How to Trademark a Name in 2025: 10-Step Guide for Business Owners

Learning how to trademark a name for your business gives you exclusive legal rights, deters copycats, and builds credibility with both customers and investors.

This step-by-step guide walks you through searching, filing, and maintaining a trademark with the US Patent and Trademark Office (USPTO) so your business identity stays secure, leaving you free to focus on growing your business.

What Is A Trademark?

A trademark is a unique and distinctive combination of words, phrases, signs, and logos used to identify the source of a product or service.

Intrinsically linked to a business name, applying for trademark protection is vital for protecting a brand and providing legal protection.

Trademark owners can be found across all business types, whether running an online business or a brick-and-mortar store.

In contrast to copyright, which protects creative works, a trademark focuses on overarching brand identities to prevent unauthorized use.

Benefits of Trademarking

Whether you’re focused on a new entrepreneurial concept or an established market, trademarking has a range of powerful benefits.

Here are some reasons why trademarking your business name can help strengthen your position in your chosen field:

• Protecting your brand from competitors: Building and protecting a brand is vital for establishing a distinct presence and cementing authority. Trademark owners can avoid confusion with competitors while also protecting their brand should unaffiliated parties attempt to use their business name.
• Providing comprehensive legal protection: The legal protection afforded by trademarking cuts both ways, protecting business owners from legal action and lengthy court proceedings. It confirms ownership of branding elements and fits into a broader context of intellectual property and legal rights.
• Attracting potential investors: Since trademark owners can verify proof of ownership of their branding elements, external parties are more likely to invest. A trademarked business name makes the enterprise appear more professional and suggests the owners take their responsibilities seriously.

By delivering legal protection and peace of mind, a business trademark is a valuable asset for small businesses to acquire.

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How To Trademark A Name In The US: Step-By-Step

Regardless of your business type, the process of trademark approval by the United States Patent and Trademark Office is the same.

This guide breaks down how to trademark your business name, which can be legally used on your goods or services.

Step 1: Verify The Need For A Trademark

Before gathering your documentation and applying for a trademark, verify whether it’s suitable for your business needs.

Different types of businesses have varying expectations, with patents, copyrights, and other processes also applicable.

For example, if you’re seeking to protect a creative work such as a song or literary work, copyright protection is required.

Alternatively, businesses focused on researching and developing inventions will need to apply for a patent to protect the product.

Once you’re clear on your requirements, you can move on to the next step and verify the availability of your desired trademark name.

Step 2: Research Existing Trademarks

Most company owners have a shortlist of business name ideas they’d like to use when selling goods and services.

This list forms the basis of the research phase, during which the trademark database can be checked for existing trademark use.

You can use the USPTO’s Trademark Electronic Search System to confirm availability, which lists all registered and pending applications.

It’s also worthwhile to check for similar trademarks, as applying for a name that closely resembles another will likely result in rejection.

Step 3: Compile Your Trademark Application

With the confirmation of your business name’s availability, you can begin compiling the necessary documentation for the application.

This involves determining the type of trademark, such as a standard character mark or a special form mark, and classifying the trademark.

The USPTO database lists 45 classes of goods or services, from computer and electrical goods to advertising and education.

Once you’ve selected the correct class, you can determine your filing basis, such as for use in commerce or foreign registration.

If you’re based outside the US, consult with an attorney to ensure your application correctly adheres to trademark law.

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Step 4: File With The Patent And Trademark Office

With your application complete, you’re now ready to file it with the United States Patent and Trademark Office for their approval.

You’ll need to create an account and set up two-factor authentication, then complete the application form with the required information.

This includes the applicant’s name and address, along with a description of your products or services and a drawing of your mark.

Once the application is complete, you’ll be provided with a filing date by the USPTO, which can be used for monitoring purposes.

Step 5: Pay Any Required Fees

Trademark applications come with associated filing fees that must be paid to initiate the process.

A basic application fee of $350 is expected for all applications, with this fee also applying to any additional trademark applications.

There may also be additional fees and surcharges if your application is missing any requested information, typically around $100.

If you’re requesting a custom description using free-form text, you’ll be expected to pay an additional fee of $200 per class.

Step 6: Monitor The Application Process

With the application submitted, it’s time to play the waiting game and monitor the process, ready to respond to new requests.

You’ll be given a dedicated serial number following confirmation of the application, allowing you to check on its status.

This can be easily done by logging into your USPTO account and checking for any new updates to your application.

Once applications are submitted, the USPTO assigns an attorney to verify the details, which can take several months to complete.

Step 7: Address Any Issues From The Examining Attorney

In the event the examining attorney raises significant issues regarding your application, these must be addressed promptly.

It could be a discrepancy in your filing information, or it may raise conflicts with trademarks owned by another business.

If this occurs, you or your legal representative will be issued an Office Action letter that outlines the concerns.

Typically, applicants have three months to rectify the issue, although an extension of up to six months can be requested.

