Clothing Brand: Trademark Costs

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The Dojo Business Team

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What are the government filing fees for registering a clothing brand trademark in your home country?

Government filing fees for clothing brand trademarks range from $225 to $350 per class in the United States, depending on the application type you choose.

In the US, the USPTO offers different filing options with varying fees. The TEAS Plus application costs $225 per class but requires you to meet strict filing requirements and use pre-approved descriptions. The TEAS Standard option costs $350 per class and offers more flexibility in how you describe your goods.

Other major markets have different fee structures. In the UK, you pay £170 (approximately $225) per class for online filing. India charges INR 4,500-10,000 depending on whether you're an individual, startup, or company, and whether you file online or offline. These fees are per class, so if your clothing brand covers both apparel (Class 25) and accessories (Class 18), you'll pay double.

The class system is important for clothing brands because fashion businesses often need protection across multiple categories—your brand name might appear on clothes, bags, shoes, and jewelry, each requiring separate class registration and fees.

How much do trademark attorneys or consultants charge for handling a clothing brand application?

Professional fees for trademark attorneys typically range from $1,000 to $2,000 for basic registration services in major markets like the US and UK.

These fees cover essential services including initial consultation, application preparation, filing, and basic correspondence with the trademark office. More comprehensive packages that include trademark searches, multiple classes, or both word and logo marks can cost $3,000 or more. The attorney's experience level and geographic location also influence pricing—attorneys in major fashion hubs like New York or Los Angeles often charge premium rates.

For clothing brands specifically, attorneys with fashion industry experience may charge higher fees but provide valuable insights into brand protection strategies specific to apparel. They understand common pitfalls in the fashion industry, such as descriptive terms that won't qualify for protection or design elements that might conflict with existing brands.

This is one of the strategies explained in our clothing brand business plan.

Many attorneys offer flat-fee packages for straightforward applications, while complex cases involving unique design elements or potential conflicts may be billed hourly at rates of $200-$500 per hour.

What's the cost difference between registering a word mark versus a logo or design mark for a clothing brand?

The government filing fees are identical whether you register a word mark or a logo/design mark—there's no price difference at the trademark office level.

In the US, UK, and most other jurisdictions, you pay the same per-class fee regardless of whether you're protecting just your brand name (word mark) or your logo (design mark). The $225-$350 filing fee in the US applies equally to both types. The distinction matters for protection scope, not cost.

However, the real cost difference emerges when clothing brands want comprehensive protection. Most fashion businesses register both separately—one application for the word mark and another for the logo. This doubles your filing fees, attorney costs, and future maintenance expenses. If you're protecting two classes (clothing and accessories), registering both word and logo marks means four total applications and four times the fees.

Attorney fees might be slightly higher for design marks because they require more detailed descriptions and sometimes additional documentation showing how the design functions as a trademark. Some firms charge an extra $200-$500 for design mark applications due to this additional complexity.

What does it cost to register a clothing brand trademark in multiple classes like clothing and accessories?

Trademark offices charge per class, so registering in multiple classes multiplies your costs proportionally—if one class costs $350, two classes cost $700.

Clothing brands commonly need protection in several classes. Class 25 covers clothing and footwear, Class 18 includes bags and leather goods, Class 14 covers jewelry and watches if you plan to expand into accessories, and Class 35 protects retail services. Each class requires a separate fee payment.

For a typical clothing brand protecting apparel (Class 25) and bags/accessories (Class 18), you're looking at double the costs across the board. In the US, that's $450-$700 in government fees alone using TEAS Plus or Standard. Attorney fees also multiply—instead of $1,000-$2,000, expect $1,800-$3,500 for two classes. Renewal fees down the line will also double, from $300-$500 per renewal to $600-$1,000.

Some clothing brands make strategic decisions about which classes to file in initially versus later. Starting with your core product category (typically Class 25 for apparel) and adding other classes as you expand can spread costs over time, though you risk someone else filing in those classes while you wait.

How much does international trademark registration cost through the Madrid Protocol?

The Madrid Protocol base fee ranges from approximately $740 to $950 (653-903 CHF), plus individual country fees of $100-$850 per designated country.

The Madrid System offers clothing brands a centralized way to protect their trademarks internationally through a single application. The base fee depends on whether your mark is in color (higher fee) or black and white, and whether it's a word mark or includes design elements. This base fee covers the international registration itself but doesn't include protection in any specific countries yet.

