A federal trademark costs $350 per class to file yourself, or $1,000 to $2,000 with an attorney. Copyright registration costs $45 to $85. They are not alternatives. A trademark protects your business name, logo, or slogan in commerce. A copyright protects an original creative work: writing, design, code, art.
The most useful thing to know first: copyright already exists. It attaches automatically the moment you create the work. Registration is optional, and it buys you the ability to enforce. A trademark works the other way. You get limited rights by using a name, and registration is what makes those rights broad, national, and worth having.
Trademark Costs
The USPTO restructured its fees on January 18, 2025. The old TEAS Plus ($250) and TEAS Standard ($350) application types were eliminated and replaced with one base application fee of $350 per class, plus surcharges (USPTO, 2025). Any guide still quoting $250 for TEAS Plus is describing a system that no longer exists.
| Filing Route | USPTO Fee | Total With Attorney |
|---|---|---|
| Federal, DIY, descriptions from the ID Manual (per class) | $350 | $350 (no attorney) |
| Federal, DIY, application missing required information (per class) | $350 + $100 surcharge = $450 | $450 |
| Federal, DIY, free-form description of goods/services (per class) | $350 + $200 surcharge = $550 | $550 |
| Federal, with attorney: clearance search + filing (per class) | $350 | $1,000 - $2,000 |
| State trademark | $50 - $150 | $50 - $150 |
Two multipliers people miss. Per class means per class. If you sell software and t-shirts, that is two international classes and two $350 fees. Free-form text is expensive. Writing your own description of goods and services instead of picking from the USPTO's ID Manual adds $200 per class, and another $200 for each additional 1,000 characters (USPTO, 2025). The ID Manual is free. Use it.
Copyright Costs
| What You Are Registering | U.S. Copyright Office Fee |
|---|---|
| Single application (one work, one author, not for hire) | $45 |
| Standard application (electronic) | $65 |
| Group registration of unpublished works | $85 |
Registration is not what creates the copyright. It is what lets you enforce it. You cannot file an infringement suit over a U.S. work until it is registered, and statutory damages and attorney's fees are only available if you registered before the infringement began (or within three months of publication). That timing rule is the entire financial argument for registering early: it converts a lawsuit you cannot afford into one someone else pays for.
Note that these fees are set to rise. A proposed rule published March 20, 2026 would eliminate the $45 Single Application, raise the Standard Application from $65 to $85, and raise group registrations from $85 to $130 (Federal Register, 2026). It is not final and remains in the public comment period, but budget accordingly.
Do You Actually Need to Register?
Copyright: usually not, until you plan to enforce. The work is protected on creation. Register when the work has commercial value you would defend in court, or when a licensee or platform asks for a registration number. For most founders, the code and the marketing copy sit unregistered forever, correctly.
Trademark: register as soon as you are spending money on the name. This is the asymmetry. Unregistered use gives you common-law rights in your actual geographic market and nothing beyond it. The moment you have a logo on a truck, a sign on a building, and a domain, a rebrand costs vastly more than $350. Filing before that spend is the cheapest insurance in this guide.
Common Mistakes
Filing before checking availability. The USPTO does not refund the $350 when it refuses your mark for likelihood of confusion. A professional clearance search runs $300 to $600 and is the single highest-return spend here, because it prices a rebrand before you have paid for one.
Assuming a state trademark protects you nationally. It does not. A state registration covers that state. It is cheap because it is narrow.
Assuming an LLC name or a domain is a trademark. Forming an entity in a state and buying a domain give you neither. They are separate systems that do not consult each other.
Registering a descriptive name. "Cold Beer Store" describes the goods and is refused or relegated to the supplemental register. Distinctive names cost the same $350 and actually survive.
If you want the search and filing handled without hourly attorney rates, LegalZoom bundles a clearance search with the application.
Comparing Startup Costs
- How much to save before starting a business - where legal protection sits against your other launch costs
- Startup costs by industry - how much of a typical launch budget goes to legal and formation
- LLC vs sole proprietorship costs - forming an entity is a different system from trademarking a name
- Total budget planner - build the full capital plan
Frequently Asked Questions
How much does it cost to trademark a business name?
$350 per class filed directly with the USPTO, or $1,000 to $2,000 total with an attorney handling the clearance search and filing (USPTO, 2025). The old TEAS Plus $250 tier was eliminated on January 18, 2025. Surcharges add $100 per class for an incomplete application and $200 per class for a free-form description of goods and services.
How much does it cost to copyright a work?
$45 for a single application covering one work by one author not made for hire, $65 for a standard electronic application, and $85 for a group registration of unpublished works (U.S. Copyright Office). A proposed 2026 rule would eliminate the $45 tier and raise the others.
Do I need to register a copyright to own it?
No. Copyright attaches automatically when you create the work. Registration is what lets you sue over a U.S. work, and registering before infringement begins is what makes statutory damages and attorney's fees available.
Does a state trademark protect me nationally?
No. A state registration protects you in that state only. Federal registration through the USPTO is what gives you nationwide rights.
Is a clearance search worth $300 to $600?
Yes, if you are about to spend money on the name. The USPTO keeps the $350 filing fee when it refuses a mark, and a forced rebrand after signage, packaging, and a domain costs far more than the search.
What does "per class" mean?
Trademarks are registered against categories of goods and services. Software is one class, apparel is another. Each class carries its own $350 base fee, so a business registering in two classes pays $700 before any surcharges.