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Step 8: Publish For Opposition

Once the application has been approved, the trademark will be announced in the Official Gazette, ready for opposition.

This process of publishing for opposition lasts for 30 days, allowing other businesses to file a valid complaint.

If any complaints are made, this may require you to reconsider your business name or make a counterargument to the USPTO.

When the 30-day period is complete, your application will be finalized, and your trademark name will be officially verified.

Step 9: Receive The Registration Certificate

Your trademark registration certificate serves as confirmation of your application, allowing you to use the ® symbol.

This can be applied across all branding, such as when making a business website or designing packaging for your products.

Serving as proof of ownership of the trademark, the certificate reflects the legal protection the successful registration provides.

Step 10: Maintain Your Trademark Registration

Following the registration of a trademark, business owners are required to file periodic declarations to maintain it.

The first renewal period occurs between the fifth and sixth years of the initial registration, followed by another renewal ten years later.

You may be expected to pay a renewal fee for each new Declaration of Use and provide samples of its ongoing use.

By monitoring upcoming deadlines, you can ensure everything is up to date and avoid unnecessary interruptions to business operations.

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What To Expect After Filing

Once you’ve filed a trademark registration, several steps must be followed before the application process is complete.

These post-filing steps typically go through the following stages:

• An application review by the USPTO to ensure all formal requirements are met to their satisfaction.
• If any objections are identified, an Office Action is issued in the form of a letter outlining the problems that need to be addressed.
• A 30-day opposition period follows the initial publication, allowing third parties time to oppose the application.
• If an “intent to use” has been filed, a Notice of Allowance will be issued by the USPTO within six months, extendable up to 30 months.
• Once proof of use is provided, the registration process will be complete, and the trademark trial will end.

It’s essential to address any issues promptly to avoid additional fees or delays in your registration approval.

Most Common Reasons Trademarks Get Rejected

Trademarking is fundamental to a small business startup checklist, and rejection from the USPTO can be a huge setback.

To help your application process run smoothly, here are some common reasons for trademark rejections to be aware of:

• Potential confusion with other businesses: If your business name and/or logo bear a close resemblance to another company’s branding, this confusion may lead to a rejection.
• Use of generic or descriptive terms: Applying for a business name trademark using generic terms, such as product descriptors, will also lead to rejection. High-profile examples, such as the rejection of Tesla’s Robotaxi name, demonstrate this imperative for creative naming.
• Misleading to consumers: A business name should also avoid any form of deception, for instance, claiming the origins of a product to be from a different place than its actual manufacturing location.

By clarifying the guidelines and consulting a trademark attorney, you can select a business name that is eligible for registration.

Trademark Aternatives

While trademarks are an essential aspect of intellectual property protection, there are other options to strengthen your company’s brand.

Some of the commonly adopted alternatives to trademarking include:

• Registering as an LLC or corporation: Setting up an LLC or corporation offers protection similar to trademarks and prohibits other companies from using your name.
• Using the ™ symbol: By applying the ™ symbol before or during the application process, competitors and consumers are informed that you’re currently in the process of claiming trademark rights.
• Domain name registration: Claiming the accurate domain name for your company’s website is a vital early stage of securing a business name online.

You can also use intellectual property management software to track your trademarks and other legal entities once they’re created.

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FAQs About Trademarking

Still have questions about how to trademark a name? This FAQ section covers the most common concerns so you can avoid confusion and move forward with trademarking your business.

1. What can you trademark?

A trademark can be applied to a range of branding elements, including words, mobile business names, sounds, slogans, and colors.

Additional elements that can be subject to trademark registration include distinctive sounds, such as jingles, and unique packaging designs.

2. How much does a trademark cost?

Setting up a business requires a due diligence checklist, with the cost of trademark registration being an essential element of budgeting.

In the United States, trademark registration costs $250 per class, with potential surcharges also sometimes applicable.

For businesses based outside the United States, check to see what fees are associated with trademark registration in your territory.

3. Do you need a trademark?

While there is no legal requirement for businesses to file a trademark registration, the process is highly recommended.

In addition to granting formal protections, a trademark enhances professionalism, making it easier to secure sponsorship from brands.

4. How long does a trademark last?

Once you’ve registered a trademark for your company, you’ll be expected to file a declaration of use and intent to use after a specific period.

In the United States, this occurs between the fifth and sixth year after the initial registration of your federal trademark.

Following this, you’ll be expected to go through the process again every ten years thereafter for maintenance.

5. What can’t be trademarked?

Before filing your business name for trademark, it’s vital to know what can and can’t be trademarked to save time and money.

Generic terms or descriptive phrases are ineligible for the registration process, as are terms that are misleading, deceptive, or vulgar.

Summary

Trademarking your business name is a critical step in building and protecting a distinctive brand.

By following this guide, you’ll streamline the process, secure exclusive rights, and safeguard your identity with confidence.

Stay on top of trademark renewals, and you’ll be free to focus on the business activities that fuel growth and long-term success.