Trademarking your business name gives you legal protection that domain registration and business registration don't. Without a trademark, someone else can register a similar name in your category and force you to rebrand — even if you've been using the name for years.
This guide explains the full trademark process in plain terms.
What a Trademark Actually Protects
A trademark protects your brand identity — the name, logo, or phrase that identifies your goods or services — from being used by competitors in a confusingly similar way.
A registered trademark gives you:
- The legal right to use ® next to your name
- A public record of your ownership
- The ability to sue for infringement in federal court
- Protection against similar marks being registered later
What a trademark does not protect:
- Your domain name (that's separate)
- Your business entity registration (that's state law)
- Your product or service itself (that's patents or copyright)
Before You Apply: Search for Conflicts
Applying for a trademark on a name that conflicts with an existing registered mark wastes money and time. The USPTO will reject it.
Step 1: Search the USPTO database
Go to tmsearch.uspto.gov → Basic Word Mark Search → enter your business name → filter by "Live" marks.
Look for marks that are:
- Phonetically similar (sounds like your name)
- Visually similar (looks like your name)
- In the same or related International Class (the category system trademarks use)
Step 2: Search common law marks
The USPTO database only covers registered marks. Someone who has been using a name in commerce without registering has "common law" rights. Search Google, industry directories, and social media for businesses using similar names.
Faster option: Naming Cube screens every generated name against 2,000+ known trademark records automatically, so you can identify conflicts before you get attached to a name.
Check trademark risk on brand names →
The USPTO Application Process
Once you've confirmed no conflicts, here's how to file.
Step 1: Identify your International Class
Trademarks are registered by category. The USPTO uses a system of 45 International Classes (ICs) — 34 for goods, 11 for services.
Examples:
- IC 009: Software, apps, electronic devices
- IC 035: Business services, marketing, advertising
- IC 041: Education, entertainment, training
- IC 042: Technology services, SaaS, IT consulting
You can file in multiple classes, but each class is a separate fee.
Step 2: Choose your filing basis
Use in Commerce (1a) — You're already using the mark in commerce. Requires a specimen (proof of use, like a screenshot of your website showing the name being used commercially).
Intent to Use (1b) — You haven't launched yet but plan to. Cheaper upfront, but requires an additional "Statement of Use" filing once you launch, with another fee.
Step 3: File the application
File through the USPTO's TEAS system (teas.uspto.gov). The base fee is:
- TEAS Plus: $250 per class (requires picking from a predefined list of descriptions)
- TEAS Standard: $350 per class (more flexibility in describing your goods/services)
For most software and SaaS businesses, TEAS Plus in IC 042 ($250) is the starting point.
Step 4: Wait for examination
A USPTO examining attorney reviews your application. This typically takes 8 to 11 months from filing. They may issue an Office Action (a request for clarification or a rejection) that you need to respond to.
Step 5: Publication and registration
If approved, the mark is published in the Official Gazette for 30 days. Anyone can oppose the registration during this period. If no opposition is filed, you receive your registration certificate.
Total time from filing to registration: typically 12 to 18 months.
Costs
| Item | Cost |
|---|---|
| TEAS Plus application (per class) | $250 |
| TEAS Standard application (per class) | $350 |
| Statement of Use (Intent to Use filings) | $100 per class |
| Response to Office Action (DIY) | $0 (your time) |
| Trademark attorney (optional) | $500–$2,000+ total |
For a single-class application with no complications: expect $250 to $500 if you file yourself, $1,000 to $2,500 if you use an attorney.
Do You Need a Trademark Attorney?
For straightforward cases — a distinctive invented word in a clearly defined class with no conflicts — filing yourself is reasonable. The USPTO application is detailed but not technically complex.
Consider an attorney if:
- You received an Office Action you're unsure how to respond to
- You're filing in multiple classes or internationally
- You found a potential conflict that needs a legal opinion
- You plan to raise venture funding (investors sometimes ask for clean IP)
What Happens If Your Application Is Rejected
The USPTO issues an Office Action explaining the reason. Common rejections:
Likelihood of confusion — Your mark is too similar to an existing registered mark. You can argue the marks are sufficiently different, or that the goods/services don't overlap. Success rates vary.
Descriptiveness — Your mark describes the goods or services too directly (e.g., "Cold Coffee" for a cold brew brand). Invented words are much easier to trademark than descriptive phrases.
Merely ornamental — Typically applies to logos used purely decoratively without source-identifying function.
You have 3 months to respond to an Office Action (extendable to 6 months for a fee).
FAQ
How long does a trademark last?
A registered trademark lasts 10 years from registration and can be renewed indefinitely in 10-year increments, as long as you're still using it in commerce. You also need to file a "Declaration of Use" between years 5 and 6 of the initial registration period.
Can I use ™ before my trademark is registered?
Yes. ™ indicates you're claiming trademark rights in a name, but it has no legal weight. ® can only be used after federal registration. Using ® before registration is illegal.
Does registering a domain name give me trademark rights?
No. A domain registration and a trademark are completely separate. Owning yourbusiness.com gives you no trademark protection. You need a USPTO registration for federal trademark rights.
What's the difference between a trademark and a business name registration?
A state business name registration (LLC, corporation) gives you the right to operate under that name in that state. A federal trademark gives you exclusive rights to use the name commercially across the entire US in your category. They're independent — you can have one without the other.
Should I trademark my business name before launch?
Ideally, file before or shortly after launch. An "Intent to Use" application (1b filing) lets you file before you've started selling, and it establishes your priority date early. The sooner you file, the earlier your claim date — which matters if someone else files a similar mark later.
Do I need a trademark if I'm just a small business?
It depends on your goals. If you plan to stay local and never raise money or sell the business, a trademark is optional. If you plan to grow nationally, raise funding, or eventually sell, a trademark becomes important — both for protection and because buyers and investors will look for clean IP.
