Question 1

What is a trademark and why do I need one?

Accepted Answer

A trademark is a word, name, logo, slogan, or symbol that identifies the source of your goods or services and distinguishes your brand from competitors. Federal trademark registration with the USPTO gives you nationwide exclusive rights, the legal presumption of ownership, the ability to use the ® symbol, and the right to sue for infringement in federal court. Without a registered trademark, your brand name, logo, or slogan is vulnerable to copying, imitation, and legal challenges from competitors.

Question 2

What is the difference between a trademark, copyright, and patent?

Accepted Answer

A trademark protects brand identifiers like names, logos, and slogans used in commerce. A copyright protects original creative works like music, art, writing, and software automatically upon creation. A patent protects inventions and functional innovations. Many businesses need all three. For example, a music festival might trademark its name and logo, copyright its original artwork and music, and patent any proprietary technology it develops.

Question 3

What is the difference between ™ and ®?

Accepted Answer

The ™ symbol can be used on any mark you claim rights in, even before filing a USPTO trademark application. The ® symbol (registered trademark) can only be used after the USPTO officially registers your mark. Using ® without a federal registration is a federal offense that can result in your trademark application being refused. Once registered, always use ®. It puts competitors on notice and strengthens your legal position.

Question 4

Can I trademark a name, logo, slogan, or color?

Accepted Answer

Yes, trademarks can protect words, names, logos, slogans, sounds, colors, product shapes, and even scents if they function as brand identifiers. The most common trademark applications cover brand names (word marks), logos and design marks, and taglines. Color trademarks are rare but possible: Tiffany blue and UPS brown are famous examples. The key requirement is that the mark must be distinctive and used in commerce to identify your goods or services.

Question 5

What makes a strong trademark?

Accepted Answer

Trademark strength falls on a spectrum from strongest to weakest: Fanciful marks (invented words like KODAK or XEROX) are the strongest. Arbitrary marks (real words applied to unrelated goods, like APPLE for computers) are very strong. Suggestive marks (hinting at qualities without describing them, like NETFLIX) are strong. Descriptive marks (directly describing the product) are weak and often refused. Generic terms can never be trademarked. The stronger your mark, the broader the protection you receive.

Question 6

What is the difference between a trademark and a service mark?

Accepted Answer

A trademark protects a brand name, logo, or slogan used to identify goods (physical products). A service mark protects a brand name, logo, or slogan used to identify services. For example, NIKE is a trademark because it identifies shoes and clothing (goods). UBER is a service mark because it identifies a transportation service. In practice, the legal protections are identical. The USPTO uses the term "trademark" to cover both, and the registration process is the same. When you see ™ on a product, it indicates a trademark claim. When you see SM, it indicates a service mark claim. Once registered, both use the ® symbol.

Question 7

What are trademark classes and why do they matter?

Accepted Answer

Trademark classes (also called Nice Classification) are 45 categories that organize all goods and services into groups. Classes 1 through 34 cover goods (products), and classes 35 through 45 cover services. For example, Class 25 covers clothing, Class 35 covers business consulting and retail, Class 41 covers entertainment and education, and Class 43 covers restaurants and food services. Classes matter because two businesses can own the same trademark if they operate in different classes. A coffee shop called NOVA (Class 43) and a software company called NOVA (Class 9) can usually coexist because consumers are unlikely to confuse the two. When you file a trademark application, you pay $350 per class to the USPTO. Our AI automatically identifies the right classes based on your business description and weights conflicts accordingly. Same-class conflicts are high risk, while different-class conflicts with unrelated goods are usually low risk.

Question 8

How do I search for existing trademarks before filing?

Accepted Answer

You should search the USPTO's TESS database (Trademark Electronic Search System), which contains all active and many inactive federal trademark registrations. A thorough trademark clearance search includes: (1) identical mark searches, (2) phonetic equivalents and alternative spellings, (3) foreign language equivalents, (4) design mark searches if you have a logo, and (5) common law searches beyond the USPTO database including Google, social media, and domain registrations. MarkItNow runs multiple parallel searches against the live USPTO database for free.

Question 9

Why does MarkItNow show results differently from the raw USPTO search?

