How to Trademark Your Business Name

Benefits of a trademark

A federal trademark gives you the exclusive right to use your business name in connection with the goods and services you offer — anywhere in the United States. It's one of the strongest ways to protect your brand.

• Nationwide protection — your rights extend across the entire country, not just your state
• Legal presumption of ownership — a registered trademark makes it easier to enforce your rights in court
• Public notice — your trademark appears in the USPTO database, discouraging others from using a similar name
• Right to use the ® symbol — this signals to others that your name is federally protected
• Foundation for growth — a registered trademark makes it easier to expand, franchise, or license your brand
• Ability to record with customs — helps stop counterfeit goods from entering the country

What can be trademarked

Not every business name qualifies for trademark protection. To be eligible, your name needs to function as a trademark — meaning it identifies your business and distinguishes it from others.

• Fanciful names — invented words with no dictionary meaning, like 'Kodak', receive the strongest protection
• Arbitrary names — real words used in an unrelated context, like 'Apple' for computers, are also strong
• Suggestive names — names that hint at what you do without describing it directly, like 'Netflix', are generally protectable
• Descriptive names — names that simply describe your product or service are harder to protect and may require evidence of acquired distinctiveness
• Generic names — names that are the common term for the product itself, like 'Bread' for a bakery, cannot be trademarked

In addition to the name itself, you can trademark logos, slogans, and even specific sounds or colors associated with your brand.

Filing requirements

Before you file, make sure you have everything you need. The USPTO requires specific information and materials for a complete application.

• The exact name or mark you want to register
• The name and address of the trademark owner — which can be an individual or a business entity
• A clear representation of the mark, especially if it includes a logo or stylized text
• A list of the specific goods and services the mark will be used with
• The filing basis — either 'use in commerce' if you're already using the name, or 'intent to use' if you plan to but haven't yet
• A specimen showing the mark in real-world use, if filing based on actual use
• The filing fee, which depends on the number of classes you register under

Choosing your class

Trademarks are organized into classes based on the type of goods or services they cover. The USPTO uses an international classification system with 45 classes — 34 for goods and 11 for services.

• Identify the goods or services you actually offer — not everything you might offer someday
• Use the USPTO's Acceptable Identification of Goods and Services Manual to find the right class
• File under multiple classes if your business spans different categories, such as selling both apparel and consulting services
• Each additional class adds a separate filing fee
• Choosing the wrong class can limit your protection or cause your application to be rejected

Being specific and accurate here matters. A trademark only protects your name within the classes you register, so think carefully about your current and planned offerings.

Filing with the USPTO

Once you've gathered your materials, you can file your application online through the USPTO's Trademark Electronic Application System, known as TEAS.

• Create an account at the USPTO website to access the filing system
• Complete the online application with your mark, owner information, class, and filing basis
• Upload your specimen if filing based on actual use in commerce
• Pay the filing fee at the time of submission
• You'll receive a serial number that you can use to track the status of your application

Application review process

After you file, your application goes through a formal review. The timeline can vary, but here's what to expect.

• An examining attorney at the USPTO reviews your application for legal and procedural compliance
• If there's an issue, the attorney issues an Office Action explaining the problem — you typically have six months to respond
• Common issues include a likelihood of confusion with an existing mark, a descriptive name, or an improper specimen
• If the application is approved, your mark is published in the USPTO's Official Gazette for a 30-day opposition period
• If no one opposes it, the mark registers — or, for intent-to-use applications, a Notice of Allowance is issued
• The entire process can take anywhere from several months to over a year

Costs

The cost to trademark a business name depends on several factors, including the number of classes and the filing basis.

• The base USPTO filing fee is per class — check the current fee schedule on the USPTO website
• Filing under multiple classes means multiple fees, even within a single application
• Intent-to-use applications carry additional fees when you later file a statement of use
• If you hire an attorney, expect to pay for their services on top of the government filing fees
• Maintenance fees are required periodically to keep your trademark active — at the five-year, nine-year, and ten-year marks

While the costs add up, a registered trademark is a long-term asset that protects your brand for as long as you maintain it — potentially indefinitely.

Common mistakes

• Filing before searching — skipping a thorough trademark search can lead to a rejection or legal conflict
• Choosing a name that's too descriptive — generic or highly descriptive names are difficult or impossible to protect
• Filing under the wrong class — this can leave your brand unprotected where it matters most
• Using an improper specimen — the USPTO is strict about what counts as acceptable evidence of use
• Ignoring an Office Action — failing to respond within six months causes your application to be abandoned
• Forgetting maintenance deadlines — trademarks can be cancelled if you don't file the required upkeep documents
• Not consulting an attorney when the situation calls for it — a professional can prevent costly errors