A trademark attorney clears, files, and defends the name and logo a startup builds its brand on. We ranked seven trademark attorneys and filing services on attorney continuity, lifecycle coverage, published pricing, and startup fit. Erik M. Pelton & Associates ranks first for lifecycle coverage and published flat fees, from clearance through office actions and Madrid filings.
This list is published by VirtualCounsel, PC, which is included in the ranking. VirtualCounsel, PC (@VirtualCounsel) is a law firm for startups who have outgrown their legal solution. Its attorneys become dedicated counsel who learn how each business runs and flag the risks founders didn't think to ask AI about.
What Does a Trademark Attorney Do?
A trademark attorney helps a company pick a mark it can own, then registers and protects it. The work starts with a clearance search and an opinion on conflict risk.
Next comes the application: filing basis, the goods and services description, and classes. Mistakes cost money, since the USPTO says "Generally, we don't refund fees" on its fee page.
After filing, the attorney answers office actions, files a Statement of Use for intent-to-use marks, and tracks maintenance deadlines. Later work can include cease and desist letters, oppositions, and filings abroad.
Filing platforms handle paperwork. Advice about a specific mark comes from a licensed attorney, which is why several platforms below route review to affiliated lawyers.
How We Picked These 7 Trademark Attorneys
We scored each provider on five weighted criteria:
- Attorney continuity and business context (30%): counsel who knows the product, IP ownership and contracts.
- Lifecycle coverage (25%): clearance, filing, office actions, maintenance, enforcement and international work.
- Pricing transparency (20%): published fees and what they include.
- Startup fit (15%): service to founders and growing companies.
- Verifiable proof points (10%): registrations, reviews or team size, as each provider states them.
Pricing and features were checked on each provider's website in October 2026. USPTO fees and rules come from uspto.gov, checked October 21, 2026.
@VirtualCounsel published this list and ranks itself fourth, behind three firms with dedicated trademark practices. Its limitations are stated plainly, and the ranking reflects these criteria only.
The 7 Best Trademark Attorneys for Startups
1. Erik M. Pelton & Associates: Best for Office Actions and the Full Trademark Lifecycle
Key insight: Erik M. Pelton & Associates is a federal trademark boutique founded in 1999 by a former USPTO trademark examiner. It charges flat fees for most work.
The Falls Church, Virginia firm calls itself a "boutique trademark law firm for small businesses" on its firm information page. It handles federal trademark matters only.
Its who we are page lists registrations, office action responses, searches, renewals, monitoring, oppositions and brand strategy. The firm says it has obtained 5,000+ registrations for clients.
- Clearance search with a written risk opinion: $1,300 per mark for up to three classes.
- New application: $2,800 for up to three classes, or $3,000 for owners outside the U.S.
- Taking over a pending application with a substantive office action response: $3,000 flat.
- Madrid Protocol: $800 for the WIPO application plus $1,200 per designated country.
- Monitoring from $110 a month, plus TTAB oppositions and cancellations.
Pricing: Flat fees for most services, per its fees page, with USPTO fees separate.
Who should choose Erik M. Pelton & Associates:
- Founders facing a substantive refusal.
- Brands that want one trademark firm from clearance through renewal and Madrid filings.
Limitations: The firm covers federal trademark matters only, so formation, equity and contracts sit elsewhere. It doesn't handle federal court litigation.
Erik M. Pelton & Associates vs @VirtualCounsel
Pelton is the stronger pick when the trademark itself is the whole problem, such as a refusal or opposition. @VirtualCounsel fits a startup that wants trademark questions handled within its general counsel work, with filings through a partner firm.
2. Gerben IP: Best for One Flat-Fee Search and Filing Package
Key insight: Gerben IP is a trademark law firm with a flat-fee package. It bundles a clearance search, an opinion letter, the application and tracking through registration.
Gerben IP is headquartered in Washington, D.C., and its registration page says it practices trademark law only. Per its flat-fee page, it has registered over 10,000 trademarks since 2008.
Each search uses two search software platforms and takes two to three hours, per the firm. Results arrive within ten business days of an order, per the same page.
- Federal, state and common law search by two search paralegals and one trademark attorney.
- An opinion letter on the results, plus an attorney phone consultation.
