Trademark Attorney Fees: What Lawyers Charge, and When You Need One (2026)
Short answer
A trademark attorney typically charges $500 to $2,000 in flat fees to search and file a single-class US application, on top of the $350 USPTO fee, with the range set by whether a clearance opinion is included and by the firm. Office action responses run $300 to $1,500 depending on the refusal, and maintenance filings $200 to $500. Hourly rates for trademark work fall mostly between $250 and $500. A US-domiciled applicant is not required to use a lawyer; a foreign-domiciled one is. For a clean single-class mark with an ID Manual description and a clear search, many businesses self-file; for multiple classes, a crowded field, or a refusal, the fee usually pays for itself.
There is no fee schedule for trademark lawyers. The USPTO publishes its fees to the dollar; attorneys set their own, and the same filing can cost $400 at one firm and $2,500 at another. What this page can do is describe the market: the services that are priced, the ranges they fall in, and what moves a quote from the bottom of a range to the top.
The USPTO fees are separate and always come on top. Every figure below is the lawyer's fee; the government's $350 per class, the $150 Statement of Use, and the $650 per class at year ten are extra, and they are on the trademark cost page.
Attorney fees are the largest variable in a trademark budget, and the decision about whether to pay them is the one most worth getting right. It is not a yes-or-no question; it depends on the mark.
What is priced, and what it costs
| Service | Typical flat fee | What it covers |
|---|---|---|
| Knockout search | $0–$300 | A quick look at the federal register for obvious conflicts, often free as a lead-in |
| Full clearance search and opinion | $300–$800 | Federal, state, and common-law search plus a written opinion on registrability and risk |
| Application preparation and filing, one class | $400–$1,200 | Drafting the goods description, choosing classes, preparing the specimen, filing |
| Each additional class | $100–$300 | Usually a smaller increment, sometimes free at larger firms |
| Office action response, simple | $300–$600 | Correcting a description, adding a disclaimer, answering a clerical query |
| Office action response, substantive | $800–$1,500+ | Arguing against a likelihood-of-confusion or descriptiveness refusal |
| Statement of Use | $150–$400 | Preparing and filing proof of use for an intent-to-use application |
| Section 8 or Section 8 & 9 maintenance | $200–$500 | Preparing and filing the year-five and year-ten declarations |
| Opposition or cancellation proceeding | $2,000–$20,000+ | Litigation before the Trademark Trial and Appeal Board; scales with complexity |
| Cease-and-desist letter | $300–$1,000 | Drafting and sending a demand to a suspected infringer |
Most trademark work is flat-fee. Filing, searching, and maintenance are predictable enough that most firms quote a fixed price. Hourly billing appears for office action arguments, oppositions, and anything adversarial, where the hours cannot be known in advance.
Hourly rates for trademark attorneys mostly fall between $250 and $500, with solo practitioners and small firms at the lower end and large-firm partners above it. A flat fee is usually a better deal for a routine filing; an hourly rate is what you pay when something has gone wrong.
What moves the price
| Factor | Toward the low end | Toward the high end |
|---|---|---|
| Search | Knockout only | Full clearance with written opinion |
| Classes | One | Several, each with its own description |
| Description | From the USPTO ID Manual | Custom-drafted, which also adds $200 per class in USPTO fees |
| Basis | Use in commerce, specimen ready | Intent-to-use, with Statement of Use to follow |
| Field | Sparse class, no near matches | Crowded class, near matches to argue around |
| Firm | Solo or small practice, online-first | Large firm, partner-level attention |
| Location | Lower-cost market | New York, San Francisco, DC |
The search is where the money is best spent, and it is also the fee most people skip. An application for a name that conflicts with a live mark costs the full USPTO fee, the response fee if you fight it, and then a new search and a new name. A $500 clearance opinion that finds the conflict first is the cheapest outcome. Running the free check before paying for an opinion narrows the list so the opinion is shorter and cheaper.
The online filing services
LegalZoom, Trademark Engine, and similar services sit between self-filing and a lawyer. Their fees are lower, and what they provide is narrower.
| Service type | Fee range (plus USPTO fees) | What you get | What you do not get |
|---|---|---|---|
| Self-file at USPTO | $0 | Full control, the $350 base fee | Anyone reviewing the application |
| Online filing service | $50–$400 | Form guidance, a basic search, filing on your behalf | Legal advice, a clearance opinion, someone to argue an office action |
| Online service with attorney add-on | $300–$800 | The above plus attorney review, sometimes a limited opinion | Usually not a full clearance search or ongoing representation |
| Trademark attorney | $500–$2,000 | Clearance, drafting, filing, and representation through registration | Nothing, at that price, beyond the first office action |
Filing services are not law firms and say so in their terms. They will prepare and submit the application; they will not tell you whether the name is likely to register, and if an office action arrives, the response is a separate purchase, often from a referred attorney at attorney rates. For a clean mark they are a reasonable middle option; for a contested one they end up costing what a lawyer would have.
Who is required to use an attorney
Since 2019, any applicant whose domicile is outside the United States must be represented by a US-licensed attorney before the USPTO. This applies to foreign companies and to individuals living abroad, and there is no exception for simple marks.
US-domiciled applicants are not required to use a lawyer at any stage: filing, responding to office actions, maintenance, or even an opposition. The USPTO's own guidance recommends one, and the examiner will not treat a self-filed application differently, but the choice is yours.
