Trademark Registration for the Small to Medium Enterprise

For a Small to Medium Enterprise (SME), a trademark is more than just a logo; it is a primary business asset. While “common law” rights exist simply by using a name in business, they are geographically limited and difficult to enforce. Federal registration provides nationwide exclusivity, deters competitors, and creates a clear legal path for defending the brand’s reputation.

Benefits of Registration

Registering your trademark with the USPTO (U.S. Patent and Trademark Office) provides several high-value advantages:

• Legal Presumption of Ownership: Registration provides “prima facie” evidence that you own the mark and have the exclusive right to use it nationwide. In a legal dispute, the burden of proof shifts to the challenger.
• Public Notice: Your mark appears in the USPTO database, which serves as a deterrent to other businesses searching for similar names before they launch.
• Enforcement Power: It grants the right to bring lawsuits in federal court and allows you to record the registration with U.S. Customs and Border Protection to block the importation of infringing or counterfeit goods.
• Asset Valuation: A registered trademark is an intangible asset that increases the company’s valuation for potential investors, mergers, or acquisitions.
• The ® Symbol: You may only use the ® symbol once the mark is officially registered, which signals professional legitimacy to customers.

Costs and Fees (2026 Estimates)

In January 2025, the USPTO updated its fee structure. Costs are calculated per class of goods or services (e.g., if you sell both “clothing” and “retail services,” you may need to pay for two classes). However, additional charges and fees were added that could increase the costs of a federal registration, which are summarized below:

Fee Type	Electronic Filing (Standard)	Notes
Base Application Fee	$350 (per class)	Per class of goods/services.
Custom ID Surcharge	$200 (per class)	If you don’t use the USPTO’s pre-approved descriptions.
Insufficient Info Fee	$100 (per class)	Penalty for missing basic data in the initial filing.
Extension of Time	$125	In some parts of trademark prosecution, extensions are available in order to extend the time to file a particular document. This is a one-time fee, and per instance.
Statement of Use	$150	Required if you filed as “Intent-to-Use” (section 1(b)) when filing the application.

Note: These do not include private attorney fees, which typically range from $800 to $2,000 for a comprehensive search and filing. Responses to office action also incur attorney’s fees of roughly the same amount. (It is highly advised to use an attorney because many of these office actions are very trademark law-specific, and having a trademark attorney prepare the response is necessary in filing a proper response).

Risk of Infringement

Operating without a registered trademark exposes an SME to two primary directions of risk:

Defensive Risk (Being Sued)

Without a thorough federal search (which usually precedes registration), you might unknowingly use a name that is “confusingly similar” to an existing mark. This can lead to:

• Cease and Desist Orders: Immediate halt of all marketing and sales.
• Rebranding Costs: The expensive process of changing logos, websites, and signage.
• Damages: Courts can award the plaintiff your profits or statutory damages.

Offensive Risk of Protecting Your Brand

If a competitor uses your name, having a registration makes it significantly cheaper and faster to stop them. Without it, you must prove ownership and geographic priority, which is a much higher—and more expensive—legal hurdle.

If you need assistance in filing a new trademark application, please contact Yonaxis I.P. Law Group.

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This blog post provides general information about trademark application preparation and filing, and should not be construed as legal advice. For specific guidance on any trademark issues, consult with a qualified trademark attorney at Yonaxis I.P. Law Group.