Accepted Answer

It shows the same marks, in a smarter order. For a common word like "heritage" there can be thousands of registrations that merely contain the word, and the raw USPTO list returns them in roughly filing-date order, so the marks most likely to actually conflict with yours are buried pages deep. MarkItNow displays the same full total (you will see, for example, "4,919 marks · 1,528 active," matching the USPTO count) but ranks every match by how closely it resembles your search in both spelling and sound, and surfaces the most relevant ones first. You see the closest matches at the top and can click "Load more" to page through the rest. This relevance-first ordering is what makes the free search useful at a glance: the marks that matter rise to the top instead of being lost in an unranked list. When you run a paid AI report, it goes further and screens the entire 14 million-plus index with 25-plus search strategies, scoring every conflict, so nothing relevant is missed in the analysis itself. You can also filter the results to word marks or design marks (logos and stylized marks) with the mark-type toggle.

Question 10

What is the difference between the AI Search Report and the AI Clearance Report?

Accepted Answer

They answer two different questions. The $49 AI Search Report answers 'is this name risky?' It screens the full USPTO index, scores every conflict by trademark class (same-class conflicts are HIGH risk, related industries MEDIUM, unrelated LOW), and delivers a risk score and conflict breakdown as an instant PDF, plus a bonus add-on: a live domain availability check for .com, .io, .ai, and .org. It is the fast screening tool to decide whether a name is worth pursuing. The $149 AI Clearance Report answers 'should I file, and how?' It is an attorney-style legal opinion: a full likelihood-of-confusion analysis scoring all 13 DuPont factors, real TTAB decisions and federal case law citations, USPTO prosecution history on your high-risk conflicts, a 360-degree domain check across 15 extensions, and a clear filing recommendation (proceed, amend, or rebrand). Think of the Search Report as the diagnosis and the Clearance Report as the treatment plan. Most people start with the $49 report; anyone serious about filing a name that has real conflicts upgrades to the $149 clearance before spending on the application.

Question 11

What is a likelihood of confusion analysis?

Accepted Answer

Likelihood of confusion is the primary legal standard for trademark refusal and infringement. The USPTO examiner applies the DuPont factors, a 13-factor test that weighs the similarity of the marks in appearance, sound, and meaning; the relatedness of the goods and services; the channels of trade; the sophistication of buyers; and other factors. Two marks don't need to be identical to create a likelihood of confusion. Phonetic similarity, similar trade dress, or overlapping goods and services can all trigger a refusal. Our $149 AI Clearance Report applies all 13 DuPont factors to your mark with real case law; the $49 AI Search Report gives you a faster risk score and conflict breakdown to screen the name first.

Question 12

What are the 13 DuPont factors for trademark analysis?

Accepted Answer

The DuPont factors are: (1) similarity of the marks in appearance, sound, and meaning; (2) similarity of the goods/services; (3) similarity of the trade channels; (4) buyer sophistication; (5) fame of the prior mark; (6) number of similar marks in use; (7) actual confusion evidence; (8) length of time without confusion; (9) variety of goods covered; (10) market interface between applicants; (11) applicant's right to exclude; (12) potential for confusion; and (13) any other relevant factors. Our $149 AI Clearance Report evaluates all 13 factors with real TTAB and case-law citations; the $49 AI Search Report gives you a faster risk score and conflict breakdown.

Question 13

What happens if someone has a similar trademark already registered?

Accepted Answer

If a confusingly similar mark is already registered for related goods or services, your application may be refused by the USPTO examining attorney. You have options: (1) respond to the office action arguing there is no likelihood of confusion, (2) amend your goods and services description to avoid overlap, (3) seek consent from the existing registrant, (4) consider rebranding to a mark with a clearer path to registration, or (5) file an opposition or cancellation if the existing registration is vulnerable. Our attorneys can advise on the best strategy.

Question 14

Can I search for a trademark using a logo or image?

Accepted Answer

Yes. MarkItNow supports AI-powered logo search. Upload or drag and drop your logo image into the search bar and our AI analyzes it to extract the brand name, design elements, shapes, colors, and visual style. It then searches the USPTO database for matching or similar marks. This is useful when you have a logo design but want to check whether similar visual trademarks already exist before filing. Click the camera icon in the search bar to try it.

Question 15

How does AI logo search work?

Accepted Answer

When you upload a logo image, our AI vision system analyzes it in seconds. It identifies any text visible in the logo, the primary design elements (shapes, animals, symbols, objects), the visual style (minimalist, geometric, hand-drawn), and the dominant colors. It then maps these to USPTO design search codes and runs a trademark search based on the extracted information. This is similar to what professional trademark search firms do manually when conducting design mark clearance, but delivered instantly.

Question 16

Can I search multiple trademark names at once?

