- Emily Shwake
- 10 hours ago
- 14 min read
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You’ve poured hours into finding the perfect name only to wonder if it’s safe to use or if someone else might claim it. Trademarking your name takes that stress off your plate giving you legal protection and the freedom to grow your brand confidently. And when you’re just getting started creating a website that matches your trademarked name helps your business look polished and professional from the very first click.
TL;DR: How to get a name trademarked
Trademarking a business name in the U.S. protects your brand, gives you legal rights and helps you grow with confidence. The process includes checking if your name is eligible, choosing the right type of trademark and class, filing through the USPTO and maintaining your registration.
You'll learn:
What a trademark is and why it matters
Benefits of trademarking your business name
How to file with the USPTO, step-by-step
How to pick a strong, protectable name
Common reasons applications get rejected
How to maintain and monitor your trademark
What are trademark costs, timing and strategy
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What is a trademark?
A trademark is a legally protected symbol, word, phrase, design or combination of these elements that represent a brand or business. In the case of trademarking a name, a trademark provides the owner with exclusive rights to use the trademark in connection with the goods or services they offer. This ensures that no one tries to impersonate your business, using your name without your permission. It also discourages other businesses in your industry from using the same name or even one that is similar.
It’s worth noting that registering a trademark with the USPTO offers stronger, nationwide rights than a common law trademark, which only applies to your geographic area.
Before you start the process of trademarking a business name, check the domain name availability to ensure consistency in your digital branding.
How to trademark a business name in the U.S.
Here, we’ll go over seven steps you’ll need to go through to have a trademark approved by the United States Patent and Trademark Office (USPTO). Read through these tips carefully before starting your application to avoid making errors that could cause delays in the approval process.
01. Consider if your business really needs a trademark
Trademarking a name is not something that happens overnight. In fact. The trademark process often takes several months to over a year, depending on office actions, responses and any third-party opposition. For that reason, it’s important to first determine whether trademarking a name is necessary for your business before you invest time into filing your application.
If you have limited financial resources or you don’t have any intention of expanding your business beyond a local area, you can deprioritize the trademark registration on your unwieldy to-do list.
Learn more: How to come up with a business name?
02. Search the trademark database
Search existing trademarks through the USPTO’s trademark search tools inside the Trademark Center to check for conflicts or similar names. This database contains all registered and pending trademarks in the U.S. If your name is on that list, then you’ll need to go back to the drawing board.
If you don’t find your chosen business name in the TESS database, search for similar names. You can use a variation on the spelling or similar words to see if there’s another business with a name that’s close to yours. If you spot a business in your industry with a similar name, your trademark may be rejected. For example, if you tried to trademark the name “Mack Donald’s,” the USPTO may think it’s too similar to the existing “McDonald’s” trademark and reject your application.
Learn more: How to trademark a domain name
03. Figure out if your business name is eligible for a trademark
Even if you don’t find the name you want to trademark in the USPTO database, it may still be ineligible for a trademark. The USPTO has specific requirements for a trademark registration that range beyond the existence of a similar business name trademark. For example, the name can’t be deceptive, immoral or overly generic. We’ll discuss more issues that may make your business name ineligible for a trademark further into the article. If you are unsure if your business name is eligible for a trademark, consulting with a trademark attorney can help clarify your options.
Found the perfect name for your business? Lock in your domain before someone else does.
04. Determine what type of trademark you need
There are two trademark types that are relevant to the process of trademarking a name: a standard character mark and a special form mark. The type of format you choose will determine your filing requirements.
A standard character mark (often referred to as a “word mark”) is a regular trademark of a name in plain text form. It’s the most flexible way to trademark your name as it protects your business name regardless of how it’s presented stylistically.
With a special form mark (often referred to as a “design mark”), you’re seeking protection over a mark that uses specific design elements, such as fonts, colors or additional designs. For example, the name ‘Pepsi’ along with the brand’s circular logo would be considered a special form mark. The benefit of this type of mark is that you can protect both the wording and the design.
