To trademark a business name in the United States, search to confirm the name is available, choose the goods or services it will cover, and file an application with the U.S. Patent and Trademark Office (USPTO). Once an examining attorney approves it and no one successfully opposes it, the name is registered and you can use the ® symbol. Forming an LLC or registering a name with your state does not give you trademark rights on its own.
Key takeaways
- Using a name creates some rights, but federal registration gives nationwide priority and stronger remedies.
- The name must be distinctive and not likely to be confused with an existing mark for related goods or services.
- Expect the process to take about a year or longer, and plan for maintenance filings.
Do you need to register a trademark?
Using a name in commerce creates “common law” rights, but only where you actually do business. Federal registration adds a legal presumption that you own the mark nationwide, the right to use the ® symbol, the ability to sue in federal court and to record the mark with U.S. Customs, and a public record that warns others away. You can use the ™ symbol at any time, registered or not.
Step 1: Check that the name can be protected
Trademark law ranks names on a spectrum of distinctiveness:
- Fanciful (invented words) and arbitrary (real words unrelated to the product) names are the strongest.
- Suggestive names hint at a quality and are usually registrable.
- Descriptive names that simply describe the product or its location are hard to register without proof that customers already see them as a brand.
- Generic terms for the product itself can never be trademarked.
Step 2: Search for conflicts
The USPTO refuses names that are likely to be confused with an existing mark for related goods or services, even if the spelling differs. Search the USPTO trademark database for identical and similar names, sound-alikes and translations, then check the web, state business registries and domain names for unregistered users. A professional clearance search is worth considering for a name you plan to invest in.
Step 3: Identify your goods, services and classes
Every application lists specific goods or services, grouped into 45 international classes: classes 1 to 34 cover goods and 35 to 45 cover services. Fees are charged per class, so describe what you actually sell or plan to sell, using the USPTO’s pre-approved descriptions where possible.
Step 4: Choose a filing basis
- Use in commerce: you already sell under the name and can submit a specimen, such as a photo of labels or packaging, or a web page showing the name with a way to buy.
- Intent to use: you plan to use the name and want to reserve it now. You file proof of use later, with extra fees, before the mark registers.
Step 5: File the application
Applications are filed online through the USPTO’s electronic system. Since January 2025 the base fee is $350 per class, with surcharges for incomplete information or free-form descriptions instead of pre-approved ones. Applicants based outside the United States must be represented by a U.S.-licensed attorney.
Step 6: Respond to the examining attorney
Several months after filing, an examining attorney reviews the application. If there are problems, such as a likely conflict or an unclear description, you receive an “office action” and typically have three months to respond, with an option to extend. Missing the deadline abandons the application.
Step 7: Publication, opposition and registration
Approved marks are published in the USPTO’s Official Gazette, and anyone who believes they would be harmed has 30 days to oppose or ask for more time. If no opposition succeeds, a use-based application registers; an intent-to-use application receives a notice of allowance and registers once you prove use.
Keeping your trademark alive
Registration is not permanent by default. You must file a declaration of continued use between the fifth and sixth year after registration and renew every ten years. Keep using the mark consistently and watch for infringers: enforcing your rights is your job, not the USPTO’s.
Frequently asked questions
How long does it take to trademark a name?
Straightforward applications commonly take around a year from filing to registration, and longer with office actions or an opposition.
Can I trademark a name someone else uses in another state?
You may be able to register it, but an earlier local user can usually keep using the name in their area, and an existing federal registration for related goods will normally block you.
Should I trademark my logo or my name first?
A standard character registration of the name in plain text gives the broadest protection because it covers any font or design. Many businesses file the name first and the logo later.
Fees and procedures change, so confirm current requirements on the USPTO website, and consider a trademark attorney for clearance and office actions. Choosing a structure for the business itself? Compare an LLC and a sole proprietorship. For how copyright works differently, read what fair use means.