Question 1

What is the total cost to file a trademark?

Accepted Answer

Two separate charges apply to every filing: (1) TradeMaker's preparation fee — $199 Basic, $299 Standard, or $499 Premium — and (2) the USPTO government filing fee of $350 per class. For a single-class Basic filing, your total is $549. The class search itself is free. We show this breakdown before you pay anything.

Question 2

Why is there a separate USPTO fee?

Accepted Answer

The USPTO charges a mandatory government fee for processing trademark applications. Every filer pays it — whether you use TradeMaker, LegalZoom, an attorney, or file directly yourself. It is $350 per class under TEAS (the current unified fee structure since January 2025). We collect our preparation fee separately; we never bundle the USPTO fee into our price.

Question 3

Are there any fees I won't see until checkout?

Accepted Answer

No. The pricing page and every intake step show both the TradeMaker fee and the USPTO fee. If you file in two classes on the Basic plan, you will see $199 + $700 (2 × $350) before you enter payment information. No surprises.

Question 4

What is the $200 non-compliant surcharge?

Accepted Answer

If your goods and services descriptions do not use language from the USPTO ID Manual, the USPTO charges an additional $200 per class. Our tools generate ID Manual-compliant descriptions automatically, eliminating this surcharge.

Question 5

Can I start with the free Class Search and upgrade later?

Accepted Answer

Yes. The Class Search is free and requires no account. When you're ready to file, choose Basic ($199), Standard ($299), or Premium ($499) — your class selections carry over automatically.

Question 6

How long does trademark registration actually take?

Accepted Answer

The full process typically runs 12–18 months from the date of filing. The USPTO conducts an initial formality review within 1–3 months, followed by substantive examination at 3–6 months. If no Office Action is issued, the mark is published for a 30-day opposition period, then registration is granted. We track every milestone and notify you at each one.

Question 7

What happens after I pay TradeMaker?

Accepted Answer

Your application materials are prepared and reviewed for completeness. You approve the final draft, then we submit to the USPTO Trademark Center. A serial number is assigned immediately upon filing. From there: formality review → examination → publication → registration. Your dashboard reflects each change and you receive notifications for any action required.

Question 8

What is an Office Action and what do I do if I get one?

Accepted Answer

An Office Action is a written communication from the USPTO examiner raising an objection or requesting clarification. Common reasons include likelihood of confusion with an existing mark, descriptiveness of the mark, or issues with the goods and services description. You have 3 months to respond (extendable to 6 months for a fee). Simple responses — like amending a description — can often be handled without an attorney. Likelihood-of-confusion and descriptiveness refusals typically benefit from legal counsel. We will flag the Office Action in your dashboard and refer you to Melivate Group if legal representation is advisable.

Question 9

What is the difference between 1a (Use in Commerce) and 1b (Intent to Use)?

Accepted Answer

1a means you are already using the mark in commerce — selling goods or services under that name. You must provide a date of first use and a specimen. 1b means you intend to use the mark but have not started yet. After your application is approved, you have 6 months to file a Statement of Use showing actual use (extendable up to 3 years total). 1b is the right choice for brands launching in the near future.

Question 10

Do I need a specimen and what counts as one?

Accepted Answer

A specimen is required for 1a (Use in Commerce) filings. It must show the mark actually being used in commerce — not just a design concept. For goods: a photo of the mark on the product or its packaging. For services: a screenshot of your website showing the mark alongside a description of your services. Business cards, invoices, and letterhead alone are not acceptable specimens.

Question 11

Is TradeMaker a law firm?

Accepted Answer

No. TradeMaker is a filing preparation platform. We organize and prepare application documents for self-represented filers. We do not provide legal advice, legal opinions, or attorney representation. No attorney-client relationship is formed by using TradeMaker.

Question 12

Do I need an attorney to file a trademark?

Accepted Answer

U.S.-domiciled applicants may file directly with the USPTO without an attorney. TradeMaker is built for this path. However, an attorney is strongly advisable if: your mark faces a likelihood-of-confusion refusal; a similar mark exists and you are unsure of the risk; you are filing internationally; you need to oppose another trademark; or your mark is potentially descriptive or generic. For these situations, we refer clients to Melivate Group.

Question 13

What is Melivate Group?

Accepted Answer

Melivate Group is a legal services firm and our trusted referral partner for clients who need attorney representation. They handle full trademark legal counsel, office action responses, opposition proceedings, and complex multi-class or international filings. You can reach them at melivate.com.

Question 14

Can TradeMaker guarantee my trademark will be approved?

Accepted Answer

No, and any service that implies otherwise is being misleading. USPTO examination is an independent federal process. Approval depends on the examiner's review, existing trademark registrations, and many factors outside our control. We improve your chances by preparing a complete, compliant application — but we cannot control the outcome.

Question 15

What happens if I file in the wrong class?

Accepted Answer

Filing in the wrong class provides no legal protection for those goods or services — even if your application is approved. If a competitor uses your mark in a class you did not file in, you have little recourse based on your registration. Class selection is the single most consequential decision in the filing process, which is why it is our first step.

Question 16

How does TradeMaker's class search work?

Accepted Answer

You describe your business and the products or services you sell. Our tools map your description to the correct Nice Classification classes across all 45 categories, flag classes you may have missed, and generate ID Manual-compliant goods and services descriptions for each class. You review and confirm before proceeding.

Question 17

Can I add classes after filing?

Accepted Answer

No. You cannot add classes to an existing application after it is filed. If you realize you missed a class, you must file a new, separate application for those goods or services. This is another reason we walk through class selection carefully before submission.

Frequently Asked Questions

Fees & Pricing

The Process

Legal & Representation

Class Selection

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