Protecting your brand in the US is an important step in building your business. The following example will give you an idea of the minimum costs of applying for a trade mark directly with the USPTO or through the Madrid Protocol.

The following costs are based on a self-filed application, in-commerce, for a standard (word) trade mark in one class. This example assumes that no extensions or amendments are required.

Filing directly with the USPTO

If you were to electronically file your application directly to the USPTO, the most popular filing basis (TEAS RF) costs $275 US dollars (USD) or $371 Australian dollars (AUD) per class of goods/services.

When filing directly with the USPTO fees are payable in USD. There are many factors for determining the filing fee for an initial application. Almost all trademark fees for any part of the process are calculated on a ’per class basis’, which will make overall fees higher if goods/services fall in more than one class.  For an up-to-date list of the USPTO’s trade mark fees check out the fee schedule on their website.

 *these examples are indicative only and subject to foreign exchange rates, for up to date fees please visit the USPTO’s fee schedule.

Filing using the Madrid Protocol

If you were to file through the Madrid Protocol, to the US only, the minimum fees payable for a trade mark in one class would be approximately* $1,041 Swiss francs (CHF) or $1,399 Australian dollars (AUD).

If you choose to apply for a trade mark using the Madrid Protocol your fees are payable to WIPO in Swiss francs (CHF). The Madrid Protocol also allows you to extend your protection into other countries either at the time of filing your initial application or at a later date, this is subject to further fees. 

Before applying, you can estimate the fees payable by using the fee calculator available on WIPO's website. For the most accurate result, make sure you use the calculator as close as possible to when you plan to file your application to account for any fee changes that may have taken effect.

*these examples are indicative only, for up to date fees please visit the WIPO’s fee calculator.