| Business type | Classes typically needed | Total government fee | Typical attorney quote | Watch for |
|---|
| Local service business (plumber, salon, consultancy) | 1 | $350 | $850-$1,200 | Local registrations may already exist in your state |
| Physical product brand (apparel, skincare) | 1-2 | $350-$700 | $1,000-$1,600 | Do not claim a class you have no plans for |
| SaaS or software | 1-2 | $350-$700 | $1,000-$1,600 | Class 42 covers software as a service |
| Restaurant or cafe | 1-2 | $350-$700 | $900-$1,400 | Class 43 covers services, 30 for goods |
| Multi-product marketplace | 3-5 | $1,050-$1,750 | $2,000-$3,500 | Consider filing in stages as the catalogue grows |
| Individual creator (art, music, books) | 1-3 | $350-$1,050 | $850-$1,500 | Multiple pseudonyms need multiple filings |
Self-filing versus hiring an attorney
Self-filing is genuinely reasonable for a straightforward word mark in one class, particularly when the business is new and the name has not been cleared by anyone. The USPTO's TEAS system is straightforward enough that a careful applicant can complete it in an evening.
What self-filing does not give you is a clearance search by someone who knows what they are looking at. The federal database tells you what is registered; it does not tell you what is in use in your state, what your competitors have on their packaging, or what is registered in a foreign country where you might expand. That is the value an attorney supplies, along with drafting a goods description narrow enough to survive examination.
| Factor | Self-filed | Attorney-filed | Risk if you get it wrong |
|---|
| Federal database search | Free, you can do it | Included | Miss a conflicting mark; application refused |
| State and common-law search | Not practically accessible | Included in comprehensive search | Likelihood-of-confusion objection you cannot overcome |
| Goods and services classification | You choose the class and description | They choose and narrow | Too broad a description gets refused for numerous goods |
| Office action response | You write it or lose the application | They draft and file | Abandonment, and you lose your filing date priority |
| Specimen and use evidence | You assemble it | They advise | Refusal to register despite a valid application |
| Cost | $350-$500 | $850-$1,600 | — |
The most expensive failure mode is not the $850 you saved. It is filing yourself, receiving an office action six months later, not understanding it, and letting the application go abandoned. You then have to start over and your new filing date is six months worse than the old one.
The timeline, and what happens at each stage
- Clearance search (0-2 weeks). Federal database, plus state and common-law checks if you are using an attorney.
- File (day 0). Pay the government fee, submit the application. Your filing date is established the day the USPTO confirms receipt.
- Examination (1-3 months). An assigned examiner searches for conflicts and reviews the classification and description.
- Office action (if issued, 3-6 months). A letter citing problems. You have three months to respond. Ignoring it closes the application.
- Response and review (3-6 months). Examiner reviews your reply and either clears the mark or issues a second action.
- Publication (30 days, fixed). Once cleared, the mark publishes for opposition. Anyone who believes they may be injured can file a notice of opposition in this window.
- Registration issued (8-14 months total). You may then use the ® symbol and file with Customs to protect imports.
Words that cannot be trademarked
Some marks are refused no matter how much you spend on them. Understanding these categories saves a filing fee and a lot of frustration.
| Category | Example | Why refused | Workaround |
|---|
| Descriptive for the goods | FreshFish for a seafood restaurant | Descriptive of the goods, requires secondary meaning | Use an arbitrary or suggestive term instead |
| Generic | Pizza for a pizza place | The common name of the product can never be owned | Claim the generic term plus a distinctive modifier |
| Merely ornamental | A logo that is only stylisation of the company name | No source-identifying function beyond the word itself | File a word mark instead of a design mark |
| Deceptive or misleading | A mark implying government affiliation | Requires deception to succeed | Avoid any national or official reference |
| Primarily a surname | A family name | Everyone has the right to use their own name | Add a distinctive element to the mark |
| Moral or scandalous | A term certain to offend a large group | Explicit public policy exclusion | Choose differently |
The short version
Budget $350 to file yourself in one class with a word mark, or $850-$1,600 with an attorney who runs a clearance search and handles office actions. Confirm your name is clear before you invest in branding, claim only the classes you will actually use, and put a hard reminder in your calendar three months out in case a rejection letter arrives.
Fazlur Rahman
