How much does it cost to trademark a small business name

You’ve picked the perfect business name. The logo’s designed. Then someone mentions trademarking, and you picture thousand-dollar legal bills. So how much does it cost to trademark a small business name? Less than you fear — and far less than the cost of being forced to rebrand after you’ve built everything.

How Much Does It Cost to Trademark a Small Business Name? The Numbers

DIY Filing With the USPTO

• TEAS Plus: $250 per class of goods/services. Cheapest option, but requires you to pick from pre-approved descriptions.
• TEAS Standard: $350 per class. More flexibility in describing your goods/services.
• Classes: most small businesses file in 1–2 classes. A clothing boutique files in Class 25 (clothing); if you also sell online retail services, add Class 35. Each class = another fee.
• Typical DIY total: $250–$700 for 1–2 classes.

With a Lawyer

• Attorney fees: $500–$1,500 on top of USPTO fees for a straightforward application.
• Typical lawyer-assisted total: $750–$2,000.
• When it’s worth it: if your name is even slightly descriptive, if you found similar marks in your search, or if branding is central to your business value. Lawyers dramatically improve approval odds on borderline applications.

Ongoing Costs

• Maintenance: declaration of use filings at years 5–6 (~$225/class) and every 10 years on renewal (~$325/class).
• Monitoring/enforcement: optional services ($100–$400/year) that watch for infringers. Your trademark is only as strong as your willingness to defend it.

The Process: What Actually Happens

1. Search first (free): use the USPTO’s TESS database. Search your exact name, similar spellings, and similar-sounding names in your classes. Also Google it, check domains, and check state business registries. Most rejections come from conflicts a 30-minute search would have found.
2. File the application: through TEAS on uspto.gov. You’ll specify the mark, the classes, and whether you’re already using it in commerce or intend to.
3. Examination (3–6 months): an examining attorney reviews it. About 60% of applications get an initial refusal (“office action”) — many are fixable with a response.
4. Publication: your mark is published for 30 days so others can oppose.
5. Registration: total timeline is typically 8–12 months. Plan accordingly — file early.

What Trademarking Does and Doesn’t Do

• Does: give you exclusive nationwide rights to the name in your classes, legal presumption of ownership, ability to sue in federal court, and a basis for international filings.
• Doesn’t: protect you automatically (you must enforce it), stop someone in an unrelated industry (Delta faucets vs. Delta Airlines coexist), or happen fast.
• Common-law rights: using the name in commerce gives you some local protection without registration — but it’s geographically limited and much harder to enforce.

State Trademark vs. Federal

State registration ($50–$75) is cheap but only protects within that state — rarely sufficient for any business with a website. Go federal unless you’re truly, permanently local. For the full picture on protecting your venture, see our business idea protection guide.

Trademark Costs: Frequently Asked Questions

Can I trademark a name myself without a lawyer?
Yes — the USPTO’s TEAS system is designed for direct filing at $250–$350 per class. Thousands of small business owners do it successfully every year. The DIY route works best when your name is distinctive (made-up words are easiest), your search shows no conflicts, and you’re filing in one class. Get a lawyer when the name is descriptive, the search shows anything close, or the brand is central to your business value — the $500–$1,500 fee dramatically improves approval odds on borderline applications.

How long does trademark protection last?
Indefinitely, as long as you keep using the mark and file maintenance documents: a declaration of use between years 5–6 (~$225 per class), then renewals every 10 years (~$325 per class). Miss the deadlines and your registration gets cancelled — the USPTO sends reminders to your correspondence address, so keep it current. Trademark rights come from use, not registration — but registration makes those rights vastly stronger and nationwide.

What’s the difference between ™ and ®?
™ means you’re claiming trademark rights (common-law, from use) — anyone can use it, no registration needed. ® means federally registered — you can only use it after the USPTO grants your registration. Using ® without registration is illegal. Start using ™ the day you launch; switch to ® when your certificate arrives, typically 8–12 months after filing.

Do I need to trademark my logo too, or just the name?
The name (word mark) is the priority — it protects the name in any font or style, giving the broadest coverage. A logo (design mark) protects that specific visual. If budget allows, file both; if you must choose, file the word mark first. Many businesses operate for years on just a word mark. And if you’re selling products under your brand, our comparison of Amazon versus your own website covers how brand protection plays into your sales channel decision.

What if someone is already using my business name?
It depends on who used it first in commerce and in which geographic area and industry. If they have a federal registration and you don’t, you’re likely the one who needs to rebrand — painful, but cheaper now than after a lawsuit. If neither of you registered, the earlier user in each geographic market generally has superior rights. This is exactly why you search before investing in signage, packaging, and domains. When in doubt, consult a trademark attorney for a clearance opinion — $300–$500 that prevents $5,000+ rebrand disasters.

More Trademark Questions Answered

What if someone is already using a similar name?
Similarity is judged by likelihood of confusion — not just identical names. “Sunshine Bakery” vs. “Sunshyne Bakry” in the same city is a problem; in unrelated industries across the country, maybe not. Search before you invest: USPTO’s database, state registries, domain names, and social handles. Finding a conflict early costs nothing; finding it after printing 5,000 business cards costs plenty.

Do I need a trademark if I’m just a tiny local business?
Not urgently — common-law rights from actual use protect you locally without registration. But registration becomes worth it when you expand online, franchise, or license. Think of it as insurance: cheap when you don’t need it, priceless when you do. File when the business proves itself, not before.

The Bottom Line on Trademark Costs

How much does it cost to trademark a small business name? $250–$700 DIY through the USPTO, $750–$2,000 with a lawyer — taking 8–12 months from filing to registration. Search thoroughly before filing, file as soon as the name is final, and get legal help if the search shows anything close. Compared to a forced rebrand ($5,000–$50,000+ in signage, packaging, domains, and lost recognition), a trademark is the cheapest insurance your brand will ever buy.