Can I patent a product name?

No. Product names are not patentable, but you can protect them with a trademark registration.

How much does it cost to patent a product?

Basic filing fees may be a few hundred dollars, but full patenting with attorney support can range from $5,000–$15,000.

How long does it take to get a patent?

The USPTO process typically takes 18–36 months, though delays can extend the timeline.

What’s the difference between a provisional and non-provisional patent?

A provisional patent gives you a 12-month placeholder, while a non-provisional application begins the formal examination process.

Do I need an attorney to patent a product?

While not required, working with a patent attorney helps avoid errors that could cause costly rejections or delays.

How to Patent a Product and Protect Its Name

Learn how to patent a product, protect its name with trademarks, and navigate costs, timelines, and international strategies for safeguarding innovation. 6 min read updated on August 28, 2025

Key Takeaways

To patent a product, you must apply with the USPTO and meet requirements for novelty, usefulness, and non-obviousness.
A product name itself cannot be patented; it is generally protected by trademark law.
Different forms of intellectual property (patents, copyrights, trademarks) protect different aspects of a product or business.
The patent process involves research, preparing a detailed application, and maintaining fees once granted.
Alternatives like provisional patents and international protection strategies can help extend rights and secure innovation globally.
Legal guidance is strongly recommended because even small filing errors can cause costly rejections.

How to patent a product a name is a common question that comes up when starting a new business or acquiring a new and innovative product. When discussing patents, you will often hear the term "intellectual property" that creates a broad reference to ideas and concepts that can be considered to be unique and hold some type of potential value.

The term is used as a way to identify which party or entity has actual ownership over the idea, concept, or invention. When you own intellectual property rights, it means you have the right to:

Manufacture the product or invention.
License others to use or manufacture the invention.
Use a specific distinguishing mark on packaging or in advertising.
To publish creative and original works of art.

Types of Intellectual Property

There are three primary types of intellectual property that can be protected. These include:

Patents.
Trademarks.
Copyrights.

Patents

Patents are rights to property granted by the U.S. Patent and Trademark Office. When granted a patent, the holder can prevent others from selling, using, or making a protected invention for a set period of time. If all fees are paid, and paperwork is properly filed patents can be in effect for up to 20 years from the original date of application. Exclusive rights of a design patent can be for up to 14 years. There are three types of patents that can be granted.

Utility patents — Utility patents will be granted for new, unique inventions for processes, machines, manufactures, a composition of matter, or an improvement to a previous invention.
Design patent — A design patent can be granted for an original ornamental design of a manufactured product. The protection extends to the appearance of the product instead of the functionality.
Plant patent — You can apply for a patent for the invention or discovery of an asexually reproducing plant that is new.

Steps to Patent a Product

Patenting a product involves a structured process:

Conduct Research: Search USPTO databases and international patent offices to confirm your invention has not already been patented.
Determine the Right Patent Type: Decide whether your invention needs a utility, design, or plant patent.
Prepare Detailed Documentation: Create drawings, descriptions, and claims that explain how the invention works and why it is unique.
File an Application: You may choose between a provisional application (which establishes an early filing date but lasts only 12 months) and a non-provisional application (which begins the formal examination).
Respond to USPTO Actions: The patent examiner may issue office actions requiring clarification or amendments.
Pay Required Fees: Maintenance fees must be paid periodically to keep the patent active.

The full process can take several years and requires precision; working with an attorney helps prevent costly mistakes.

Eligibility Requirements for Patenting a Product

Not every idea or invention qualifies for patent protection. To patent a product, your invention must satisfy three core requirements:

Novelty: The invention must be new and not disclosed in prior art, meaning it cannot already exist in any public record or market.
Utility: The invention must have a practical purpose or provide a functional benefit.
Non-obviousness: It cannot be an obvious improvement or simple variation of an existing invention to someone skilled in the field.

These criteria are assessed during the USPTO’s examination process. Conducting a prior art search before filing can help you evaluate whether your product is eligible.

Copyrights

While patents protect inventions, processes, and designs, a copyright will protect both published and unpublished works that are original. This can include such pieces as:

Literature.
Music.
Art.
Architecture.
Software.
Choreography.

The copywriter owner will also retain exclusive rights which include the rights to:

Reproduce the work.
Make derivatives.
Distribute copies.
Display the work in a public setting.
Perform the work in public.

There can be some overlap between a copyright and a patent where an applicant may benefit from applying for both. This often occurs in the case of a design patent where the ornamental design will qualify as both a unique patentable design and a work of art that can be copyrighted.

Trademarks

A trademark is used to protect:

Words.
Phrases.
Logos.
Symbols.

It can also be used to protect other devices used to identify services or goods from the competition. A trademark will provide the owner the exclusive right to use an image, phrase or mark and prevent competitors from creating symbols that may be too similar as to cause confusion between brands.

Alternatives and Complementary Protections

While a product name itself cannot be patented, trademarks provide powerful protection for brand identity. However, businesses often combine protections:

Patents safeguard the invention or functional design of the product.
Trademarks protect brand names, slogans, and logos.
Copyrights protect creative works like packaging artwork, manuals, and marketing content.

In some cases, businesses may also consider trade secrets to protect confidential formulas, designs, or manufacturing processes that cannot easily be patented. By layering these protections, companies create a more comprehensive intellectual property strategy.

How Can You Patent a Product Name

There are several steps you will need to take in order to patent your product name. You will need to:

Determine what you need — A name can either be protected through a trademark or a service mark. If creating a symbol for a product, you will need to come up with a trademark. If you will be providing a service, you will use a service mark.
Choose a name — Pick a name that will be memorable and easy to spell but not too common.
Perform a search — You will need to perform a search to see if the name has been protected in other trademarks. If you find one similar, it may be best to consider another.
Determine what your service class will be — Your filing fees and application process will have largely to do with the class of service that your name falls into.
Fill out and file your application — You will need to complete your application and send it in with the required fee. If not accepted, the fee will be refunded. It is possible for an application to be not approved over simple errors, so it is recommended to hire an attorney to assist.

Costs, Timelines, and Global Considerations

The cost to patent a product can vary widely. Small entity USPTO filing fees may start around a few hundred dollars, while attorney fees and complex applications can raise costs into the thousands. On average, the full process often ranges between $5,000 and $15,000 depending on complexity.

Timelines: A U.S. utility patent typically takes 18–36 months from filing to issuance, depending on examination delays and responses required.

International Protection: If you want global coverage, you may use the Patent Cooperation Treaty (PCT) to file a single application that reserves rights in over 150 countries. Each jurisdiction will later require its own examination and grant process.

Understanding these factors helps businesses plan strategically for both budget and market expansion.

Frequently Asked Questions

Can I patent a product name?
No. Product names are not patentable, but you can protect them with a trademark registration.
How much does it cost to patent a product?
Basic filing fees may be a few hundred dollars, but full patenting with attorney support can range from $5,000–$15,000.
How long does it take to get a patent?
The USPTO process typically takes 18–36 months, though delays can extend the timeline.
What’s the difference between a provisional and non-provisional patent?
A provisional patent gives you a 12-month placeholder, while a non-provisional application begins the formal examination process.
Do I need an attorney to patent a product?
While not required, working with a patent attorney helps avoid errors that could cause costly rejections or delays.

If you need help with how to patent a product name, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.