Learning how do I trademark my business name in the US protects the brand you are building before someone else claims it. I have been through the USPTO process, and here is the encouraging news: for a straightforward name, you can do it yourself for $250-$350 in filing fees. The process takes 8-12 months, but your protection dates from filing. Here is exactly how it works.
How Do I Trademark My Business Name in the US? Step 1: Make Sure It Is Trademarkable
Not every name qualifies. The USPTO rejects:
- Generic names: “Computer Store” for a computer store. Cannot be trademarked, period.
- Merely descriptive names: “Creamy Yogurt” for yogurt. Descriptive terms need years of use to prove “acquired distinctiveness.”
- Likely confusion with existing marks: If your name is confusingly similar to an existing trademark in a related industry, it will be refused.
- Surnames, geographic terms, and deceptive names face extra scrutiny.
Strongest names: Made-up words (Kodak, Exxon), arbitrary words (Apple for computers), or suggestive words (Netflix). Before filing, search the USPTO’s TESS database (free) for conflicting marks, and do a thorough Google search for common-law (unregistered) uses. Finding a conflict now saves a $250 rejection later.
Step 2: File With the USPTO (TEAS)
- Go to uspto.gov and use the TEAS (Trademark Electronic Application System). Choose TEAS Plus ($250/class) if your goods/services fit their pre-approved descriptions (cheapest), or TEAS Standard ($350/class) for custom descriptions.
- Choose your filing basis: “Use in commerce” (already using the name in business, provide a specimen like your website or packaging) or “Intent to use” (not using yet but plan to; costs an extra $100 per class later when you prove use).
- Select your classes: Trademarks register per class of goods/services (45 classes total). Most small businesses need 1-2 classes. Each additional class costs another filing fee, so be precise.
- Provide a specimen showing the name used in commerce (website screenshot showing the name with the services, product packaging, etc.). Mockups and business cards alone do not qualify.
- Describe your goods/services accurately. Overly broad descriptions get rejected; overly narrow ones limit protection.
Step 3: The Waiting Game (8-12 Months)
- 3-4 months: An examining attorney reviews your application.
- Office actions: If issues arise (likely confusion, description problems), you get a chance to respond. Many applications receive at least one. Respond within 6 months.
- Publication: Approved applications publish in the Trademark Official Gazette for 30 days, during which others can oppose.
- Registration: No opposition? You get your certificate. Total typical timeline: 8-12 months, sometimes longer.
DIY vs. Hiring a Trademark Attorney
- DIY ($250-$350): Fine for straightforward names with clear search results and standard goods/services. The TEAS system guides you through.
- Attorney ($800-$2,000 all-in): Worth it if: your search found borderline conflicts, your name is descriptive, you received an office action you do not understand, or the brand is central to significant investment. Attorneys dramatically improve approval odds on tricky applications.
- Avoid: Non-attorney filing services charging $500+ for what is essentially form-filling. They cannot give legal advice and cannot respond to office actions properly.
After Registration: Keeping Your Trademark
- Use it consistently. Trademark rights depend on continued use in commerce. Use the exact registered form.
- Use the symbols correctly: ™ anytime you claim trademark rights; ® only after federal registration.
- File maintenance documents: Declaration of Use between years 5-6, renewal every 10 years. Miss these and your registration cancels.
- Police your mark. You must enforce against infringers or risk weakening your rights. Set up Google Alerts for your name.
- Consider state trademark registration ($50-$75) as a cheap supplement for purely local businesses, though federal is far stronger.
Common Rejection Reasons (Avoid These)
- Likelihood of confusion with an existing mark (the #1 reason). Thorough searching prevents this.
- Merely descriptive without distinctiveness.
- Specimen problems: Showing the name without connection to the actual goods/services.
- Wrong filing basis or inaccurate use dates.
- Pro tip: File before you invest heavily in branding, packaging, and signage. Discovering a conflict after spending $10,000 on brand assets is painful.
The USPTO website offers extensive free guides and video tutorials. For complex situations, many trademark attorneys offer free initial consultations.
The Bottom Line
To trademark your business name in the US: verify it is distinctive and search TESS plus Google for conflicts, file via USPTO TEAS ($250-$350 per class) with accurate descriptions and a proper specimen, respond to any office actions within 6 months, and maintain the registration with use declarations and 10-year renewals. DIY straightforward applications; hire an attorney for borderline cases or when the brand represents major investment. File early, before the branding spend, not after.
Quick Answers to Common Questions
How much does it cost to trademark a business name?
DIY via USPTO TEAS: $250 per class (TEAS Plus) or $350 (TEAS Standard), with most small businesses needing 1-2 classes. Intent-to-use filings add $100 per class later. Attorney-assisted filings run $800-$2,000 all-in. Budget $250-$700 for straightforward DIY filings; the investment protects branding worth far more.
How long does trademark registration take?
Typically 8-12 months from filing to registration, assuming no major issues: 3-4 months to first examination, potential office actions with 6-month response windows, then a 30-day publication period for oppositions. Your protection dates from the filing date, not registration, so file early. Expedited examination exists but is rarely granted.
Can I trademark a name someone else is using without registration?
Maybe. The US recognizes common-law trademark rights from actual use, but they are geographically limited and harder to enforce. Federal registration provides nationwide protection, legal presumptions of ownership, and access to federal courts. If the other party used it first in commerce, they have superior rights regardless of registration; thorough searching before filing is essential.
Do I need a trademark if I have an LLC?
Yes, they protect different things. An LLC registration protects your business name only within your state and only as a business entity name; it confers no trademark rights. A trademark protects your brand name and logo in commerce nationally. Many businesses need both: the LLC for liability and structure, the trademark for brand protection. Neither substitutes for the other. Start with the USPTO’s trademark information before filing.
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