05. Choose the appropriate trademark classification
Trademark classifications (a.k.a. classes) are used to categorize different types of goods and services for trademark registration purposes. The USPTO recognizes 45 classes of goods and services, 34 of which are goods and 11 of which are services. This classification process helps the trademark examiner determine whether there are any conflicting trademarks in the same class.
It's important to choose the correct class (or classes, if your business qualifies for more than one) for your trademark application, as the USPTO will not allow you to change the classification once your application has been submitted. If you choose the wrong class, your trademark registration may be rejected or may not provide adequate protection for your goods or services.
Additionally, the class or classes you select for your trademark application define the scope of protection. Therefore, using the trademarked name in a circumstance that’s irrelevant to its classification, the usage might not be protected. Let’s say Ulta (a chain of beauty stores) wanted to have an annual music festival. They might not be able to call the festival “Ulta Music Festival” because “Ultra Music Festival” is already trademarked.
It’s worth noting that the class or classes you select in your trademark application define the scope of protection for your trademark. This means that if you use your trademark in a context that's outside the scope of the selected classes, it may not be protected. For example, let's say the beauty store chain, Ulta Beauty, wants to host an event called "Ulta Music Festival." Although the company owns the trademark for “Ulta,” it’s registered in a retail store services class. Therefore, it may not be able to use their preferred name because it’s quite similar to the “Ultra Music Festival” trademark, which is registered in the entertainment services class.
That’s not to say that you should trademark your name in a bunch of different classes. Each class of goods or services requires a filing fee, which is currently $350 per class. Extra fees may apply depending on how your application is completed. Therefore, registering a trademark in multiple classes can be quite expensive.
06. Determine your basis for filing
When trademarking a name, you need to determine the filing basis (or filing bases, if more than one applies to your situation) for your application. A filing basis establishes your right to register the trademark and determines the basis on which you are claiming ownership of the name. The trademark application provides four filing bases for you to choose from:
Use in commerce: Your name is already being used on products or services available to the public.
Intent-to-use: Your name isn’t yet being used, but you can demonstrate that you intend to use it on goods or services in the near future.
Foreign registration: When applying for a trademark with the USPTO as a foreigner, this indicates your mark is currently in use in a different country for the same goods and services.
Foreign application: You have already filed for a trademark in a foreign country and are now filing in the U.S. within six months of your initial application so that both can be approved within a similar timeframe.
The basis for filing determines when the trademark registration will become effective. Use in commerce, foreign registration and foreign application require proof of use or registration. On the other hand, intent-to-use allows you to reserve the trademark for later use.
07. Choose the right application for your purposes
Once you have all the information you need to submit your application, you can begin to file for a trademark. You’ll need a USPTO.gov account to file your application through the Trademark Center, the USPTO’s current filing system.
Because the process of trademarking a name is somewhat tedious, the USPTO offers a streamlined version of their standard application. The USPTO no longer uses separate TEAS Plus and TEAS Standard applications. All trademark applications are now filed through the Trademark Center using a single application format.
The base filing fee is charged per class of goods or services. Additional fees may apply if required information is missing or if you use custom descriptions instead of the USPTO’s pre-approved options. Providing complete and accurate details upfront helps avoid delays and extra costs.
Upon submission, you’ll get a confirmation and a serial number to reference your application and check on its status. A USPTO examining attorney will review your application and decide if it meets all trademark requirements. This part of the process can take a few months, so don’t worry if you don’t hear back soon after you file your application.
What to expect after filing
If the examining attorney raises any questions or issues with your application, then you’ll have an opportunity to respond to office actions and make changes to your application. Note: this can add several more months to the process.
Once the USPTO approves your initial application, the department will publish the trademarked name in the Official Gazette, a weekly publication announcing new trademarks. Third parties have 30 days to contest your trademark. If the USPTO doesn’t receive a valid complaint, they will issue the trademark for your name.
However, keep in mind that you’ll want to continuously maintain your marks even after they’re issued. Federal trademark registrations last for 10 years. However, you can keep your trademark active by regularly filing maintenance documents and paying maintenance fees. You’ll also need to demonstrate that you’re continually using your trademark because trademarks that aren’t used for an extended period of time can be canceled or abandoned.