Accepted Answer

Yes. MarkItNow's Bulk Search screens up to 50 brand names in a single pass against the full USPTO database. Paste your list, one name per line, and each name comes back with a risk tier (High, Medium, Low, or Clear) and the closest live conflicting mark, including its owner, status, class, and filing date. It is built for naming shortlists, agency concept screening, attorney intake, and portfolio owners who need to clear many candidates at once instead of one at a time. Bulk Search is free and instant, and you can export the whole table to CSV. It is an automated knock-out screen, not a legal clearance opinion; for any name that comes back higher risk, run the full AI Search Report to see every conflict and the reasoning behind it. Try it at markitnow.ai/bulk.

Question 17

What is bulk trademark search and who is it for?

Accepted Answer

Bulk trademark search (also called batch trademark search or mass trademark screening) checks a whole list of brand names against the trademark register at once, so you can compare candidates side by side. MarkItNow's Bulk Search is for startups and founders narrowing a naming shortlist, branding and marketing agencies clearing concepts for clients, trademark attorneys triaging new intake, and companies and investors screening a portfolio of marks. Each name is scored by how closely live USPTO marks resemble it in spelling and sound, then bucketed into High, Medium, Low, or Clear. The result is a fast, consistent first cut that shows which names are worth a deeper look and which to drop, without paying for a full search on every one.

Question 18

How does Bulk Search decide the risk level for each name?

Accepted Answer

Each name in a Bulk Search is screened against live USPTO records using the same deterministic, code-based similarity scoring as our single search (spelling distance plus phonetic, sound-alike similarity), so the same name always returns the same result. A name is flagged High when an identical live mark exists or a very close live mark is on file, Medium when a close live mark exists, Low when only distant live marks appear, and Clear when nothing live rises above the noise floor. The table also surfaces the single closest live conflict for context. This is a knock-out screen to prioritize your list, not a likelihood-of-confusion opinion; the paid AI Search and Clearance Reports apply the full 13 DuPont-factor analysis to the names you choose to pursue.

Question 19

Can I export bulk trademark search results to CSV?

Accepted Answer

Yes. After a Bulk Search you can download the full results as a CSV, with every name, its risk tier, whether an exact live match exists, the closest live conflict and its owner and status, the class, the filing date, and the similarity percentage. It drops straight into a spreadsheet or a client intake file. The on-screen screen is free; downloading the CSV asks for your email so we can send related guidance. For names that come back High or Medium risk, each row links to a full AI report on that specific mark.

Question 20

Can I check whether my brand name is available as both a trademark and a domain?

Accepted Answer

Yes. Every AI Search Report ($49) includes a live Domain Availability Check as a bonus add-on: alongside your USPTO conflict analysis, the report shows whether the matching domains (.com, .io, .ai, and .org) are available. A brand name is only truly usable if it is clear as a trademark and available as a domain, so bundling both turns the report into a full name clearance. A name can be clear at the USPTO but have its .com already taken, or the reverse, and that changes which name you should choose. The AI Clearance Report ($149) expands this to a 360-degree check across 15 domain extensions.

Question 21

Does MarkItNow check domain name availability?

Accepted Answer

Yes, as an included bonus with the paid reports. The AI Search Report ($49) checks live availability for .com, .io, .ai, and .org at no extra cost, and the AI Clearance Report ($149) covers 15 extensions. Availability is read directly from each registry's own authoritative records in real time, so a domain shown as available is genuinely unregistered at that moment and one shown as taken is registered. Domain availability can change minute to minute, so confirm and register at a domain registrar before relying on it.

Question 22

Why check trademark and domain availability at the same time?

Accepted Answer

Because a brand name has to clear two separate systems to be usable: the trademark register and the domain system. Founders routinely settle on a name, confirm the .com is free, and only later discover a confusingly similar registered trademark, or the reverse, a trademark-clear name whose .com is owned by someone else. Screening both together up front, what we call a 360-degree name check, helps you avoid an expensive rebrand later. That is why the domain check is bundled into MarkItNow's AI reports: USPTO conflict risk and domain availability in one place, so you can judge a name's real-world availability in a single look.

Question 23

Which domain extensions does MarkItNow check, and is the result guaranteed?

Accepted Answer

The Domain Availability Check bundled with the AI Search Report covers the four extensions startups care about most: .com, .io, .ai, and .org, using each registry's authoritative live data; the AI Clearance Report's 360-degree check expands that to 15 extensions. We deliberately report only extensions we can verify reliably, so we never show a registered domain as available. The result is a real-time snapshot, not a reservation: availability can change at any moment and is not a guarantee, so always confirm at a registrar before building a brand around a name. The domain check is a screening aid and, like our trademark search, is not legal advice.

