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Trademark Filing Cost: Federal and State Fees

Author : Donghoo Sohn, Esq.



Understanding trademark filing cost is essential for businesses seeking intellectual property protection in New York and beyond. The expenses associated with registering a trademark involve multiple components, including federal application fees, state registration fees, and potential legal assistance costs. This guide explains the various factors that influence trademark filing cost, helping you budget appropriately for protecting your brand identity and market position.

Contents


1. Trademark Filing Cost in New York : Federal Application Fees


The United States Patent and Trademark Office (USPTO) charges federal fees for trademark applications. The standard trademark filing cost through the USPTO begins at $250 per class of goods or services when filing online through the Trademark Electronic Application System (TEAS). If you file paper applications, the cost increases to $275 per class. Each additional class of goods or services requires a separate fee, which means businesses protecting multiple product categories will incur higher trademark filing cost. Understanding these federal fees helps you determine your initial investment for national trademark protection.



Understanding Uspto Fee Structure


The trademark filing cost varies depending on your application method and the number of international classes you select. The TEAS Standard application offers the lowest cost option at $250 per class, while the TEAS Plus application costs $300 per class but provides additional benefits such as expedited processing and access to the USPTO's online database. The international classification system divides goods and services into 45 classes, so a company protecting products across multiple categories will pay proportionally higher trademark filing cost. Most small businesses file in one to three classes, resulting in initial federal costs ranging from $250 to $750 before any additional services or legal fees.



Maintenance and Renewal Fees


Beyond the initial trademark filing cost, trademark owners must pay maintenance and renewal fees to keep their registrations active. Between the fifth and sixth year after registration, trademark holders must file a Declaration of Use (Section 8 affidavit) with a fee of $100 to $400 depending on the filing method. Every ten years, trademark owners must renew their registrations by paying renewal fees ranging from $300 to $400 per class. These ongoing costs represent a significant portion of the total trademark filing cost over the life of the registration, so budgeting for long-term maintenance is crucial for protecting your brand.



2. Trademark Filing Cost in New York : State Registration Requirements


In addition to federal protection through the USPTO, New York businesses may pursue state trademark registration under New York General Obligations Law § 3-503, which establishes requirements for trademark registration and related fees. State trademark filing cost typically ranges from $50 to $150 per application, depending on the specific registration type and the New York Department of State requirements. State registration provides supplementary protection within New York's borders and can be valuable for businesses operating primarily in the state. Understanding both federal and state trademark filing cost helps you develop a comprehensive brand protection strategy that addresses your specific business needs and geographic scope.



New York State Filing and Registration Procedures


New York state trademark registration involves submitting an application to the New York Department of State along with the required trademark filing cost. The state registration process typically takes four to six weeks for approval, which is generally faster than federal USPTO registration. State trademark filing cost is significantly lower than federal costs, making it an attractive option for businesses focused on New York markets. However, state registration only protects your trademark within New York's borders, whereas federal registration provides nationwide protection. Many businesses file both state and federal applications to maximize their trademark protection, which increases their total trademark filing cost but provides comprehensive coverage across multiple jurisdictions.



3. Trademark Filing Cost in New York : Professional Legal Assistance


While you can file a trademark application independently, hiring a qualified trademark attorney significantly increases your trademark filing cost but provides substantial benefits in terms of application quality and protection strength. Professional legal assistance typically costs between $500 and $1,500 for a straightforward trademark application, depending on the attorney's experience and the complexity of your application. Trademark attorneys conduct comprehensive searches, ensure proper classification of goods and services, and prepare applications that minimize the risk of rejection. When combined with USPTO fees, the total trademark filing cost for professional assistance ranges from $750 to $2,250 per class, representing a significant investment in protecting your intellectual property. Trademark registration services provided by experienced legal professionals help ensure your application meets all requirements and maximizes your brand protection.



Benefits of Professional Trademark Counsel


Engaging professional legal assistance reduces the trademark filing cost risk by ensuring your application avoids common rejection reasons. Experienced trademark attorneys conduct thorough trademark searches to identify potential conflicts with existing registrations, which protects you from investing in a mark that may face opposition. They properly classify your goods and services according to the International Classification system, ensuring your trademark filing cost covers the appropriate protection categories. Professional counsel also handles office actions and correspondence with the USPTO, saving you time and preventing costly delays. The additional investment in professional services typically pays dividends through faster approval times and stronger, more defensible trademark registrations that protect your brand effectively.



Cost Comparison: Diy Vs. Professional Filing


The following table compares the typical trademark filing cost for do-it-yourself applications versus professional legal assistance:

Filing MethodInitial Application FeeLegal Assistance CostTotal Estimated Cost
DIY Federal Filing (TEAS)$250 per class$0$250 per class
DIY Federal Filing (Paper)$275 per class$0$275 per class
Professional Federal Filing$250 per class$500-$1,500$750-$1,750 per class
New York State Registration$50-$150$200-$600$250-$750


4. Trademark Filing Cost in New York : Additional Expenses and Considerations


Beyond the basic trademark filing cost, several additional expenses may arise during the registration process. Trademark search services, which identify potential conflicts with existing marks, typically cost $100 to $300 per search and are highly recommended before filing. If the USPTO issues an office action requiring clarification or amendments, responding to these requests may involve additional attorney fees ranging from $200 to $500. International trademark registration through the Madrid Protocol adds significant trademark filing cost, with base fees of $600 to $1,000 plus additional fees for each country where you seek protection. Understanding these potential additional costs helps you budget comprehensively for your trademark protection strategy and avoid unexpected expenses during the registration process. Trademarks require careful planning to minimize costs while maximizing protection effectiveness.



Strategic Planning for Trademark Protection


Developing a strategic approach to trademark filing cost management involves assessing your business needs, market scope, and long-term brand protection goals. Businesses operating solely within New York may prioritize state registration to minimize initial trademark filing cost, while companies with national ambitions should prioritize federal USPTO registration. Conducting preliminary trademark searches before filing reduces the risk of wasting trademark filing cost on applications that face opposition or rejection. Businesses should also consider their budget for ongoing maintenance fees and plan for the five-year and ten-year renewal deadlines to maintain continuous protection. By planning strategically and understanding all components of trademark filing cost, you can make informed decisions that protect your brand effectively while managing expenses appropriately.


30 Jan, 2026


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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