Asked in Trademark and Intellectual Property

Q: I want to open a trademark in the USA, what costs does this procedure involve?

Good afternoon My name is Elizaveta and I have a question for you, please tell me, I want to open a trademark in the USA, what costs does this procedure involve and

How long does it take and what are the possible future costs of maintaining it? I mean taxes.

3 Lawyer Answers
Felicia Altman
Felicia Altman
  • Trademarks Lawyer
  • Mercer Island, WA

A: In order to receive a trademark you must apply for ownership of the mark in the proper goods and services with the USPTO. Best practice is to work with a trademark attorney or expert to advise on if a mark already exists and guide you through the process. Since COVID from filing to registration has been 18-36 months. A single class application costs between $250 and $350 with the USPTO.

Adam W. Bell agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: To open a trademark in the USA, the initial costs will include the filing fee for your trademark application with the United States Patent and Trademark Office (USPTO). These fees vary depending on the number of classes of goods or services your mark will cover and the filing basis, but they generally range from $250 to $350 per class.

The process can take anywhere from 6 months to over a year, depending on any objections or oppositions that may arise. After registration, you must maintain your trademark by filing a "Declaration of Use" between the 5th and 6th year, and again at the 10th year, with fees similar to the initial filing costs.

Additionally, every 10 years, you must file a combined "Declaration of Use" and "Application for Renewal," which carries a fee per class of goods or services. There are no annual taxes on trademarks, but failing to maintain the necessary filings can result in cancellation of your trademark registration.

Keep in mind that legal fees for an attorney to assist with the application and maintenance process can add to your costs and are advisable for navigating the process successfully.

Adam W. Bell
Adam W. Bell
  • Trademarks Lawyer
  • SF, CA

A: It costs $250 in trademark filing fees (or $350 if you need to use a bespoke description).

Attorney fees should be about $600.

You can do this yourself, but you risk making a fatal error.

I recommend using a lawyer.

I HIGHLY recommend that you avoid and trademark filing websites etc. MANY are scams.

Good luck.


Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.