How Much Does a Trademark Attorney Cost? (2026 Flat Fees)
By Nuzayra Haque-Shah, Esq., California-licensed intellectual property attorney, NH Legal P.C. Updated November 2026. This is general information, not legal advice for your situation.
Short answer: a trademark attorney at NH Legal costs $3,999 flat for the StartUp Trademark Package or $5,999 flat for the CEO Trademark Package, plus USPTO government filing fees. If you only need one piece, a comprehensive search is $899 and an application filing is $1,699.
NH Legal trademark fees, line by line
- Comprehensive trademark search: $899 (attorney analysis + 30-minute consult)
- Trademark application filing: $1,699 plus government fees
- Non-substantive office action response: $1,299 per response
- Substantive office action response: quoted by the attorney
- StartUp Trademark Package: $3,999 flat (two comprehensive searches, filing strategy, application, representation through the process, non-substantive office action responses, post-registration support)
- CEO Trademark Package: $5,999 flat (1 trademark application, 2 copyright applications, 2 business growth sessions, mini IP audit; government fees excluded)
- Multiple trademarks: custom bundle quote, email [email protected]
USPTO government fees in 2026
These come from the USPTO fee schedule (effective January 19, 2025). They are paid to the government on top of any attorney fee, and they are charged per class.
| USPTO fee | Amount per class |
|---|---|
| Base application | $350 |
| Insufficient information surcharge | +$100 |
| Custom (free-form) goods and services description | +$200, plus $200 per extra 1,000 characters |
| Statement of use (intent-to-use filings) | $150 |
| Six-month extension to file the statement of use | $125 each |
A careful filing avoids the two surcharges. Picking a pre-approved description from the USPTO ID Manual, instead of free-form text, keeps the fee at $350 per class.
A worked example: one name, one class
- StartUp Trademark Package: $3,999
- USPTO base application, one class: $350
- Total if you already use the name: $4,349
- Not using it yet (intent-to-use)? Add the $150 statement of use, so $4,499, plus $125 for each extension you need.
More than one class or more than one mark is quoted as a bundle.
Flat fee vs. hourly billing
Many firms bill trademark work by the hour, so the total depends on how much back-and-forth the application needs. A flat fee fixes the price of each step up front. NH Legal bills searches, filings and non-substantive office action responses as flat fees. Only substantive refusals, oppositions and litigation are quoted per matter, because the work depends on what the other side or the examiner raises.
Your three options, compared
- File it yourself on the USPTO site. You pay only government fees. You also own the search, the class choice, the goods and services wording, and any office action. Mistakes there are the most common cause of refusals and surcharges.
- Online filing service. Fills in the form for you. Unless an attorney is assigned to your matter, it cannot give legal advice on whether your name is likely to be refused or challenged.
- Trademark attorney. Searches and analyzes the risk before you spend the filing fee, drafts the application, and answers the USPTO on your behalf. See do I need a lawyer to trademark my business name?
Five questions to ask before you hire a trademark attorney
- Is the fee flat or hourly, and what exactly does it cover?
- Are USPTO fees included or separate?
- Does the price include a comprehensive search with a written risk opinion?
- What happens, and what does it cost, if the USPTO issues an office action?
- Will a licensed attorney handle my file, or a non-lawyer?
Why a package usually costs less than paying per step
Search ($899) + filing ($1,699) + one non-substantive office action response ($1,299) is $3,897 pay-as-you-go, for one search. The StartUp package is $3,999 and includes two searches and every non-substantive office action response.
What makes a trademark cost more
- Filing in more than one class
- A substantive office action (likelihood-of-confusion or descriptiveness refusal)
- An opposition at the Trademark Trial and Appeal Board (see TTAB opposition defense)
Read more: trademark registration, office action responses, how long a trademark takes.
Quick answers
How much does a trademark attorney cost?
At NH Legal, a full flat-fee trademark package is $3,999 (StartUp) or $5,999 (CEO), plus USPTO government fees. Pay-as-you-go: comprehensive search $899, application filing $1,699, non-substantive office action response $1,299.
How much does it cost to trademark a name in total?
For one class with the StartUp package: $3,999 plus the USPTO base application fee of $350, so $4,349. Intent-to-use filings add a $150 statement of use fee per class.
How much is the USPTO trademark filing fee in 2026?
The USPTO base application fee is $350 per class (effective January 19, 2025). Surcharges add $100 for insufficient information and $200 for a free-form goods and services description.
Is it cheaper to file a trademark myself?
Filing yourself costs only the government fee, but you take on the search, class selection, goods and services wording, and any office action. Refusals and surcharges often cost more than the attorney fee would have.
Do you charge a flat fee for trademarks?
Yes. Searches, filing, and non-substantive office action responses are flat fees. Substantive office action responses are quoted by the attorney because the work depends on the refusal.
Are payment plans available?
Yes, for the StartUp and CEO trademark packages. Email [email protected] for details.
Next step: see every flat fee on our pricing page, or speak with our legal team about your mark.
Key facts and official sources
- USPTO base application fee: $350 per class (effective January 18, 2025).
- USPTO surcharges: $100 per class for insufficient information, $200 per class for using the free-form text box instead of the ID Manual.
- Maintenance fees after registration: Section 8 declaration $325 per class; Section 9 renewal $325 per class.
- USPTO on hiring counsel: “we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you through the registration process.”
Sources: USPTO, Summary of 2025 trademark fee changes; USPTO, Hiring a U.S.-licensed attorney. Government fees change; check the source before filing. This page is general information, not legal advice.