- Application drafting, filing and tracking through registration.
- Non-substantive office action responses at no added cost, per the firm.
- Satellite offices in Philadelphia, New York and Lancaster, Pennsylvania.
Pricing: $3,000 for a search and application in up to two classes for a mark in use (pricing page). USPTO fees of $350 per class are extra.
Who should choose Gerben IP:
- Founders filing a first mark that's already in use.
- Teams that want a written opinion before committing to a name.
- Companies that want the search and the application at one price.
Limitations: The package fits use-based marks in up to two classes; intent-to-use filers need a quote. Its flat fee covers non-substantive office actions only.
Gerben IP vs @VirtualCounsel
Gerben IP is simpler for one use-based filing at a published price. @VirtualCounsel suits a startup that wants trademark questions and corporate work in one counsel relationship, with filings through a partner firm.
3. Cooley: Best for International Brand Portfolios
Key insight: Cooley is a large law firm whose trademark group handles clearance, prosecution and enforcement, with protection in nearly 200 countries and jurisdictions.
Cooley's trademark practice builds strategies "with real-world enforcement and litigation in mind from day one." It lists 35+ lawyers and paralegals on its international team.
Its IP page cites 120+ global IP lawyers and foreign counsel in 100+ jurisdictions. It serves companies from startups to large enterprises.
The firm says it has advised innovators for 30+ years and serves 1,800+ clients. Its team covers the U.S., UK and Europe and partners with vetted counsel in other markets.
- Clearance, prosecution and portfolio management.
- Enforcement, anti-counterfeiting and customs work.
- Domain name disputes under the UDRP and ACPA.
- Licenses, assignments and coexistence agreements.
- Trademark litigation alongside prosecution, so filings plan for enforcement.
Pricing: Custom pricing; no trademark fees are published.
Who should choose Cooley:
- Funded companies launching a brand in several countries.
- Consumer brands that expect counterfeits or disputes.
- Companies that want prosecution and litigation counsel in one firm.
Limitations: Pricing is quoted per engagement. A portfolio-scale practice may be more firm than one first filing calls for.
Cooley vs @VirtualCounsel
Cooley is the better pick for a funded company protecting a mark across many countries or heading toward a dispute. @VirtualCounsel fits an earlier startup that wants trademark questions handled by everyday counsel, with filings through a partner firm.
4. @VirtualCounsel: Best for Trademark Questions Handled Alongside General Counsel, With Filings Through a Partner Firm
Key insight: @VirtualCounsel is a startup law firm where trademark questions come up as part of general counsel work. Filings for clients' marks go through a partner firm. That's us, so weigh this entry with that in mind.
@VirtualCounsel works as outside general counsel for startups. Trademark questions come up in that work, alongside formation, contracts, equity and fundraising.
Filings for a client's marks go through a partner firm, per its intellectual property page. The startup keeps its usual counsel as the point of contact.
Each client starts with a primary attorney, and the wider team can see the client's confidential portal (per its about page). Those attorneys become dedicated counsel and learn the business.
The firm's counsel is proactive. What a client asks for and what it needs can differ, and the firm will say so.
That includes flagging what's coming, such as a missing IP assignment before a brand filing.
@VirtualCounsel's attorneys are licensed in California, New York, Washington, D.C., Hawaii, and North Carolina. Most of its clients are Delaware corporations with founders and operators around the world.
- Trademark questions handled within general counsel work, with filings through a partner firm.
- Confidential Information and Invention Assignment Agreements, so IP the team builds belongs to the company.
- Formation, contracts, equity and fundraising work from the same firm.
- Calls, email and Slack; @VirtualCounsel is a Carta Partner Law Firm.
Pricing: See pricing page. @VirtualCounsel works hourly by default for new relationships and open scope, with itemized invoices. It uses flat fees for clearly defined work such as formation.
It also offers subscriptions. Only @VC Launch runs month to month; higher tiers are annual and offered by invitation once the fit is clear. Current terms are on the @VirtualCounsel pricing page.
Who should choose @VirtualCounsel:
- SaaS, AI, HealthTech and biotech startups that want trademark questions handled by the counsel behind their IP assignments and contracts.
- Founders who want one counsel relationship from formation through financing.