Question 24

How do I file a trademark application with the USPTO?

Accepted Answer

Trademark applications are filed through the USPTO's TEAS (Trademark Electronic Application System) at teas.uspto.gov. You'll need: your mark (word or design), the owner's legal name and address, the goods and services you want to cover, the Nice classification class(es), a filing basis (use in commerce or intent to use), and payment of the USPTO filing fee ($350 per class). MarkItNow offers three paths: free DIY guidance, AI-assisted DIY filing ($199), or full attorney-filed application ($499 + USPTO fees).

Question 25

What is TEAS Plus vs TEAS Standard?

Accepted Answer

TEAS Plus and TEAS Standard were retired on January 18, 2025, and no longer exist. The USPTO replaced that two-tier system with a single base application fee of $350 per class, plus surcharges: $200/class if you use the free-form text box to describe your goods and services instead of selecting pre-approved language from the Trademark ID Manual, $100/class if your application is missing required information, and $200 for each additional 1,000 characters of free-form text. Our AI drafts ID Manual-compliant descriptions so you avoid the free-form surcharge.

Question 26

What is a Nice classification and how many classes do I need?

Accepted Answer

The Nice Classification is the international system dividing goods and services into 45 classes. Each USPTO trademark application requires you to identify which classes cover your business. Class 25 covers clothing, Class 35 covers business services and retail, Class 41 covers entertainment and education, Class 43 covers restaurants and food services, and so on. You pay $350 per class to the USPTO. Most small businesses need 1 to 3 classes. Our AI automatically identifies the right classes for your business based on your description.

Question 27

What is Section 1(a) vs Section 1(b) trademark filing?

Accepted Answer

Section 1(a) Use in Commerce means you are already using the mark in interstate commerce on the goods or services listed in your application. You must submit a specimen showing current use. Section 1(b) Intent to Use means you have a bona fide intention to use the mark but haven't started yet. No specimen is required at filing, but you must file a Statement of Use ($150 USPTO fee + $249 our fee) after you begin commercial use, within 6 months of your Notice of Allowance (extendable up to 3 years).

Question 28

What is a specimen and what qualifies?

Accepted Answer

A specimen is evidence showing your trademark being used in commerce to identify your goods or services. For goods, acceptable specimens include product labels, tags, product packaging, and website screenshots showing the mark with an active purchase option. For services, acceptable specimens include website screenshots, advertisements, brochures, and menus. Screenshots must show the mark and the services offered a standalone logo without context is not acceptable. The specimen must be in use as of the filing date for Section 1(a) applications.

Question 29

How long does it take to register a trademark?

Accepted Answer

The USPTO trademark registration timeline typically runs 13 to 18 months for a straightforward application: 1 to 3 days for filing receipt and serial number; 3 to 4 months for examiner assignment and review; 4 to 6 months for initial approval or Office Action; approximately 12 months for publication in the Official Gazette; 30-day opposition period; and approximately 13 to 18 months total for certificate of registration. Complex applications with Office Actions or oppositions can take significantly longer.

Question 30

What is a USPTO Office Action?

Accepted Answer

A USPTO Office Action is an official letter from a trademark examining attorney raising legal objections to your trademark application. Office Actions are extremely common; the USPTO issues them in roughly 70% of applications. They must be responded to within 3 months of the issue date (extendable to 6 months for a fee). Failure to respond results in abandonment of your application. Common Office Action grounds include likelihood of confusion with existing marks, mere descriptiveness, failure to function as a trademark, and specimen issues.

Question 31

What are the most common reasons for trademark refusal?

Accepted Answer

The most common USPTO trademark refusals are: (1) Likelihood of confusion with an existing registered mark under Section 2(d); (2) Mere descriptiveness: the mark directly describes the goods or services under Section 2(e)(1); (3) Primarily merely a surname under Section 2(e)(4); (4) Deceptive or deceptively misdescriptive marks; (5) Geographically descriptive marks; (6) Specimen issues: the submitted specimen doesn't show proper use; and (7) Identification of goods/services issues: descriptions that are too vague or broad. Our AI Search Report flags these risks before you file.

Question 32

How do I respond to a trademark Office Action?