Domicile means where the business is actually run from, not where it is incorporated. A Delaware LLC operated from London is foreign-domiciled and must use an attorney.
When self-filing is reasonable
The application is simple enough to self-file when all of these are true:
- One class, or two at most, and you are certain which
- The goods and services fit an existing entry in the USPTO ID Manual
- The mark is already in use, with a specimen ready, or the intent-to-use process is understood
- A search of the register shows no live mark that is close in your class or a coordinated one
- The mark is distinctive: coined, arbitrary, or suggestive, not a description of the goods
- The applicant is US-domiciled
- A refusal would be an inconvenience rather than a crisis
Self-filing costs $350 per class and an afternoon. A meaningful share of small-business registrations are made exactly this way, and the USPTO's Trademark Center is built for it.
When the fee pays for itself
The lawyer is worth the money when any of these is true:
- More than two classes, or uncertainty about which classes apply
- The class is crowded and the search returned near matches in it
- The mark is descriptive, a surname, or a place name, all of which draw refusals regardless of conflicts
- The name is already on packaging, signage, or a product launch, and a refusal would cost more than the fee
- An office action has already arrived with a substantive refusal
- The applicant is foreign-domiciled, where it is required
- The mark will be licensed, franchised, or enforced against others, where the registration's scope matters
A substantive office action is the usual trigger. A likelihood-of-confusion refusal is a legal argument, and the difference between a persuasive response and an unpersuasive one is the registration. This is the point at which many self-filers hire counsel, and it is a reasonable place to draw the line.
Three budgets
The same single-class mark, three ways, attorney fees and USPTO fees together.
| Self-filed | Filing service | Attorney | |
|---|---|---|---|
| Search | $0 (Silvol) | $0–$100 | $500 |
| Preparation and filing | $0 | $200 | $800 |
| USPTO base fee | $350 | $350 | $350 |
| Office action, if one comes | $0 or attorney at $800+ | Attorney at $800+ | Included or $800+ |
| To registration, no refusal | $350 | $550–$650 | $1,650 |
| To registration, one substantive refusal | $1,150+ | $1,350+ | $1,650–$2,450 |
The attorney route costs the most when nothing goes wrong and the least extra when something does. Which one is right depends on how likely a refusal is, and the search is what tells you.
Common questions
How much does a trademark lawyer cost?
Typically $500 to $2,000 in flat fees to search and file a single-class application, plus the $350 USPTO fee. Office action responses add $300 to $1,500. Hourly rates, where used, run about $250 to $500.
Do I need a trademark attorney?
Not if you are US-domiciled; the USPTO allows self-filing at every stage. Foreign-domiciled applicants must use one. For a simple, distinctive, single-class mark with a clear search, self-filing is common; for multiple classes, a crowded field, or a refusal, a lawyer usually earns the fee.
What does a trademark attorney do for the fee?
Runs a clearance search across federal, state, and common-law sources, gives a written opinion on registrability, chooses the classes, drafts the goods and services description, prepares the specimen, files, monitors the application, and responds to the first office action. What is and is not included should be in the engagement letter.
Is a trademark attorney cheaper than LegalZoom?
No, usually two to four times more. What the extra buys is legal advice, a clearance opinion, and someone to argue an office action, none of which a filing service provides. For a clean mark the service is enough; for a contested one the difference disappears.
How much does a trademark search cost?
A knockout search is often free, including on Silvol. A full clearance search with a written attorney opinion is typically $300 to $800. The USPTO's own search is free but comes with no opinion.
How much does it cost to respond to an office action?
Nothing from the USPTO. An attorney charges $300 to $600 for a simple response and $800 to $1,500 or more for a substantive one, such as arguing against a likelihood-of-confusion refusal.
Can I hire a lawyer just for the office action?
Yes. Many attorneys take office action responses as standalone work, and it is the most common point at which self-filers bring in counsel.
How much does a trademark attorney cost per hour?
Mostly $250 to $500, depending on the firm's size and location. Routine filing is usually quoted flat rather than hourly; hourly appears for arguments and disputes.
Are attorney fees refundable if the trademark is refused?
No, and neither are the USPTO's. Some firms offer a reduced fee to refile with a new name after a refusal; ask before engaging.
What is the cheapest way to register a trademark?
Self-file a use-based application in one class with an ID Manual description, after a free search. That is $350 in total. See what a trademark costs.
Does the USPTO require a lawyer?
Only for foreign-domiciled applicants, since 2019. US-domiciled applicants can represent themselves at every stage.
How long does the attorney's work take?
Search and filing usually take one to three weeks from engagement. The USPTO then takes eight to twelve months to examine the application, and twelve to eighteen months to registration is typical; the attorney's involvement during that time is mostly waiting and responding.
Keep reading
- How much does a trademark cost? USPTO fees, end to end
- Is my name trademarked? How to read a match before paying for an opinion
- Trademark classes: the complete list, with live counts
- How long does a trademark last
Silvol checks a name against live US federal trademarks and the .com zone. It is not a law firm and does not clear names for use. Attorney fee ranges are market observations, not a schedule; USPTO fees are from the schedule effective 18 January 2025.
Silvol is not a law firm and does not clear names for use.