How to trademark a business name
Updated April 20, 2026 · 13 min read
Trademark rights in the US begin the moment you start using a name in commerce. Federal registration with the USPTO gives you nationwide exclusive rights, a presumption of validity, and the ability to sue in federal court. Registration takes 8–15 months and costs $250–$750 in government fees per class of goods/services.
You don't strictly need a lawyer. You do need to clear your name against existing marks and categorize your goods/services correctly. Attorney fees are typically $800–$1,800 for a straightforward registration — money well spent if your business is worth more than that.
Step 1: Clear the name
Before investing in branding, search for conflicts:
1. USPTO TESS search (tess.uspto.gov) — free search of registered and pending federal trademarks. 2. State trademark databases — each state has its own registry. 3. Common law search — Google, social media, business directories. Unregistered marks still have priority rights in their geographic area of use. 4. Domain and social handles — not dispositive but practically important.
A conflict doesn't always kill your plan — conflicts exist only when marks are confusingly similar in overlapping categories. "Delta" is a trademark for airlines, faucets, and dental insurance. They coexist because no consumer confuses them.
Step 2: Pick the right trademark class
The USPTO uses 45 classes of goods/services. Your trademark is only protected in the classes you register for.
- Class 25: Clothing - Class 41: Educational services - Class 9: Software / electronics - Class 35: Advertising and business services - Class 42: Tech / SaaS (software as a service) - Class 45: Legal services
Pick every class that's central to your business, but not every class you might ever enter. Each extra class is additional fees.
Step 3: File the application
Go to teas.uspto.gov. Two main options:
TEAS Plus ($250/class): For applicants who'll use USPTO's predefined goods/services descriptions. Cheapest, faster review.
TEAS Standard ($350/class): Allows custom descriptions. Needed if your goods/services don't match USPTO's templates.
You'll also choose between:
- "1(a) - In-Use" — you're already using the mark in commerce; include a specimen of use (photo, screenshot of product page). - "1(b) - Intent-to-Use" — you plan to use it; pay an additional $100 when you start using it.
Step 4: Respond to office actions
The USPTO examiner reviews your application and may issue "office actions" (objections): confusingly similar to existing marks, descriptive (too generic), ornamental, improper identification of goods. You have 6 months to respond. This is where attorneys really earn their fees — responses require legal argumentation. A weak response can lose your application.
Step 5: Publication and registration
If the examiner approves, the mark is published in the USPTO's Official Gazette. The public has 30 days to oppose. Most marks go unopposed. After the period lapses, your mark registers (6–10 months after filing for straightforward applications).
Hire a trademark attorney if: you're investing significantly in branding, your name has any similarity to existing marks, your application gets an office action, or you need to enforce a trademark. Flat-fee filings ($800–$1,800) are standard and highly worthwhile.
Get a Free Case ReviewFrequently Asked Questions
How long does trademark protection last?+
Indefinitely, as long as you keep using it. Federal registrations must be renewed at years 5–6, 10, and every 10 years after.
Can I trademark a name that's just my last name?+
Primarily surnames are usually refused without "secondary meaning" (consumer association built up through use). You'd typically need 5+ years of exclusive use.
Do I need to trademark my logo separately?+
Registering the word mark (the name in standard characters) gives you the broadest protection. Logo marks can be registered separately. Many businesses register both.
What if someone else registers my mark first?+
You can oppose their application during the publication period or petition to cancel their registration within 5 years. Both require showing you have prior rights — documented use in commerce before their filing date.
Do I need a federal trademark if I only operate in one state?+
Unregistered common-law rights exist from first use. State registration is cheaper. But if you have any online presence or plan to expand, federal registration is almost always worth it.
Helpful tools for this situation
These are services we've vetted for quality. When you use them, we may earn a small commission.
Ask any legal question. Get a real answer in 60 seconds.
We'll point you to the right information — and if you need a qualified attorney, we'll connect you to one for free.