Trademarks · October 19, 2026
How Much Does It Cost to Trademark a Business Name in Irvine, California?
The trademark cost to register a business name in Irvine, California starts with the USPTO base application fee of $350 per class, effective January 18, 2025, plus any surcharges, later use filings, and attorney fees for search and filing. Most owners also budget for maintenance filings every few years. Learn more about trademark registration in Irvine or our trademark services.
What Is the Typical Trademark Cost to Register a Business Name?
The typical trademark cost for one business name in one class starts at $350 in USPTO government fees, and the total usually rises once you add a clearance search, attorney time, and later filings. The USPTO replaced its old TEAS Plus and TEAS Standard options with a single base application of $350 per class on January 18, 2025. If your name covers both products and services, such as supplements and online retail, you may need two or more classes, and each one carries its own fee. Surcharges can apply if the application is incomplete or uses custom wording. Intent-to-use applicants also pay to file a Statement of Use later. Because fees are per class, the most useful early step is deciding exactly which goods and services the name must cover before you file anything.
What Are the USPTO Trademark Filing Fees and Surcharges in 2026?
Under the USPTO fee rule that took effect January 18, 2025, and still listed on its fee page in 2026, a new application costs $350 per class, with surcharges added when the filing is incomplete or uses free-form descriptions. The surcharges are designed to reward applicants who choose pre-approved wording from the USPTO ID Manual and supply complete information at filing. A business that writes its own description of goods or services can pay hundreds of dollars more per class than one that uses standard entries. Long descriptions also add cost in 1,000-character blocks. These figures are government fees only, so they do not include search reports, attorney fees, or specimen preparation. Here is the current USPTO schedule for the filing stage:
- Base application (Section 1 or 44): $350 per class
- Insufficient information surcharge: $100 per class
- Free-form text instead of the ID Manual: $200 per class
- Each additional 1,000 characters of free-form text: $200 per affected class
- Petition to revive an abandoned application: $250
How Much Do Trademark Attorneys Charge in Irvine, CA and Orange County?
Trademark attorney fees vary by firm and by how much work the name needs, and published flat fees nationwide commonly fall in the hundreds to low thousands of dollars per application. A 2026 national summary of published law firm prices, checked in October 2026, found filing fees of roughly $500 to $950 per application, search and opinion work from about $150 to $1,500, and office action responses from about $250 to $1,500 depending on complexity. These are national estimates, not Irvine or Orange County quotes, and they exclude USPTO fees. Costs rise when an examiner raises a likelihood of confusion refusal or when the goods cross several classes. At our firm, attorney fees are not published and are discussed during a free consultation, after we understand the name, the markets you sell in, and the classes involved.
What Costs Come After Filing, Like Statements of Use and Maintenance?
After filing, the main costs are the Statement of Use for intent-to-use applications and the maintenance filings that keep a registration alive. If you file before you start selling, the USPTO issues a Notice of Allowance, and you then have six months to file a Statement of Use or request an extension. Extensions come in six-month blocks, up to five in total, with a fee for each class. Once registered, federal law requires a declaration of use between the fifth and sixth year and renewal every ten years, with a six-month grace period that carries a surcharge. Missing these deadlines can cancel the registration, so many owners calendar them on the day the certificate arrives. The current USPTO post-filing fees per class are:
- Statement of Use or Amendment to Allege Use: $150
- Extension of time to file a Statement of Use: $125
- Section 8 declaration of use: $325
- Section 15 declaration of incontestability: $250
- Combined Section 8 and 9 renewal at year ten: $650
- Grace period surcharge for Section 8 or renewal: $100
Is a California State Trademark or DBA Cheaper Than a Federal Trademark?
A California state trademark is cheaper at $70 per class through the Secretary of State, and an Orange County fictitious business name filing is cheaper still, but neither gives the nationwide protection of a federal registration. A state registration only covers California, lasts five years, and requires that the mark already be in use. A DBA, filed with the Orange County Clerk-Recorder for $23 for the first name and registrant as of January 1, 2026, simply tells the public who operates under that name. It does not stop a competitor from using a similar name. Forming an LLC or corporation works the same way, since entity approval is not a trademark clearance. Many Irvine businesses file a DBA for banking and a federal application for brand protection, since the two filings serve different purposes.
Is It Worth Trademarking Your Business Name, and What Is the Cheapest Way?
For most businesses that plan to grow beyond one location or sell online, a federal trademark is worth the cost because it creates nationwide priority from the filing date and legal presumptions of ownership. Under 15 U.S.C. 1057, a registration on the Principal Register is prima facie evidence of validity, and filing the application counts as constructive use nationwide. Registration also lets you use the ® symbol, which matters because owners who skip notice may lose profits and damages in some infringement cases. The cheapest path is to file one class using ID Manual wording, which avoids free-form surcharges. Skipping a clearance search to save money can backfire, since a refusal or rebrand often costs far more. If you sell supplements, our guide to trademarking a supplement brand name covers class choices in more detail.
Where Can You Get Help With Trademark Costs in Irvine, CA?
You can get help planning your trademark budget from mjIP, an intellectual property law firm at 1 Park Plaza Suite 600 in Irvine that works with businesses across Orange County, San Diego, and the Bay Area. We can review your business name, recommend classes, explain USPTO fees and timing, and walk you through what happens after filing. Our trademark registration page for Irvine explains the process, and our article on how long trademark registration takes covers timing. Attorney fees are discussed at a free consultation. Call (949) 833-7125 or use our contact page to schedule a time. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.
Common Questions
Frequently Asked Questions About Trademark Costs in Irvine, CA
A federal trademark starts at $350 per class in USPTO fees under the January 18, 2025 fee rule, before attorney fees, search costs, and any surcharges. A California state trademark costs $70 per class through the Secretary of State but only covers California. Many businesses choose the federal route because it offers nationwide priority and stronger enforcement tools.
The lowest government cost is a single-class USPTO application that uses pre-approved ID Manual wording and complete information, which avoids the $100 and $200 per class surcharges. Filing yourself saves attorney fees, but errors in classes, specimens, or ownership can lead to refusals that cost more to fix than the savings.
For many businesses, yes. Federal registration gives a legal presumption of ownership and validity, nationwide priority from the filing date, and the right to use the ® symbol. It also supports marketplace enforcement programs. A business that stays local and low risk may weigh the cost differently, so a short review of goals helps.
A DBA or LLC registration does not give trademark rights. It records your business name for legal and banking purposes, but it does not stop another company from using a confusingly similar brand. A trademark search and federal application are separate steps that protect the name as a brand for specific goods or services.
Under current USPTO fees, the Section 8 declaration filed between years five and six costs $325 per class, and the combined Section 8 and 9 renewal at year ten costs $650 per class. Late filings during the six-month grace period add a $100 per class surcharge, and missed deadlines can cancel the registration.
You need one class for each category of goods or services the name will cover, and each class carries its own $350 USPTO fee. A supplement brand that also runs a wellness blog or retail site may need several. Reviewing your product roadmap before filing helps avoid paying for classes you do not need. See our trademark page.