Key takeaways
- Two bills make up the total: USPTO government fees and professional fees.
- Government fees are charged per class, so class count drives the base cost.
- Clearance before filing is the cheapest part of the process and prevents the most expensive mistake.
- DIY saves money on simple, coined, single-class marks and backfires on crowded ones.
The two bills you'll see
USPTO filing fees
Paid to the government. The base fee is $350 per class of goods or services in 2026. Additional surcharges apply for custom identifications and for each class beyond the first. These fees are non-refundable, even if the application is refused.
Attorney fees
Paid to your law firm. Typical U.S. ranges for a straightforward one-class application: $500–$1,500 for a comprehensive clearance search, and $500–$1,500 for preparing and filing the application. FinchMark quotes a flat fee up front — no surprise bills.
| Line item | Who is paid | 2026 range |
|---|---|---|
| USPTO base filing fee | Government | $350 per class |
| Custom identification surcharge | Government | $200 per class (if used) |
| Clearance search | Attorney | $500–$1,500 |
| Preparation and filing | Attorney | $500–$1,500 |
| Office-action response (if any) | Attorney | $500–$2,500 |
What drives cost up
- Multiple classes. Each additional class of goods or services adds another USPTO base fee and additional drafting time.
- Crowded field. If similar marks already exist, the clearance search takes longer and the risk analysis is more involved.
- Office actions. If the examining attorney raises a substantive refusal (likelihood of confusion, descriptiveness), responding is billed separately — typically $500–$2,500 depending on complexity.
- Design marks. Logos require design-code searches on top of wording searches.
- International filings. Foreign registrations layer on their own government fees and local counsel costs.
The cheapest filing is the one you only pay for once
A refused application is not refunded, and a forced rebrand after launch costs far more than clearance ever would. Most of the money we save clients is money they never have to spend twice.
Where DIY saves — and where it backfires
DIY works when…
Your mark is highly distinctive (an invented word), you sell in one narrow class, and a knockout search turns up nothing close. Our step-by-step search guide walks you through it.
Call a lawyer when…
Your mark is descriptive or in a crowded field, you plan to raise capital, you sell in multiple classes, or you've already received a cease-and-desist letter. The cost of a rebrand dwarfs any fee saved on filing.
Frequently asked questions
- How much does a trademark lawyer cost?
- For a standard federal trademark application in one class, attorney fees typically run $500–$1,500 for a clearance search and $500–$1,500 for preparation and filing. Complex clearances, multiple classes, or office-action responses cost more. FinchMark quotes a flat fee up front — no surprise bills.
- What does the USPTO charge to file a trademark?
- As of 2026 the USPTO base filing fee is $350 per class of goods or services, plus surcharges for custom identifications, insufficient information, and each class beyond the first. These fees go directly to the government and are separate from any attorney fee.
- Do I need a trademark lawyer or can I file myself?
- You can file yourself, but the USPTO refuses or partially refuses a large share of self-filed applications on technical grounds. An attorney's clearance search and drafting significantly increases the odds of a smooth registration and avoids costly office-action responses later.
