How to Trademark a Name for Under $350 — The 2026 Step-by-Step

How to Trademark a Name for Under $350 — The 2026 Step-by-Step

Why Trademarking Your Name Matters More Than Ever

If you’ve built a brand, launched a business, or created something worth protecting, your name is one of your most valuable assets. Without a trademark, anyone can legally copy it, sell products under it, or force you to rebrand entirely. The good news? You don’t need a lawyer or a big budget to get it done. With the right steps, you can register a trademark with the United States Patent and Trademark Office (USPTO) for under $350 in 2026.

This guide walks you through the entire process in plain language — no legal jargon, no confusing shortcuts. Just a clear, honest breakdown of what to do, what it costs, and what to watch out for.

What Is a Trademark and What Does It Actually Protect?

A trademark is a word, name, symbol, logo, or combination of these things that identifies your goods or services and sets them apart from others in the marketplace. When you register a trademark, you get exclusive rights to use that name or mark in connection with your specific products or services.

Here’s what trademark registration gives you:

• Legal ownership of the name in your business category
• The right to use the ® symbol next to your brand name
• The ability to sue others who copy or misuse your mark
• A public record that warns others your name is taken
• Protection that can last indefinitely with proper renewals

It’s worth noting that a trademark is different from a copyright or a patent. Copyrights protect creative works like books and music. Patents protect inventions. Trademarks protect brand identity — names, logos, and slogans used in commerce.

How Much Does It Really Cost to Trademark a Name?

The biggest misconception about trademark registration is that it costs thousands of dollars. That’s only true if you hire an attorney to do everything for you. If you’re willing to put in a few hours of your own time, you can file directly with the USPTO and keep your total cost well under $350.

Here’s a breakdown of the realistic costs in 2026:

• TEAS Plus application (one class of goods/services): $250
• TEAS Standard application (one class of goods/services): $350
• Additional classes: Same fee per class added

The TEAS Plus option is the most affordable path. It requires you to choose your goods and services from a pre-approved list on the USPTO’s identification database, which keeps the process tighter but saves you $100 per class. For most small businesses and individual brand owners, TEAS Plus is the smart choice.

If you only need to protect your name in one class of goods or services, you can complete the entire registration for just $250 — well under the $350 target.

Step 1: Search Before You File

Before you spend a single dollar, you need to make sure nobody else already owns your name. Filing without doing a proper search is one of the most common and costly mistakes people make. If a similar trademark already exists, the USPTO will reject your application — and you won’t get your filing fee back.

Use the USPTO’s free Trademark Electronic Search System (TESS) — now called the Trademark Center search tool — to look up existing trademarks. Here’s how to do a basic search:

1. Go to USPTO.gov and navigate to the Trademark Center
2. Select the search function and enter your desired name
3. Search for exact matches first, then variations in spelling
4. Filter results by the class of goods or services you plan to use
5. Look at both live and dead marks — even abandoned marks can cause issues

Pay close attention to marks in your industry or product category. A trademark for “Blue Ridge” in clothing is separate from one in software, but having a similar name in the same category will likely result in a rejection. If you find something close, consider changing your name before moving forward.

You can also run a quick Google search and check social media platforms and domain registries to get a broader picture of who else might be using your name, even informally.

Step 2: Identify Your Goods and Services Class

Trademarks are organized into 45 international classes. Each class covers a specific type of product or service. When you file your application, you have to identify which class or classes your brand falls into. Choosing the right class is important — your protection only applies to the categories you register under.

Here are a few common examples:

• Class 25: Clothing, footwear, headwear
• Class 35: Advertising, business management, retail services
• Class 41: Education, entertainment, training services
• Class 42: Software, technology, scientific services
• Class 9: Electronics, computer hardware, downloadable software

You can find the full list on the USPTO website. If your business only falls into one class, filing in a single class keeps your cost at $250 with the TEAS Plus option. If you need multiple classes, you’ll pay the filing fee for each one, so prioritize the categories that are most central to your business right now.

Step 3: Determine Your Filing Basis

Before you file, you need to confirm how you’re using — or planning to use — the trademark. The USPTO requires you to choose a filing basis, and there are two main options for U.S. applicants:

• Use in Commerce (Section 1(a)): You’re already using the trademark in your business — selling products, offering services, advertising, etc. You’ll need to provide a specimen (proof of use) when you file.
• Intent to Use (Section 1(b)): You haven’t started using the trademark yet but have a genuine plan to do so. You can reserve the name now and submit proof of use later.

If you’re already in business and actively using your name, go with Use in Commerce. If you’re still in the planning stage, Intent to Use lets you lock in your claim before you launch. Note that with an Intent to Use filing, you’ll need to submit a Statement of Use before the registration is finalized — this may involve additional fees if you need extensions.

Step 4: Prepare Your Specimen

If you’re filing based on current use in commerce, you need to submit a specimen — this is simply evidence that you’re using the trademark in real business activity. The USPTO needs to see your name or logo in actual use, not just as a design on its own.

Acceptable specimens vary by type of business:

• For products: A photo of your name or logo on the product packaging, a label, or a tag
• For services: A screenshot of your website showing the trademark used in connection with describing your services, a brochure, or a business card
• For online businesses: A webpage screenshot that clearly shows the trademark, a description of the services, and a way to order or contact the business

Your specimen doesn’t need to be perfect, but it does need to clearly show the trademark in actual use. A plain logo without any product or service context won’t be accepted. Take a few minutes to find or create a clean, clear example before you start your application.