Country-specific fees vary widely. Popular fashion markets have different rates: European Union charges around $400-$500, China approximately $300-$400, Japan about $200-$300. Some countries like Switzerland and Norway have minimal additional fees ($50-$100), while others like the US charge $500-$850 per class. For a clothing brand targeting 5 countries in 3 classes, total costs typically reach $3,000-$8,000 including the base fee, country fees, and attorney assistance.

You'll find detailed market insights in our clothing brand business plan, updated every quarter.

Processing time varies by country—some respond within 12 months while others take 18 months or longer. Each designated country examines your application independently and can refuse protection based on local law, potentially requiring local attorney fees to respond.

What's the typical cost of a professional trademark search before filing a clothing brand application?

Professional trademark search reports for clothing brands typically cost between $400 and $900 per mark, depending on the search depth and geographic scope.

A comprehensive search examines existing trademarks, common law uses, business registrations, and domain names to identify potential conflicts before you invest in filing. For clothing brands, this is particularly important because the fashion industry has dense trademark coverage—thousands of brands compete for similar names and visual elements. A basic search covering federal registrations might cost $400-$500, while a comprehensive search including state registrations, common law uses, and international databases runs $700-$900.

The search scope matters significantly for clothing brands planning international expansion. A US-only search costs less than a global search covering EU, China, and other key fashion markets. Many attorneys recommend at least a federal search before filing domestically, and an expanded search before international filings.

Some trademark attorneys include a basic search in their service packages, while others charge separately. DIY searches using free databases can help initially, but professional searches uncover similar marks that algorithms might miss—critical for avoiding costly conflicts after filing.

What are the costs for responding to office actions or objections from the trademark office?

Responding to trademark office objections typically costs between $200 and $2,000, depending on the complexity of the issue and whether you need legal assistance.

Office actions are formal letters from the trademark examiner raising concerns about your application. Common issues for clothing brands include: descriptive terms (like "Soft Cotton Shirts"), likelihood of confusion with existing marks, or insufficient specimens showing the mark in use. Simple issues like providing additional specimens or clarifying descriptions might only require $200-$400 in attorney fees to resolve.

More complex objections require substantive legal arguments and research, pushing costs to $800-$2,000. If the examiner finds your clothing brand name too similar to an existing mark, your attorney must argue the differences or negotiate with the other brand. For design marks, you might need to disclaim certain elements or submit evidence of acquired distinctiveness, requiring additional legal work.

You typically have six months to respond to an office action. Missing this deadline abandons your application, wasting all previous investments. Most office actions are resolvable with proper responses, making this expense worthwhile for clothing brands committed to securing their trademark.

What are the renewal fees and how often must clothing brands renew their trademarks?

Most countries require trademark renewal every 10 years, with renewal fees ranging from $300 to $500 per class in the US, and similar amounts in other major markets.

The US system has a unique mid-term requirement that clothing brands must navigate. Between the 5th and 6th year after registration, you must file a Declaration of Use and pay $100-$200 per class to prove your mark is still in commercial use. Missing this deadline cancels your registration permanently, wasting all prior investments.

For clothing brands with multiple classes and both word and logo marks, renewal costs accumulate significantly. A brand protecting two classes with two marks faces $1,200-$2,000 in renewal fees every 10 years in the US alone. International registrations multiply these costs across jurisdictions.

What does it cost if someone opposes your clothing brand trademark application?

Trademark opposition proceedings cost $250 to file initially, but total legal expenses range from $5,000 to $35,000 if the case proceeds to full trial, with most settling early for $5,000-$7,500.

Opposition occurs when another party believes your clothing brand trademark conflicts with their rights. In the US, after your mark is published for opposition, third parties have 30 days to file a notice of opposition with the USPTO. The $250 filing fee is just the beginning—the real costs come from legal representation needed to defend your application.

Most opposition cases settle within the first few months through negotiation, typically costing $5,000-$7,500 in attorney fees. These settlements often involve agreements to coexist, modify your goods/services description, or amend your mark slightly. If settlement fails and the case proceeds to discovery and trial, costs escalate rapidly to $15,000-$35,000 due to extensive legal work, evidence gathering, and formal proceedings.

We cover this exact topic in the clothing brand business plan.

For clothing brands, oppositions frequently arise from established fashion companies protecting their territory. A proper trademark search before filing helps avoid conflicts, but can't eliminate all risk. Some clothing brands choose to budget $5,000-$10,000 as a contingency for potential opposition defense when launching in competitive markets.

How do costs compare between filing directly in each country versus using international trademark treaties?

Direct national filing in each country typically costs $1,500-$2,500 per country when including government fees and local attorney costs, while the Madrid Protocol offers more cost-effective coverage for multiple countries.