Accepted Answer

Responding to a USPTO Office Action requires a written legal argument submitted through TEAS within the response deadline. Your response must address every ground of refusal raised by the examiner. Depending on the refusal, you may argue that there is no likelihood of confusion, submit evidence of acquired distinctiveness, amend your goods and services description, submit a new specimen, or disclaim a descriptive term. Office Action responses require legal knowledge and strategic judgment. Our partner attorneys handle responses starting at $499.

Question 33

Can an abandoned trademark application be revived?

Accepted Answer

Yes, an abandoned trademark application can sometimes be revived. If your application was abandoned due to a failure to respond to an Office Action, you can file a Petition to Revive on grounds of unintentional abandonment within 2 months of the abandonment notice (or sometimes up to 6 months). The petition must include a declaration of unintentional delay and payment of the USPTO petition fee. Revival is time-sensitive, so contact us immediately if your application has been abandoned. Our revival service starts at $349.

Question 34

How do I maintain my trademark registration after it is granted?

Accepted Answer

Federal trademark registrations require periodic maintenance filings or they will be cancelled. Between years 5 and 6 after registration: file a Section 8 Declaration of Continued Use (showing the mark is still in use) and optionally a Section 15 Declaration of Incontestability. Between years 9 and 10, and every 10 years after: file a Section 9 Renewal Application. Missing these deadlines permanently cancels your registration with no way to reinstate it. Our Watch plans (from $79/month) track all deadlines automatically.

Question 35

What is a Section 8 Declaration and Section 15 Declaration?

Accepted Answer

A Section 8 Declaration is a sworn statement filed between years 5 to 6 of registration confirming the mark is still in active commercial use. Failure to file cancels the registration. A Section 15 Declaration of Incontestability, filed concurrently with Section 8, makes your trademark registration immune to most legal challenges after 5 years of continuous use. Combined, they significantly strengthen your trademark rights. The USPTO fee for Section 8 is $325/class and Section 15 is $250/class. Our fee for both is $199.

Question 36

What is trademark incontestability and why does it matter?

Accepted Answer

After 5 years of continuous use following registration and filing a Section 15 Declaration, your trademark becomes incontestable. This means third parties can no longer challenge your mark on grounds of descriptiveness or lack of distinctiveness, two of the most common bases for trademark challenges. Incontestability is a powerful legal shield that strengthens your ability to enforce your trademark rights against infringers and defend against cancellation proceedings at the TTAB.

Question 37

What happens if someone opposes my trademark during publication?

Accepted Answer

After USPTO approval, your trademark publishes in the Official Gazette for 30 days. During this window, any party who believes they would be damaged by your registration can file a Notice of Opposition with the Trademark Trial and Appeal Board (TTAB). An opposition proceeding resembles a mini-lawsuit; both sides can conduct discovery and submit evidence. Opposition proceedings can take 1 to 3 years to resolve. If you receive a notice of opposition, consult a trademark attorney immediately.

Question 38

Who is MarkItNow for?

Accepted Answer

MarkItNow is built for startups, founders, solopreneurs, and entrepreneurs, as well as companies and investors managing a portfolio of brands, anyone who needs to clear a new name and keep watch on their marks without spending thousands on routine attorney searches. You get instant USPTO search across 14 million-plus marks, AI conflict analysis, and brand monitoring (coming soon) at a fraction of traditional legal cost, with a U.S. licensed attorney available to file your application when you are ready. It is an informational tool, not legal advice, and does not create an attorney-client relationship.

Question 39

What does the AI Search Report actually analyze?

Accepted Answer

The AI Search Report searches every active and dead mark in the USPTO database. It shows you who is out there, which classes are crowded, and where conflicts exist. You get a risk score and conflict summary delivered instantly as a PDF for $49 (introductory pricing). The AI engine is new technology in active development and can contain errors while we refine it, so treat the report as an informational starting point, not legal advice. If a result looks wrong, we re-run it free.

Question 40

How is the AI Search Report different from a free trademark search?

Accepted Answer

A free trademark search returns a list of results. The AI Search Report interprets those results using legal standards. It identifies which conflicts are likely to cause a USPTO refusal, which are low risk, and why. It applies the 13 DuPont factors to your specific mark and the conflicting marks found, giving you actionable intelligence before you spend $350 per class on a USPTO filing fee.

Question 41

How does MarkItNow calculate similarity scores?

