How to Trademark a Business Name

Search Before You File

Before spending any money on an application, search the USPTO's trademark database for names and logos that are identical or confusingly similar to yours, in a related class of goods or services. A name that's already registered, or even in active use without being registered, can block your own application or expose you to a dispute later, so this search is worth doing thoroughly, not just a quick check of the exact name.

Understand What a Trademark Actually Protects

A trademark protects a name, logo, or slogan used to identify your goods or services in the marketplace, separate from your business's legal name. Registering an LLC or corporation with your state's Secretary of State establishes your business as a legal entity and generally prevents another business from registering an identical entity name in that state, but it does not give you federal trademark rights. Federal trademark protection comes only from registering with the USPTO, or in some cases from actually using the mark in commerce, which can create limited common-law rights even without registration.

Choose the Right Basis to File On

You can file based on current use of the mark in commerce, providing a specimen showing the mark on your goods or in connection with your services, or based on a bona fide intent to use the mark in the future. An intent-to-use application requires you to actually begin using the mark and file additional paperwork before registration completes, which adds time and cost compared to filing based on existing use.

Classify Your Goods and Services Correctly

Trademark applications are filed by class, a numbered category covering specific types of goods or services, and your fee is charged per class. Use the USPTO's own identification list to describe your goods or services where possible, since a free-form description outside that list carries an added fee per class.

Understand the Current Fees

The USPTO's base application filing fee is $350 for each class of goods or services in a qualifying application. Additional fees apply in specific situations: $100 per class if the application is missing required information, $200 per class if you use a free-form description instead of the USPTO's standard identification list, and $200 per class for each additional group of 1,000 characters beyond the first 1,000 in your description. Confirm current fees directly on the USPTO's fee schedule before filing, since they can change.

Follow the Application Through Examination and Publication

Once filed, a USPTO examining attorney reviews your application for conflicts and compliance with filing requirements. If it's approved, the mark is published in the USPTO's Official Gazette for a period during which another party can oppose the registration. If no opposition succeeds, the mark proceeds to registration. Processing times vary, so check the USPTO's current wait-time data rather than assuming a fixed timeline.

Maintain the Registration After It Issues

A registered trademark isn't permanent without upkeep. The USPTO requires a Declaration of Use and/or Excusable Nonuse between the 5th and 6th year after registration, and a combined declaration and application for renewal between the 9th and 10th year, repeating every 10 years after that. Each of these filings requires showing continued use of the mark, with a specimen per class, and missing the deadline, even with the six-month grace period, can result in cancellation.

Decide Whether to Use an Attorney

The USPTO allows an applicant to file their own trademark application without an attorney, though a trademark attorney can help with the search, choosing the right classes, and responding to an examining attorney's objections, which can otherwise delay or derail an application.

A Name Clearance Search Isn't the Same as a Trademark Search

Checking your state's business entity database for name availability, which you do when forming an LLC or corporation, only confirms no identical entity name is registered in that state. It does not tell you whether the name is already trademarked, federally or through common-law use, in your industry.

Logos and Slogans Need Their Own Applications

A word mark, a logo, and a slogan are generally registered separately, each as its own application and its own fee, since the USPTO examines each type of mark independently.

An Opposed Application Can Take Significantly Longer

If another party formally opposes your application during the publication period, resolving the opposition, whether through negotiation or a proceeding before the Trademark Trial and Appeal Board, can add months or years to the process beyond the USPTO's typical timeline.

International Protection Is a Separate Process

A USPTO registration only protects your mark within the United States. If you plan to sell internationally, trademark protection in other countries generally requires separate applications or filings under the Madrid Protocol, with its own fees and timelines.

This Is Not Legal Advice

Trademark law involves real legal risk, including the possibility of infringing on an existing mark without realizing it. Talk to a trademark attorney before filing, particularly if your search turns up any similar existing marks.