Trademark Application Fees and Processing Times: Plain-English Guide
Before filing a trademark, it’s important to understand the costs involved and how long the process will take. Planning your budget and timeline helps you allocate resources and manage expectations.
By Howard KatzenbergEducational resources for brand owners
Updated October 12, 2026
Before filing a trademark, it’s important to understand the costs involved and how long the process will take. Planning your budget and timeline helps you allocate resources and manage expectations.
Filing Fees and Types of Applications
The USPTO charges filing fees on a per‑class basis. As of January 18, 2025, the USPTO retired the old TEAS Plus and TEAS Standard tiers and moved to a single base application fee of $350 per class, filed through the Trademark Center. On top of that base fee, the USPTO now adds surcharges in certain situations—for example, when an application uses a free‑form (custom) identification of goods or services rather than selecting from the pre‑approved ID Manual, when an identification is incomplete or insufficient, and when an identification runs unusually long. Because these surcharges can add meaningfully to your total, it’s worth understanding how to avoid them before you file; see our breakdown of the 2025 USPTO fee changes and how to avoid surcharges. If you register your mark for multiple classes—e.g., clothing (Class 25) and retail services (Class 35)—you must pay separate fees for each class. Intent‑to‑use applications require an additional Statement of Use fee (currently $150 per class) when you submit evidence of use. If you need more time to begin using the mark, each six‑month extension request also carries a fee. Other USPTO fees may arise during the life of your registration. After five years, a Section 8 Declaration costs $325 per class, and a Section 15 Declaration of Incontestability (optional) costs $250 per class. Every ten years, you’ll file a combined Section 8/9 Renewal, which currently costs $650 per class ($325 for Section 8 plus $325 for Section 9). These numbers can change, so check the USPTO’s fee schedule before filing.
Professional Fees and Additional Costs
In addition to government filing fees, consider the cost of professional services. Trademark attorneys typically charge either a flat fee or hourly rate to prepare and file applications, conduct searches, respond to office actions and manage maintenance filings. The complexity of your mark, number of classes and likelihood of objections influence the total cost. While it is possible to file pro se, investing in professional help can save money in the long run by avoiding costly mistakes. Comprehensive search services also incur fees; professional searches might cost a few hundred to a few thousand dollars depending on the scope. Budget for potential enforcement or monitoring tools. After registration, you may want to hire watch services to monitor new filings and domain names that could conflict with your mark. These subscriptions cost extra but can alert you to potential infringement early. If you operate internationally, factor in foreign filing fees, translation costs and local counsel fees; international filings can be significantly more expensive than U.S. filings.
Factors Affecting Processing Time
As of October 1, 2026, the USPTO reported an average total pendency of about 10.4 months (from filing to registration, allowance, or abandonment), but the timeline varies. After submission, expect about 4.3 months, on average, before an examining attorney reviews your application. If your application meets all formal requirements and no conflicting marks are found, it proceeds to publication for a 30‑day opposition period. If no one opposes, the USPTO issues a registration certificate for use‑based applications or a Notice of Allowance for intent‑to‑use applications. Delays can occur for several reasons. Office actions—letters from the examining attorney identifying issues such as vague goods descriptions, likelihood of confusion or improper specimens—are common. You must respond within three months. Failure to respond leads to abandonment, while an inadequate response can prolong the process with additional office actions. Applications filed on an intent‑to‑use basis remain pending until you file a Statement of Use; if you delay your product launch, your application will not proceed until you submit evidence of use. Oppositions filed by third parties can also extend the process, requiring appearances before the Trademark Trial and Appeal Board (TTAB).
Strategies to Reduce Delays
While there is no guaranteed way to expedite examination, you can minimize delays by submitting a complete and accurate application. Use acceptable goods and services descriptions, provide clear specimens and ensure your mark does not conflict with existing registrations. Selecting your identification from the USPTO’s pre‑approved ID Manual rather than writing a free‑form description also helps you avoid the surcharges now attached to custom and insufficient identifications. Conducting a thorough search reduces the chance of substantive refusals. Respond promptly and thoroughly to office actions, addressing all issues raised by the examining attorney. If you anticipate launching your product soon, consider filing on a use‑in‑commerce basis rather than intent‑to‑use to avoid additional steps. The USPTO generally examines applications in the order received; a Petition to Make Special can move an application ahead, but it is granted only in specific circumstances. For most applicants, filing early is the best strategy to secure priority and allow time for the application to proceed.
Budgeting and Planning
When planning your trademark strategy, map out the total costs. Add up filing fees for each class, any applicable surcharges, potential Statement of Use fees, attorney fees, search fees and future maintenance fees. Decide whether you will register your mark in multiple classes at once or stagger filings as your business grows. Allocate funds for monitoring services or international expansion if those are part of your plan. Create a timeline that accounts for the average processing time and potential delays; don’t plan product launches or rebranding around the assumption of immediate registration. Instead, treat registration as a long‑term investment in brand protection. By understanding the fee structure and processing times, you can make informed decisions about when and how to file your trademark. Adequate budgeting and realistic timelines will help you avoid surprises and keep your branding efforts on track. Check the USPTO’s posted processing wait times for the latest data and factor these into your branding and launch plans. Starting early helps ensure your trademark rights mature in time for product rollouts or marketing campaigns.
Sources
Trademarking 101 - SBAM | Small Business Association of Michigan
FAQ
How much does a USPTO trademark application cost?
As of 2025, the USPTO charges a single base application fee of $350 per class, filed through the Trademark Center, with surcharges for free‑form or insufficient identifications and unusually long IDs. Filing is per class. See the 2025 USPTO fee changes guide for how to avoid the surcharges.
How long does a trademark application take?
Expect initial review in months, longer if office actions or suspensions occur.
What slows down trademark examination?
Office actions, suspensions for prior marks, ID issues, or missing specimens can extend timelines.
Before you file: run the free trademark search checklist to screen conflicts early.