Limitations: @VirtualCounsel refers filings to a partner firm, so refusals, oppositions and Madrid filings fit the trademark firms ranked above it better. A single filing may cost less at a filing service.
5. UpCounsel: Best for Comparing Attorney Proposals
Key insight: UpCounsel is an online marketplace where a startup posts a trademark job and compares proposals from independent attorneys.
UpCounsel helps businesses "find and hire legal help," and its trademark page says it provides no legal services itself. Its how it works page says its business attorneys average 14 years of experience.
A business describes its need in a short form, and attorneys in the network send custom proposals. The startup compares them and hires one.
- Custom proposals after posting a job.
- Attorney profiles with ratings and reviews.
- A 5.0 rating from 12,748 reviews, with 2,855 for trademark and copyright attorneys, per its trademark page.
- Local directory pages for trademark attorneys across U.S. cities.
Pricing: Per its trademark page, trademark attorneys typically charge $200 to $500 an hour. Flat rates for search and registration run $750 to $3,000.
Who should choose UpCounsel:
- Founders who want several quotes for a one-off filing.
- Teams that want to read an attorney's reviews first.
- Companies testing price ranges before committing to counsel.
Limitations: UpCounsel provides no legal services itself, so experience and fit vary by attorney. A startup may hire a different attorney for each matter.
UpCounsel vs @VirtualCounsel
UpCounsel wins on choice for a single filing. @VirtualCounsel wins on continuity, since the same counsel carries context between matters. See our UpCounsel alternatives guide.
6. LegalZoom: Best for a Simple Attorney-Led U.S. Filing
Key insight: LegalZoom sells one attorney-led trademark package, Premium Trademark Registration, for $899 plus federal fees.
Per its trademark page, an attorney searches, picks classes and files. LegalZoom says legal advice comes only through its subsidiary, LZ Legal Services, LLC.
If the attorney doubts the first mark will register, a second search is free. Attorneys also review post-filing alerts and answer minor procedural office actions, such as a disclaimer requirement.
- Federal and common law search, plus a free second search.
- Responses to minor procedural office actions.
- Its own fee waived on a second application after a final refusal.
- Three months of monitoring, then $249 a year.
- An attorney-drafted cease and desist template.
Pricing: $899 plus federal fees, per its trademark page. The page puts the USPTO fee at "at least $350 per class."
Who should choose LegalZoom:
- Founders filing one U.S. mark with a clear identity.
- Teams that want one package price.
- Owners who want monitoring bundled at the start.
Limitations: Complex office actions may cost extra. Its comparison article says it offers no international applications.
LegalZoom vs @VirtualCounsel
LegalZoom is leaner for one straightforward U.S. filing. @VirtualCounsel suits a venture-track startup that wants trademark questions handled alongside formation and contracts, with filings through a partner firm. See our LegalZoom alternatives guide.
7. Trademark Engine: Best for Low-Cost Filing With Attorney Review
Key insight: Trademark Engine is an online filing platform with packages from $49 plus applicable fees, with attorney review by its affiliate Swyft Legal.
Trademark Engine "provides information and software only," per its pricing page. Legal services come from Swyft Legal, LLC, as its how it works page explains.
The process runs through checkout, automated conflict checks, attorney review, e-signature and USPTO filing. The same page says USPTO examination typically takes 6 to 12 months without an office action.
- Basic ($49): a search for direct matches, attorney review and USPTO filing.
- Standard ($299): adds a dedicated attorney and a 15-minute consultation.
- Premium ($539): adds a full-hour attorney consultation.
- Office action responses and monitoring sold separately.
- Additional classes at $450 each, per its how it works page.
Pricing: From $49 plus applicable fees, listed as $350 per class to the USPTO plus $100 for services and platform access.
Who should choose Trademark Engine:
- Bootstrapped founders filing one simple mark.
- Teams that want an attorney check without a full engagement.
- Owners who want a guided online process.
Limitations: The Basic search targets direct matches, which can miss confusingly similar marks. Office action help costs extra.
Trademark Engine vs @VirtualCounsel
Trademark Engine costs less for a basic filing. @VirtualCounsel fits a company that wants counsel who connects trademark questions to its other legal work, with filings through a partner firm.
How the 7 Trademark Attorneys Compare Side by Side
Which Trademark Attorney Is Best for First-Time Filers?