It’s worth noting that once your trademark is active, it’s up to you to enforce it. Organizations such as the USPTO provide business owners with the rights and legal grounds to pursue legal action in the event of infringement, but they won’t take action on your behalf.
It’s also important to know that registering a business name with your state is a separate step from trademark registration.
The benefits of trademarking your business name
There are a few notable benefits of trademarking a business name:
Own exclusive rights: When you own the rights to your name, you can control how others are allowed to use your name and take legal action if it’s used in an unauthorized way. This means that no one else can use the same or similar name for similar goods or services without your permission. Explore these store names to help you make sure yours is original.
Attract investors: When you’re starting a business and need to raise capital, a trademark can help to instill confidence in your business. Investors like to see that you’re building a unique reputable brand and taking steps to protect it. Plus, trademarking a name not only protects businesses from lawsuits that can quickly drain funds, but doing so also makes it easier to license and franchise your business which signals to investors that there are expansion opportunities. A trademark also shows them that you are serious about this business venture and that you would be a responsible business partner.
Strengthen your brand: A trademark helps to establish your brand identity, making it easily recognizable by both its name and aesthetics. For that reason, it’s useful to include the logotype (a type of logo that features a brand name in a stylized typography) in the trademark registration. Think of big brands like Ikea or Coca-Cola: Just seeing the name likely makes you think of their iconic logotypes, including the font and color scheme. When you trademark a business name and a logotype together, you ensure that the styling has the same legal protection as your name.
Expand your business: As your business grows, having a registered trademark can make it easier to break into new markets. You can protect your brand from infringement, while differentiating yourself from the competition.
Protect your business from legal action: The primary benefit of trademarking a name is that it provides your business and its name with legal protection. If someone tries to use it, you can take legal action against them. If you don’t trademark a name and another business with a very similar name does, they could take legal action against your business.
How strong does your trademark need to be?
Not all names are created equal when it comes to trademarks. The USPTO looks for marks that are distinctive and not easily confused with existing ones. The strength of your trademark affects whether it gets approved and how easy it is to protect.
Trademarks fall into a spectrum:
Generic names describe a product or service and are almost impossible to trademark. For example, trying to trademark “Coffee Shop” for a café would be rejected.
Suggestive names hint at the product or service without directly describing it. These are easier to protect. For example, “Netflix” suggests movies online without saying it outright.
Arbitrary or fanciful names are the strongest trademarks. They’re unique and unrelated to the product like “Apple” for computers. These are easiest to register and defend in court.
Descriptive names say something about your product but don’t stand out on their own. These can sometimes be approved if they gain “secondary meaning” over time but it’s harder and slower. For example, “Creamy Delights” for an ice cream shop might qualify after years of use.
When you pick a strong, unique name from the start you save time, money and headaches down the road. Even small spelling changes or word combos can make your mark distinct, helping it get approved faster and making it easier to protect.
4 common reasons trademarks get rejected
Let’s discuss a few common issues with trademark applications and how to avoid them. (For a full list of issues that are grounds for refusal, see the USPTO’s application checklist.) In the event that your application is rejected, you may file an appeal with the Trademark Trial and Appeal Board or start over with a new trademark application.
01. Your trademark is similar to an existing trademark
If your trademark is similar or identical to an existing trademark or company name, then the USPTO will likely reject your application. For example, if you try to trademark the name “Wall Mart,” the USPTO will likely reject your application for being too similar to the registered trademark “Walmart.” Even if the existing trademark is for a business in a different industry, the USPTO may reject the trademark if it’s likely to confuse consumers.
02. Your name is improperly descriptive
The USPTO may reject your application if it determines that the proposed mark misleads consumers about a quality or feature of the goods and services you offer. For example, if your name includes the word “organic” in it but the products are not organic, then the USPTO may consider the name to be deceptive or misdescriptive.
The USPTO may also reject your application if you’re trying to trademark a generic descriptive term as it would put other businesses at an unfair disadvantage. For example, if you wanted to call your beverage business “Juicy,” the USPTO may deny your application.