When you file directly in individual countries, each requires separate application fees, local attorney fees (often mandatory for non-residents), and translation costs where applicable. For example, filing directly in the UK, France, Germany, and Italy would cost $6,000-$10,000 total. Each country has unique procedures, forms, and requirements, increasing complexity and legal costs.

The Madrid Protocol streamlines this by allowing one application to designate multiple countries. A clothing brand protecting 5 countries through Madrid might pay $3,000-$5,000 total—significantly less than direct filing. However, Madrid has limitations: not all countries participate, and your international registration depends on your home country registration for the first five years. If your base registration fails, all international extensions fail.

Some countries charge higher fees for Madrid applications than direct filings, particularly the US. Countries like Brazil don't participate in Madrid at all, requiring direct filing regardless. For clothing brands targeting specific key markets, direct filing offers more control and sometimes faster processing, while Madrid suits brands seeking broad international coverage.

What hidden or unexpected costs should clothing brands anticipate in the trademark process?

Beyond standard fees, clothing brands should budget for trademark monitoring services, translation costs, amendment fees, late renewal penalties, and potential enforcement actions.

• Trademark monitoring services: Annual fees of $300-$800 per mark to watch for infringing uses by competitors. Essential for clothing brands to detect counterfeit products or brand dilution early. Without monitoring, you might miss infringement until significant damage occurs.
• Translation and administrative costs: International filings often require certified translations of your application and supporting documents. Each translation costs $50-$300 depending on document length and target language. Countries like China and Japan require translations for most correspondence.
• Amendment and correction fees: If you need to modify your application after filing—changing the goods description or correcting errors—fees range from $100-$500 per amendment. Clothing brands frequently amend to add new product categories as they expand.
• Late renewal penalties: Missing renewal deadlines doesn't immediately cancel your trademark, but grace periods come with surcharges of 50-100% of the regular renewal fee. For a $400 renewal, late filing might cost $600-$800.
• Enforcement and litigation costs: If you discover infringement, cease and desist letters cost $500-$2,000, while actual litigation can exceed $50,000. Clothing brands in competitive markets should budget for at least basic enforcement actions against copycats.
• Specimen submission costs: The US requires specimens showing your mark in commercial use. If you lack proper specimens at filing, you'll need professional photography or mock-ups, costing $200-$1,000 for quality images of clothing products with your brand prominently displayed.

What's the total budget range for securing and maintaining a clothing brand trademark over ten years?

Clothing brands should budget between $4,000 and $25,000 over ten years, depending on geographic scope, number of classes, and whether opposition or enforcement issues arise.

For a single-country registration covering one class with both word and logo marks, minimal complexity, and no significant disputes, the budget breakdown looks like this: Initial filing costs $3,000-$6,000 (government fees, attorney fees, and trademark search for two marks). Mid-term maintenance in the US adds $200-$400 at year 5-6. First renewal at year 10 costs $600-$1,000 for both marks. Monitoring services over ten years add $1,500-$3,000. Total: $5,300-$10,400.

International protection significantly increases costs. A clothing brand protecting their trademark through Madrid Protocol in 5 key fashion markets, covering 2 classes, faces: Initial international filing $5,000-$10,000 (base fee plus country designations and attorney support). Mid-term declarations in applicable countries $500-$1,000. International renewal at year 10 costs $2,000-$4,000 across multiple countries. Opposition defense if challenged in even one market adds $5,000-$15,000. Total: $12,500-$30,000+.

The most significant variable is legal disputes. A clothing brand facing no opposition and minimal office actions stays at the lower budget range. One that faces opposition proceedings or needs to enforce against infringers can easily exceed $25,000 in ten years, as a single opposition defense ($5,000-$35,000) or infringement litigation ($20,000-$100,000+) dramatically increases total costs.

Conclusion

This article is for informational purposes only and should not be considered financial advice. Readers are encouraged to consult with a qualified professional before making any investment decisions. We accept no liability for any actions taken based on the information provided.

Sources

1. USPTO - Trademark Fee Information
2. Tramatm - Trademark Registration Costs by Country
3. Gerben Law - How Much Does It Cost to Trademark a Clothing Brand
4. Dojo Business - Clothing Brand Trademark Cost
5. Mandour Law - Trademark Attorney Cost
6. WIPO - Madrid System Fees
7. Gerben Law - International Trademark Registration Costs
8. Brandstock - Official Trademark Renewal Fees
9. Mandour Law - Trademark Renewal
10. Trademark Litigation Guide - US Trademark Opposition Facts