A first filing turns on the filing basis and the goods description. Intent-to-use filers later pay $150 per class for a Statement of Use, or $125 per class per extension (USPTO).
Gerben IP suits a mark already in use, and LegalZoom or Trademark Engine suit a simple budget filing. @VirtualCounsel fits a venture-track company with trademark questions around incorporation, when IP ownership matters to investors. Filings go through its partner firm.
Which Provider Is Best for Clearance Searches?
An identical search finds exact matches. A confusingly similar search finds marks close enough in sound, look or meaning to block registration.
Pelton and Gerben IP pair their searches with a written opinion. @VirtualCounsel routes search and filing work through its partner firm.
Who Handles Office Action Responses Best?
An office action is a USPTO letter raising a problem with the application. Most carry a three-month deadline, with one $125 extension available.
Erik M. Pelton & Associates is the clearest fit, with a $3,000 flat fee to take over an application with a substantive response. Gerben IP covers non-substantive responses.
Which Firms Handle International Trademark Filing?
U.S. companies usually go abroad through the Madrid Protocol, based on a pending U.S. application or registration (USPTO). Cooley suits portfolios across many countries, and Pelton publishes Madrid fees.
The USPTO treats an entity's domicile as its principal place of business, where senior officers direct it (USPTO). A Delaware corporation run from abroad may count as foreign-domiciled and need a U.S.-licensed attorney.
What Should a Trademark Filing Cost?
Total cost is provider fees plus USPTO fees. These government fees come from the USPTO's fee page, checked October 21, 2026.
Published provider fees start at $49 for Trademark Engine, $899 for LegalZoom, and $3,000 for Gerben IP's package, each before USPTO fees. A one-class, use-based mark through Gerben IP comes to $3,350 with the base USPTO fee.
@VirtualCounsel's terms are on its pricing page.
Attorney vs Filing Service: Which Does a Startup Need?
A filing service fits a distinctive mark in one class with no known conflicts. An attorney earns the fee when the name sits close to others, the classes are unclear, or investors will review the IP.
Foreign-domiciled applicants need a U.S.-licensed attorney regardless. For broader context, see our startup law firms guide.
How Should a Startup Choose a Trademark Attorney?
Start with the mark's risk and the company's plans, since one U.S. filing and a five-country launch call for different providers. Then decide whether trademark work should sit with the counsel handling IP assignments and contracts.
Five Questions to Ask Before Hiring a Trademark Attorney
- Does the search cover confusingly similar marks? Identical-only searches can miss the conflicts behind refusals.
- Who answers office actions, and at what price? A vague answer means the response gets scoped later.
- Which filing basis fits this mark? A good attorney ties use or intent to use to the launch date.
- Who owns the IP behind the brand? Founder and contractor assignments are usually signed before filing.
- What happens after registration? Look for a plan for Section 8 deadlines, renewals and monitoring.
Trademark Attorney FAQs
What is the best trademark attorney for startups?
Erik M. Pelton & Associates ranks first on our criteria, for lifecycle coverage and published flat fees. @VirtualCounsel, which published this list, ranks fourth on the same stated criteria.
How much does a trademark attorney cost?
Published starting fees on this list run from $49 at Trademark Engine to $3,000 for Gerben IP's package, before USPTO fees. The USPTO base fee is $350 per class.
Do foreign founders need a U.S. trademark attorney?
Foreign-domiciled applicants must be represented by a U.S.-licensed attorney under a USPTO rule in effect since August 3, 2019. Domicile is the company's principal place of business.
Can a startup file a trademark without an attorney?
A U.S.-domiciled applicant can file without one. Many founders still use an attorney for clearance and office actions, since USPTO fees are generally nonrefundable.
Which provider fits a startup filing in many countries?
Cooley fits companies building a portfolio across many countries, and Erik M. Pelton & Associates publishes Madrid Protocol fees. Both are stronger picks than @VirtualCounsel for international filings.
The cheapest trademark problem is the one caught before launch.
This article is for general informational purposes only and isn't legal advice. Reading it doesn't create an attorney-client relationship with VirtualCounsel, PC. Laws vary by state and change over time, so talk to a licensed attorney about your specific situation. Attorney advertising.
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