Step 5: Create Your USPTO Account and Start the Application

Go to USPTO.gov and create a free account through the Trademark Center portal. This is the official system for filing and tracking trademark applications. Once you’re logged in, follow these steps:

1. Select “File a new application” and choose TEAS Plus for the lowest fee
2. Enter your name, business name, and contact details
3. Type your trademark exactly as you want it registered
4. Specify whether it’s a standard character mark (text only) or a stylized/design mark (a logo)
5. Select your class and description of goods or services from the approved ID manual
6. Choose your filing basis (Use in Commerce or Intent to Use)
7. Upload your specimen if filing under current use
8. Review everything carefully before submitting

Take your time on this step. Mistakes in your application can lead to office actions — official letters from the USPTO requiring you to fix or clarify something. Responding to office actions takes time and can delay your registration by months.

Step 6: Pay the Filing Fee

Once your application is complete and reviewed, you’ll pay the filing fee through the USPTO’s online system. As of 2026, the TEAS Plus fee is $250 per class. This payment is non-refundable, which is why doing your research in Steps 1 and 2 is so important.

Accepted payment methods include credit cards, debit cards, and USPTO deposit accounts. The transaction is secure, and you’ll receive a confirmation email with your application serial number immediately after payment.

What Happens After You File?

Once your application is submitted and the fee is paid, the process moves through several stages. Here’s a realistic timeline for 2026:

• Weeks 1–3: Your application is assigned to a USPTO examining attorney
• Months 3–6: The examiner reviews your application for conflicts and compliance
• If approved: Your mark is published in the Official Gazette for 30 days, during which anyone can oppose the registration
• If no opposition: Your trademark is registered and you receive a certificate
• Total timeline: Typically 8 to 14 months for a straightforward application

During this time, you should keep using your trademark in commerce and watch your email for any correspondence from the USPTO. If an examiner sends an office action, you have three months to respond (with extensions available for an additional fee).

Common Reasons Applications Get Rejected

Knowing what can go wrong helps you avoid it. Here are the most frequent reasons trademark applications are rejected or delayed:

• Likelihood of confusion: A similar trademark already exists in the same or related category
• Descriptive marks: Names that simply describe what you sell (like “Fresh Bread Bakery”) are hard to register
• Primarily merely a surname: Last names alone are generally harder to register unless they’ve developed a strong brand identity
• Incorrect specimen: The proof of use doesn’t clearly show the trademark in connection with the goods or services
• Wrong class selection: The goods/services description doesn’t match the chosen class

If you receive an office action, don’t panic. Many are straightforward to respond to. Read the examiner’s comments carefully, address each point directly, and resubmit within the deadline.

Tips to Keep Your Costs Under $350

Staying within budget is completely doable if you follow a few smart practices:

• File TEAS Plus instead of TEAS Standard to save $100 per class
• Register in only one class if possible, focusing on your core business
• Do your own search thoroughly before filing to avoid wasted fees
• Use a text-only (standard character) mark instead of a stylized logo — it’s easier to process and covers more variations
• Avoid hiring a third-party filing service unless necessary — many charge $200–$400 on top of USPTO fees
• Respond to any office actions yourself if the issue is minor, rather than hiring an attorney

After Registration: How to Keep Your Trademark Active

Getting your trademark registered isn’t a one-time event. You need to maintain it to keep it active. Here’s what that looks like:

• Between years 5 and 6: File a Declaration of Use (Section 8) to confirm you’re still using the mark — fee applies
• Between years 9 and 10: File a combined Declaration of Use and Application for Renewal — fee applies
• Every 10 years after that: Renew again to keep the registration active

As long as you continue using your trademark in commerce and file the required maintenance documents on time, your trademark protection can last indefinitely. Missing a deadline can result in your registration being cancelled, so set reminders well in advance.

Is It Worth Doing Without a Lawyer?

For most straightforward name trademarks — especially text-only marks used in a single category — filing on your own is completely reasonable. The USPTO’s online system is designed to guide applicants through the process step by step. The TEAS Plus application has built-in prompts and a searchable ID manual that makes selecting goods and services much easier than it used to be.

That said, there are situations where professional help makes sense:

• Your name is very similar to an existing mark and you’re not sure how to assess the risk
• You’re filing in multiple classes and the stakes are high
• You’ve received a complex office action that involves legal arguments
• You’re dealing with an opposition from another trademark owner

If you do decide to consult an attorney, look for one who specializes in intellectual property and offers a flat fee for basic trademark filings. Many charge $300–$600 for straightforward cases, which could push your total cost above $350 — but it may be worth it depending on your situation.

Final Thoughts

Trademarking your name doesn’t have to be expensive or confusing. With a $250 TEAS Plus filing, a thorough search, and a few hours of careful preparation, you can secure legal protection for your brand and build your business with confidence. The process takes time — often close to a year — but the protection you receive is real, lasting, and entirely worth the effort.

Start with the search, be honest about whether your name is distinctive enough to register, and follow each step carefully. Your brand name is one of the most important things you own. Protecting it is one of the smartest investments you can make in 2026.