How to Trademark a Business Name in the U.S.

Key Takeaways

• A trademark protects your business name, logo, or slogan from being used by others.
• You can apply for a trademark through the U.S. Patent and Trademark Office (USPTO), either online or via paper submission.
• Conducting a trademark search before applying can help prevent rejection due to existing similar marks.
• The USPTO offers different filing options, including the streamlined TEAS Plus application.
• Trademarks must be renewed periodically—usually every 10 years—to remain active.
• Common reasons for rejection include confusing similarity, descriptive or generic names, or incomplete applications.
• State-level registration offers limited protection, while federal registration provides nationwide coverage.

Learning how to register a trademark can ensure that the name, catch phrase, logo, and sounds that your business uses are protected. Trademarks help distinguish companies from one another and helps shoppers know what to expect from the products and services that they purchase. Learn how to register a trademark and what this provides to ensure you have the legal protection that you need.

What Is a Trademark?

A company can register online for a trademark for its name and similar materials. The process takes less than 90 minutes and is done through the U.S. Patent and Trademark Office (USPTO) website.

Trademark protection is extended to the first person or business that uses a particular mark in a particular area. The mark doesn't have to be registered to enjoy trademark protections. A company's trademark is its “brand name”: the name, catch phrase, and logo that make a company unique. When a service business has these protections, they're known as a “servicemark.”

A trademark can include the following:

• Any words, letters, or numbers that comprise a business' unique name.
• A logo or similar creative mark.
• Sounds, such as a jingle or sound clip unique to your brand.

You retain many rights simply by using a business name commercially. Registering a trademark and maintaining that registration, however, demonstrates that you're using that name and protecting it. You may also register a trademark that you aren't currently using. However, you'll have to explain why you aren't using it and declare that you aren't permanently abandoning the trademark.

Guidelines for Registering a Trademark

Registering for a trademark starts with checking whether the content you want to register is already in use. Visit the Trademark Electronic Search System database to perform a search. After confirming that you can use your trademarked material, you may move forward with the application. This process requires the following information:

• The goods and services you'll use the trademark for
• The date when you first used the trademark commercially
• Whether you're trademarking a design component in addition to other materials

If you run an online business, don't register the domain with a specific extension, like ".com" or ".net". Registering a domain name this way would allow another business to register the same name with a different extension. Instead, just register the domain name without the extension.

State vs. Federal Trademark Registration

When deciding how to trademark a business name, it’s important to understand the difference between state and federal registration.

• State trademark registration protects your brand only within the borders of that state. It’s generally faster and cheaper but offers limited scope. You can usually file through your state’s Secretary of State office.
• Federal registration, on the other hand, provides nationwide protection and the ability to take legal action in federal court. Applications are submitted through the USPTO, and once approved, your business gains exclusive rights to use the trademark across the entire U.S.

While local businesses operating in one state might start with state registration, most companies opt for federal registration to prevent others from using a similar name in other regions.

Costs for Registering a Trademark

Expect to pay the following costs to register a trademark:

• Between $275 and $325 for online registration
• $100 to register for an International Trademark Application through the Trademark Electronic Application System or $200 to register with physical paperwork
• Separate fees for each product or service you're registering. For example, printed books and e-books are registered separately, even if you're publishing the same book through these two mediums.

USPTO Application Options and Filing Basis

The USPTO provides two main filing options for trademark applications:

• TEAS Plus – A lower-cost, streamlined application designed for filers who meet specific criteria and can answer all required questions correctly. It’s suitable for straightforward cases where the applicant understands the classification and description requirements.
• TEAS Standard – Offers more flexibility for applicants who need extra time to complete certain details or whose marks require a customized description.

Applicants must also choose a filing basis:

• “Use in commerce” basis – for marks already in use on goods or services sold across state lines.
• “Intent to use” basis – for marks you plan to use soon but haven’t yet. You’ll later need to provide proof of use before final registration.

Selecting the correct filing option and basis helps prevent delays or rejections.

How to Register a Trademark

Follow these steps to register a trademark one your own:

• Search for similar trademarks already registered.
• Register your trademark internationally and pay the registration fee.
• Include an example of your trademark in use with your application.
• Wait for the USPTO to respond. This should take roughly six months.
• Classify the content in your trademark using the USPTO's Acceptable Identification of Goods.
• If you're trademarking a logo, include a JPG image of the content.

In addition to these steps, note that your trademark material can't:

• Include immoral, deceptive, or scandalous materials
• Disparage or falsely portray a person, institution, belief, or national symbol
• Use the U.S. flag
• Include the name of a person or identify a person without their consent
• Resemble an already registered trademark
• Have a name that is vaguely or deceptively descriptive (i.e., “Sandwich Shop”)

After applying, you'll receive a filing number. Use this to track your application on the Trademark Application and Registration Retrieval System. Once your trademark is approved, you'll need to re-register at the 6-, 10- and 20-year marks to keep those trademark protections.

Though you can register a trademark on your own, you may need the help of a trademark attorney in certain situations. These specialists can help if your registration is contested, if there are issues with your trademarked material being too generic, and if you want to seek trademark protections outside of the U.S.

A trademark attorney can also help you:

• Perform a more extensive search of the Trademark Electronic Search System database
• Identify any potential problems with your trademark
• File for a trademark
• Meet all legal requirements and deadlines
• File all relevant materials correctly the first time
• Confirm that all your application material is in order before you apply

Common Trademark Application Mistakes to Avoid

Even small errors in your application can lead to rejection or delay. Common mistakes include:

• Choosing a descriptive or generic name (e.g., “Best Sandwich Shop”) that lacks distinctiveness.
• Failing to check the USPTO database for existing marks, leading to conflicts or denials.
• Submitting incomplete documentation, such as missing specimens of use or incorrect classifications.
• Not updating ownership details if your business structure changes after submission.

If your application is refused, you may file an appeal with the Trademark Trial and Appeal Board (TTAB) or start a new application.

Maintaining and Renewing Your Trademark

After registration, maintaining your trademark is crucial for long-term protection.

• File maintenance documents with the USPTO between the 5th and 6th year after registration to confirm ongoing use.
• Renew every 10 years thereafter to keep your trademark active.
• Monitor for infringement—actively watch for others using similar marks and take enforcement action when necessary.

Failure to renew or enforce your rights may result in cancellation or weakening of your trademark.

Alternatives if You Don’t Register a Federal Trademark

If federal registration isn’t feasible, there are still ways to protect your business identity:

• Register your business entity (e.g., LLC or corporation) in your state—this prevents another company from using the same name locally.
• File a “Doing Business As” (DBA) name to gain limited rights in your state.
• Use common law rights, which offer basic protection through consistent, public use of your brand name, even without formal registration.

These options offer some safeguards, though they don’t match the legal advantages of a federally registered trademark.

Frequently Asked Questions

1. Do I need a lawyer to trademark my business name?
   Not necessarily. You can file on your own, but an attorney can help navigate complex issues and avoid costly mistakes.
2. How long does it take to get a trademark approved?
   Typically 8 to 12 months, depending on application complexity and whether any objections arise.
3. Can I trademark my business name before using it?
   Yes. You can file under an “intent to use” basis, but you’ll need to prove actual use before final registration.
4. What happens if someone opposes my trademark application?
   If an opposition is filed, the USPTO’s Trademark Trial and Appeal Board (TTAB) will review both sides before deciding whether your mark can proceed.
5. How long does a trademark last?
   A trademark can last indefinitely, provided it’s renewed every 10 years and remains actively used in commerce.

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