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Protect Your Business and Brand with a Trademark

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Protect Your Business and Brand with a Trademark

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What are the initial registration fees?

The USPTO requires that all trademark registration applications be submitted electronically through the Trademark Center, which replaced the now-retired TEAS system on January 18, 2025. This new platform is intended to modernize the process and introduces additional features. Among these features, the new system offers an autosave feature, allows parties signing via email to view and save supporting files, and dynamically tracks application costs as they’re filled out (among other enhancements). 

There is a base application fee of $350 per class (replacing the TEAS Standard and TEAS Plus options). A class refers to a category of goods or services, used by the USPTO to organize trademarks. If you would prefer to use the available free-form box instead of choosing from the list of predetermined classes, you will be charged an additional $200 fee per class. There is also a $100 fee per class if your application has insufficient information.

If you use your trademark or service mark for multiple classes, multiply the USPTO fee by the number of classes in which you plan to register to calculate the total USPTO fees (e.g., an application with two classes would cost $700). These costs are generally incurred only when filing the application. However, additional costs (separate from any legal fees) may be incurred for: 

  • Submitting a statement of use.
  • Changing the filing basis.
  • Post-registration maintenance filings.
  • Other amendments.

What are Statement of Use fees?

Once the application is filed, additional costs may depend on your use of the trademark. If you initially filed with an intent to use the trademark in the future, and your initial application is approved (i.e., no one else has submitted or registered a similar trademark after 30 days), you can expect to receive a Notice of Allowance (NOA). This triggers a six-month period to file a Statement of Use (SOU), declaring that you’ve actually begun to use your trademarked term for the goods and services in your application.

You are also required to submit a specimen (an example of how you are using the trademark) along with the SOU. The USPTO fee for the SOU is $150 per class. You have six months from the issue date of the NOA to submit the specimen or request an extension. You can ask for a six-month extension to file an SOU for a $125 fee per class (you may request up to five such extensions). Also, note that when submitting an extension request, you are required to attest that you have a bona fide intent to use the mark in the future.

Are there fees owed after registration?

After you register your trademark, you’ll need to submit maintenance filings to the USPTO at certain intervals to keep the registration active. These are due:

  • Between the 5th and 6th year after registration.
  • Between the 9th and 10th year after registration.
  • Every 10 years thereafter.

The filings generally require an attestation confirming that the mark is still in use for all the goods or services listed in the application. If the scope of use has changed, you may modify or delete the products or services that are no longer used with the mark. 

Importantly, after five years of continuous use of your mark following registration, you may submit a declaration of incontestability, which has a $250 filing fee. Incontestability is conclusive evidence of your ownership of the mark and your exclusive right to use it for the goods or services in the application. Incontestability also serves as a key deterrent in many infringement proceedings and makes challenging a trademark much more difficult.

The fees for submitting post-registration maintenance filings can change, so it’s best to consult the USPTO fee schedule for a current list of fees. Some of the filings can be combined to save resources and USPTO review time. For example, the incontestability filing can be combined with the fifth- year filing.

Even with filing and maintenance fees, registering a trademark is often worthwhile. If you have more questions about registering your business’s trademark, reach out to a Rocket Legal Pro for affordable legal advice. If you need tax help, Rocket Lawyer offers tax services with Rocket Tax™.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.


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