How Much Does a Trademark Attorney Cost?
A trademark attorney typically charges $1,500 to $3,000 for a complete single-class filing — not counting the USPTO government fee. For many straightforward filings, that cost isn't necessary. Here's how to know when you need an attorney and when you don't.
What trademark attorneys charge in 2026
Attorney fees vary by experience, firm size, and complexity. Here's what you'll typically encounter:
When you actually need a trademark attorney
Not every trademark filing needs full legal representation. But there are situations where an attorney's judgment is worth every dollar:
- You found a potentially conflicting mark in your search — an attorney can assess actual likelihood of confusion
- You received an office action from the USPTO, especially a likelihood-of-confusion refusal
- Someone has filed an opposition against your application in the TTAB
- You're filing in multiple classes or internationally (Madrid Protocol, EU, UK)
- Your mark is descriptive or weak and you need to argue for distinctiveness or acquired secondary meaning
- You're in a competitive industry where trademark disputes are common (fashion, food & beverage, tech)
- You need assignment, licensing, or enforcement agreements drafted
When you can file without a full attorney
A solo founder or small business registering a distinctive brand name in a single class — with a clean trademark search — is a good candidate for a flat-fee service or careful DIY filing:
- Your mark is fanciful or arbitrary (invented word, unrelated word) — highest chance of approval
- Your trademark search shows no confusingly similar live marks
- You're filing in one or two Nice classes with a clear goods/services description
- You're already using the mark in commerce (not intent-to-use)
- Your application is straightforward with no complex ownership structure
Cost comparison: DIY vs. flat-fee vs. attorney
Government fees not included in attorney or flat-fee costs: $350/class (TEAS Plus) or $700/class (TEAS Standard).
Hidden cost: office action responses
About 30–40% of trademark applications receive an office action — a request from the USPTO examiner for clarification or a substantive refusal. Responding typically costs:
- Minor procedural issues (amend description, submit specimen): $200–$400
- Likelihood of confusion refusal: $800–$1,500 — requires a substantive legal argument
- Descriptiveness refusal: $600–$1,200 — requires evidence of acquired distinctiveness
- TTAB appeal: $2,000–$5,000+
If you used a flat-fee service, office action response is usually billed separately at hourly rates. Factor this into your total budget.
Search before you spend anything
Run a free trademark search on Searchmarq first. Knowing if your mark is clear takes 60 seconds and helps you decide whether you need an attorney.