To avoid either circumstance, make sure that the name you want to trademark is original, accurate and doesn’t rely too heavily on descriptive terms. Study the best company names or use Wix’s business name generator for help thinking of a name that’s both relevant to your business and memorable.
03. Your trademark is a surname
The USPTO may reject your application if the trademark consists of a surname that has no other meaning or significance besides identification of a person or family. So, they would likely reject my application if I tried to trademark my surname “Shwake.” However, they may accept my application if people already associate my surname with the products or services I’m selling.
04. Ornamentation
If the trademark you wish to register is purely ornamental, as in a design including a symbol or words on clothing rather than the name of your business, it’s likely to be rejected. The trademark needs to serve a purpose by indicating a brand or business and can’t be purely decorative.
Monitoring and protecting your trademark
Registering your trademark is only the beginning. Once you're officially in the books, you need to keep a close eye out for similar names that might confuse your fans. Keep in mind that the USPTO won't give you a heads up if someone tries to file a mark that conflicts with yours, so it's up to you to stay on top of it.
To protect your rights:
Regular searches: Check the USPTO database regularly for new trademarks in your industry. Even small variations could cause issues later.
Online monitoring: Track mentions of your brand online including social media and domain registrations to catch potential infringements early.
Take action early: If you see a business using a confusingly similar name, send a cease-and-desist letter, file a trademark opposition or consult an attorney. Acting quickly is cheaper and more effective than waiting for a legal dispute.
Maintain your mark: File required maintenance documents with the USPTO at 5-6 years and every 10 years after registration to keep your trademark active.
Looking for specific business name ideas?
FAQ: How to get a name trademarked
How much does it cost to trademark a name?
Filing fees for the USPTO start at $250 per class of goods or services with the TEAS Plus application. You’ll pay more if you file in multiple classes or use TEAS Standard and legal help can add $500–$2,000 depending on how complex it is.
Should I get an LLC or trademark first?
It depends on your priorities. Forming an LLC establishes your legal business entity quickly while a trademark protects your brand. Often small business owners form the LLC first and start the trademark process soon after.
Is trademarking a name worth it?
Yes, especially if your brand is built to last. A registered trademark gives you exclusive rights, legal protection and credibility with customers and investors. It also makes it easier to expand or license your business.
How long does a trademark last?
In the US, your trademark registration stays active for 10 years. To keep your brand protected forever, just file your maintenance documents and prove you're still using the mark between years 5 and 6 and then every 10 years after that.
What requirements are needed for a trademark?
Your trademark must be distinct, not confusingly similar to existing marks and not deceptive, immoral or generic. You also need to show it’s used in business or declare your intent to use it.
What are the 4 types of trademarks?
The main types are: generic (which can't be registered), descriptive (sometimes allowed if they've gained a following), suggestive (they hint at what you do) and arbitrary or fanciful (these are the strongest and easiest to protect).
What happens if I make a trademark and never use it?
Trademarks are all about taking action. If you register one but don’t actually use it for your business, your mark could be challenged or even canceled. To keep your legal protection solid, make sure you're out there using it.
What cannot be trademarked?
You can’t register generic terms, overly descriptive names without secondary meaning, immoral or deceptive marks, purely ornamental designs and surnames without distinctiveness.
Is it better to copyright or trademark a name?
A trademark protects your brand’s identifiers like names and logos. Copyright protects original creative works like text, art and music. If you want to protect your business name, a trademark is the way to go.
Can I trademark without a lawyer?
You can file directly through the USPTO using TEAS forms but a lawyer can help you avoid mistakes, classify goods correctly and handle oppositions or office actions.
Can I sell without a trademark?
Yes, you can operate and sell products without a trademark but your brand won’t have federal protection. This leaves you vulnerable if someone else uses a similar name.
Should I trademark or LLC first?
Forming an LLC first is a great way to build a solid foundation and protect yourself from liability. Once that’s set up, you should start the trademark process as soon as possible to claim your name and keep your brand safe.
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