Accepted Answer

Similarity between your mark and each conflict is measured by deterministic, code-based scoring, not AI guesswork. We compute spelling-distance and sound-alike (phonetic) similarity in code, so the same two marks always produce the same score. Every number in your report is reproducible and auditable. The AI then uses these computed scores as evidence when weighing DuPont factor 1 (similarity of the marks in appearance, sound, and meaning). Most AI tools ask a language model to estimate how similar two marks are. We measure it, and show the model the measurements.

Question 42

How do I know the search behind my report was thorough?

Accepted Answer

Every report includes a search methodology section showing exactly what was done: how many search strategies were run, how many USPTO records were screened, and how many candidate conflicts survived screening for full analysis. The search itself goes far beyond your exact mark. We generate up to 20 distinct queries covering synonyms, foreign language equivalents, truncations, phonetic spellings, and dominant-element combinations, the same multi-vector approach professional search firms use. You see the size of the haystack, not just the needles.

Question 43

What detail do I get on each conflicting mark in the report?

Accepted Answer

Every conflict in your report, up to 20 ranked highest risk first, comes with a full USPTO TSDR dossier pulled live at the time of your search: the complete goods and services description, precise legal status, and prosecution history. Your report also includes crowded-field statistics showing how many live marks share your mark's dominant element, both overall and within your class. A crowded field can narrow the protection existing marks receive (DuPont factor 6), which is often the difference between a refusal and a registration.

Question 44

What is the AI Clearance Report and who needs it?

Accepted Answer

The AI Clearance Report is a $149 (introductory pricing) full legal analysis of whether your mark is clear to use and register. It applies all 13 DuPont factors, pulls actual TTAB decisions and federal case law, and delivers a filing recommendation. The same analysis a trademark attorney would charge $500 to $1,500 for, powered by AI and delivered in minutes. Not a substitute for legal advice, but the most comprehensive AI-driven clearance available anywhere.

Question 45

Does the AI Search Report work with logos and design marks?

Accepted Answer

Yes. If you upload a logo using the camera icon in the search bar, our AI Vision system extracts the design elements and any text from your logo, then runs a full trademark search. The AI Search Report will analyze conflicts based on both the text and visual characteristics of your mark. For design marks, visual similarity across logos in the same class is a key factor in likelihood of confusion analysis. This is especially important for brands that rely on visual identity rather than a word mark alone.

Question 46

Is the AI Search Report a substitute for hiring a trademark attorney?

Accepted Answer

No. The AI Search Report is an informational tool designed to help you understand your risk before you file. It does not constitute legal advice and does not create an attorney-client relationship. For complex situations including marks with multiple conflicts, descriptiveness issues, or non-traditional marks, we recommend our attorney-filed application service or a direct consultation with a licensed trademark attorney.

Question 47

How much does it cost to trademark a name or logo?

Accepted Answer

The total cost to trademark a name or logo includes our service fee plus USPTO government fees. Attorney-filed application: $499 (our fee) + $350/class (USPTO base fee) = $849+ per class. DIY guided filing: $199 (our fee) + $350/class (USPTO base fee) = $549+ per class. For a smooth single-class registration with no issues, budget roughly $850 to $1,250 total, including a possible Statement of Use filing for intent-to-use applications. Multi-class applications multiply the USPTO fee by the number of classes. We always show you the exact total before you pay.

Question 48

What are USPTO trademark filing fees in 2026?

Accepted Answer

Under the USPTO fee schedule that took effect January 18, 2025, the electronically filed trademark fees are: Base application (Sections 1 and 44): $350/class. Application through WIPO (Section 66(a)): $600/class. Surcharge for using the free-form text box instead of the Trademark ID Manual: $200/class. Surcharge for insufficient information: $100/class. Statement of Use or Amendment to Allege Use: $150/class. Six-month extension to file a Statement of Use: $125/class. Section 8 Declaration of Use: $325/class. Section 15 Declaration of Incontestability: $250/class. Section 9 Renewal: $325/class (combined Section 8 and 9: $650/class). Petition to revive an abandoned application: $250. Petition to the Director: $400. These are government fees paid directly to the USPTO, separate from any attorney or service fees.

Question 49

Is it cheaper to file a trademark myself or use an attorney?

Accepted Answer

Filing yourself costs $350/class in USPTO fees with no service fee but mistakes are costly. A rejected application still costs the full filing fee with no refund. Common DIY mistakes include poor identification of goods and services (triggering a $200/class surcharge), wrong filing basis, inadequate specimens, and missed deadlines that result in abandonment. Our attorney filing at $499 + USPTO fees provides professional review, strategic class identification, and USPTO-compliant descriptions, significantly reducing the risk of refusal or abandonment.

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