In brief, current trademark filing fees (2023) are:
- $250 or $350 for a standard currently-being-used application for registration
- An additional $250 or $350 per Class if the trademark is to be associated with more than one Class of goods or services
- $100 per Class if the application is an intent-to-use application
Additional details are provided below.
Applications for registration of a trademark are filed with the U.S. Patent and Trademark Office (“USPTO“). As with any government agency, there are many fees that are charged for various filings. As of 2023, the basic filing fee for a trademark registration application is $250 or $350, depending on whether you are using the standard e-filing process or the e-filing Plus system.
Note that the basic charge of $250-350 for a trademark registration application is for a trademark that is associated with ONE trademark and ONE Class of goods and services. An example would be a trademark to be used on paper goods (like books), which is Class 16. For applications where the trademark is expected to be associated with more than one Class, then there is an additional charge of $250-350 per Class over and above the first. So, if the proposed trademark was to be used for printed materials (Class 16) and on t-shirts/clothing (Class 25), then the application fees would be $500 or $700, depending on the current e-filing system being used. Likewise, if you are seeking to register more than one trademark, such as a word trademark and a logo/design, then the application fees are charged for each proposed registration. Only one trademark can be listed on an application for registration.
As noted, using the e-filing PLUS system results in the lower charge being assessed. However, in May 2023, the USPTO proposed eliminating the distinction between the standard and PLUS e-filing systems. If approved, the changes will go into effect in 2024, and all applications for trademark registration will be $350. Note further that since 2020, the USPTO no longer accepts paper applications.
If you are filing an “intent-to-use” application, there is an additional $100 fee that will be charged. As with the other fees, this charge is for EACH Class of goods selected. The most common type of application is an “actual use” or “currently-being-used” application. This simply means that the trademark has been used in commerce prior to the trademark application being filed. However, as the name suggested, an intent-to-use application is one where the applicant will BEGIN to use the trademark in the FUTURE. Technically, there is no extra charge for the application. However, later in the process, the applicant must file a Statement of Use, which must be accompanied by a $100 fee for each Class of goods and services with which the intent-to-use trademark is associated. An intent-to-use application cannot be completed — that is, the trademark cannot be registered — without the filing of a Statement of Use.
Contact the Trademark Attorneys at Revision Legal For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
USPTO Trademark Filing Fees: Current Structure and Strategic Implications
Trademark filing fees are a predictable but often misunderstood component of the trademark registration process. Understanding the fee structure — what you pay, when you pay it, and what triggers additional charges — helps businesses budget accurately for trademark protection and avoid costly surprises during the application process.
2024 Fee Structure: What Changed and What You Pay Now
In May 2023, the USPTO proposed significant changes to its trademark fee schedule, which took effect in 2024. The distinction between the TEAS Standard and TEAS Plus filing systems — which previously created a $100 per class price difference — was eliminated. All TEAS applications are now subject to a uniform base fee of $350 per class of goods or services.
For applicants who select pre-approved ID Manual descriptions for all goods and services and meet all other TEAS Plus requirements, the USPTO currently offers a reduced fee of $250 per class. This reduced fee is available only when the applicant uses the ID Manual’s pre-approved language without modification and satisfies all additional filing requirements at the time of initial application. If the applicant cannot use pre-approved descriptions — for example, because the goods or services are highly specialized or not adequately described in the ID Manual — the $350 per class rate applies.
These fees are per mark and per class. If you are registering one trademark in three classes of goods, the filing fee is $250-$350 multiplied by three — $750 to $1,050 — before any attorney fees. Only one trademark can appear on a single application, so each distinct mark requires a separate filing.
Intent-to-Use Applications: The Statement of Use Fee
An intent-to-use (ITU) application under 15 U.S.C. § 1051(b) allows an applicant to reserve a trademark before actual use begins. The initial filing fee for an ITU application is the same as for a use-based application — $250 or $350 per class. However, after the USPTO examines the application and issues a Notice of Allowance, the applicant must file a Statement of Use (SOU) with specimens demonstrating actual commercial use. The SOU filing fee is $100 per class.
If the applicant is not yet using the mark when the Notice of Allowance issues, they may file a Request for Extension of Time to File a Statement of Use. Each six-month extension request costs $125 per class. Up to five extension requests can be filed, giving ITU applicants a maximum of three years from the Notice of Allowance date to begin use and file the SOU. A three-class ITU application that requires the maximum five extension requests will incur extension fees of $625 per class — $1,875 total — before the SOU fee is even paid.
Post-Registration Fees: Maintenance and Renewal
The cost of trademark ownership does not end at registration. Federal trademark registrations require ongoing maintenance filings at specific intervals:
- Between years 5 and 6: Declaration of Use under 15 U.S.C. § 1058, with current fee of $225 per class (filed electronically). A six-month grace period is available for an additional $100 per class surcharge.
- Between years 9 and 10: Combined Declaration of Use and Application for Renewal under 15 U.S.C. §§ 1058 and 1059, with current fee of $325 per class for the renewal component plus $225 per class for the declaration. Grace period surcharge adds $100 per class for each section.
- Every 10 years thereafter: Combined renewal and declaration, same fee structure as the year 9-10 filing.
Failure to file on time — including within the grace period — results in cancellation of the registration. A trademark that has been used, protected, and built into a business for ten years can be lost through a missed maintenance deadline. Docketing these deadlines and building in sufficient lead time for preparation and filing is essential trademark management.
Opposition and Cancellation Fees
Trademark registrations can be challenged through opposition proceedings (before registration) and cancellation proceedings (after registration) before the Trademark Trial and Appeal Board (TTAB). Filing a Notice of Opposition costs $600 per class for an electronically filed opposition ($400 per class for a TTAB eFiler account). Filing a Petition to Cancel is similarly $600 per class ($400 for TTAB eFiler). Extensions of time to oppose cost $200 each.
These proceeding fees are in addition to attorney fees, which can be substantial in contested TTAB proceedings. A contested opposition or cancellation proceeding that goes through trial can cost $50,000 or more in attorney fees per side. Settlement is often the cost-effective outcome, and an experienced trademark attorney can evaluate the strength of your position and negotiate effectively.
International Registration Fees: Madrid Protocol
U.S.-based trademark owners who want international protection can use the Madrid Protocol system administered by the World Intellectual Property Organization (WIPO). The USPTO charges a filing fee of $100 to certify a U.S.-based international application. WIPO then charges separate fees — a basic fee plus fees for each country designated and each class of goods or services. Country fees vary significantly: designation fees for countries like Canada, China, the European Union, the United Kingdom, and Australia each carry their own per-class charges. A multi-country, multi-class Madrid Protocol filing can easily cost several thousand dollars in government fees alone before attorney fees are considered.
The cost of international trademark protection must be weighed against the commercial exposure — the revenue at risk from infringement in each market, the importance of those markets to the business’s growth strategy, and the difficulty of enforcement without registration in those jurisdictions. An experienced trademark attorney can help you prioritize markets and develop an international filing strategy that balances protection and cost.
The trademark attorneys at Revision Legal manage trademark portfolios of all sizes, from single-mark startups to multi-national brand portfolios. We handle filing, prosecution, maintenance, and international registration and can help you develop a budget-conscious strategy that protects your most valuable marks. Contact us to discuss your trademark needs.