$249
Service fee
USPTO filing
$350
USPTO filing fee
per class
6-12 mo
USPTO timeline
typical
Renewal
Reminders
lifetime
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Trademark cost in Delaware · USPTO federal coverage
Trademark cost in Delaware: state vs federal
You can register a trademark at two levels: Delaware state trademark for $70 (protection limited to Delaware), or federal USPTO trademark starting at $250 per class (nationwide protection). Most businesses with growth ambitions file federal.
Delaware vs federal trademark comparison
| Filing | Delaware state | Federal USPTO |
|---|---|---|
| Filing fee | $70 | $250-$350 per class |
| Geographic protection | Delaware only | All 50 states + territories |
| Use of ® symbol | No (state TMs use ™) | Yes |
| Federal court access for infringement | No | Yes |
| Processing time | 2-6 weeks | 8-14 months |
| Term length | 5-10 years renewable | 10 years renewable |
When to file Delaware state trademark only
- You only operate inside Delaware and have no plans to expand
- You need quick local protection (state TMs process in weeks vs months for federal)
- You want to test the market before committing to federal filing
- Budget constraint where $70 is feasible but $250+ is not
When to file federal USPTO trademark
- Your brand will operate or sell across state lines
- You sell online (e-commerce inherently crosses state lines)
- You want to use the ® symbol
- You want federal court remedies for infringement
- You plan to license, franchise, or sell the brand someday
File your trademark · state or federal
We handle both Delaware state trademark filings and federal USPTO filings. $0 service fee. Start my trademark
$129/yr Compliance Annual Filings · penalty-free
On the $129/yr Compliance Annual Filings plan, we cover state late fees.
When you autofile your annual report through the $129/yr plan and we miss the deadline, we pay the state's late fee. The guarantee applies to that specific plan and the filings it includes. Other File.Business services are billed at the prices on this page.