost | Lower risk of conflict/rejection |
| DIY vs attorney | Lower cash cost | Higher risk of filing mistakes |
| Office action budget | Raises expected cost | More realistic planning |
Intent‑to‑Use vs Use‑in‑Commerce (Why Some Filings Cost More)
In some jurisdictions (including the U.S.), you can file based on actual use in commerce or based on a bona‑fide intent to use. Intent‑to‑use filings can add later steps and fees: you may need to submit a statement of use and pay additional per‑class fees once you begin using the mark. That means your “registration cost” might be spread over time and might be higher than a use‑based filing. This calculator does not assume one filing basis; if your process includes a later statement‑of‑use fee, include it in your maintenance or office‑action budget line items.
Oppositions and Conflicts
Even if you pass examination, third parties can oppose registration. Oppositions can be expensive because they resemble litigation: pleadings, discovery, and motion practice. Most small businesses never face an opposition, but when it happens it can dwarf filing fees. Because opposition probability and costs are extremely fact‑dependent, this calculator does not model them. If you operate in a crowded brand space (fashion, beverages, apps), consider adding an “opposition contingency” to your attorney budget.
Practical Tips to Reduce Cost
- Choose classes deliberately. Filing in unnecessary classes increases both initial and maintenance fees.
- Use a clearance process. A modest search expense can prevent expensive rebrands.
- Keep specimens and proof of use organized. Good documentation reduces response time and legal fees.
- Budget for maintenance. Many marks are lost simply because the owner missed a deadline.
Limitations and Assumptions
This calculator estimates costs; it does not provide legal advice. It assumes:
- You enter current filing and maintenance fees for your jurisdiction.
- Office action probability is your scenario input; real rates vary by mark strength and class.
- Oppositions, appeals, international filings, and enforcement are not included.
- Attorney fees vary widely; use your attorney’s quote if available.
Use the output to budget and to choose between filing strategies (classes, search, DIY vs attorney). For important brands, a qualified trademark attorney is usually worth the cost because early mistakes can be expensive to fix later.