Trademarking a business name costs $250-350 per class through the USPTO, takes 12-18 months from filing to registration, and gives you exclusive nationwide rights to your name within your industry. The most important step happens before you file: searching for existing trademarks that could block your application or expose you to infringement claims.
You picked a business name you love. You registered the domain, claimed the social handles, maybe even printed the first batch of stickers. But without a federal trademark, you don't actually own that name. Anyone with an earlier claim can force you to stop using it.
Trademarking a business name is one of those things that sounds intimidating but is surprisingly approachable once you understand the process. You don't need a law degree. You do need patience, attention to detail, and a willingness to do proper research before you file.
This guide walks through the entire USPTO trademark registration process, from initial search to final registration. It also covers costs, timelines, common rejection reasons, and when you should consider hiring an attorney.
Why You Need a Trademark (and What It Actually Protects)
A trademark protects a word, phrase, symbol, or design that identifies your goods or services and distinguishes them from competitors. When you trademark your business name, you gain exclusive rights to use that name in connection with your specific industry, nationwide.
Without a registered trademark, you only have "common-law" rights based on actual use of the name in a specific geographic area. That means a company in another state could start using the same name in the same industry, and your legal options would be limited.
Here is what a federal trademark registration gives you:
- Nationwide protection in your registered class of goods or services
- Legal presumption of ownership, making it far easier to enforce your rights
- The right to use the ® symbol, which deters infringers
- The ability to register with U.S. Customs to block infringing imports
- A basis for filing trademarks internationally through the Madrid Protocol
TM vs. ® : What's the Difference?
This is one of the most common points of confusion, so let's clear it up before going further.
| Symbol | Meaning | When You Can Use It | Legal Protection |
|---|---|---|---|
| TM (™) | Trademark claim | Anytime, no registration required | Common-law rights only, limited to your geographic area |
| SM (℠) | Service mark claim | Anytime for services, no registration required | Same as TM but specifically for services |
| ® (Registered) | Federally registered trademark | Only after USPTO registration is granted | Full federal protection, nationwide exclusive rights |
You can start using the TM symbol today, right now, without filing anything. It simply signals that you consider the name to be your trademark. It carries some legal weight through common-law rights, but it is far weaker than a registered mark.
The ® symbol is legally restricted. Using it before your trademark is officially registered is a federal offense that can result in penalties and undermine your credibility in court. Only use it once you receive your registration certificate from the USPTO.
Trademark vs. Copyright vs. Patent
People often mix these up. They protect entirely different things.
| Protection Type | What It Covers | Example | Duration |
|---|---|---|---|
| Trademark | Brand names, logos, slogans | The name "Nike" and its swoosh logo | Indefinite (must renew every 10 years) |
| Copyright | Creative works: books, music, art, software code | A novel, a photograph, source code | Life of author + 70 years |
| Patent | Inventions and functional designs | A new type of engine, a drug formula | 20 years from filing |
If you are trying to protect a business name, you want a trademark. Copyright and patents do not apply here.
Step 1: Search for Existing Trademarks Before You File
This is where most people go wrong. They skip the search, file an application, wait months, and then get a refusal because a similar mark already exists. The filing fee is non-refundable. Do the research first.
The USPTO does not refund your filing fee if your application is rejected. A thorough pre-filing search can save you $250-350 and months of wasted time. This is not the step to rush through.
Where to Search
USPTO Trademark Electronic Search System (TESS): The USPTO's free database lets you search all active, pending, and recently expired federal trademarks. Search your exact name, phonetic equivalents, and close variations.
WIPO Global Brand Database: The World Intellectual Property Organization's database covers trademarks across 70+ countries. Important if you have any international ambitions.
State Trademark Databases: Each state maintains its own trademark registry, separate from the federal system. Check your state's Secretary of State website.
Google and General Web Search: Look for unregistered businesses using the name. Common-law trademark rights exist even without registration, and discovering an existing user after you file creates problems.
NameSniper's Trademark Checker: For a fast initial screening, NameSniper's brand name checker runs your name against known trademark conflicts and flags potential issues. It is not a substitute for a full TESS search, but it catches obvious conflicts in seconds and saves you from wasting time on names that are clearly taken. Our trademark search guide walks through the full process.
What You're Looking For
The USPTO does not just reject exact matches. They reject anything that creates a "likelihood of confusion" with an existing mark in a related class. That means:
- Phonetic similarity: "Blu" and "Blue" would likely conflict
- Visual similarity: "KLEAR" and "CLEAR" could be rejected
- Conceptual similarity: "SunPath" and "SolarTrail" might conflict if used in the same industry
- Related goods/services: Even if the name is slightly different, similar products trigger scrutiny
Step 2: Determine Your Filing Basis
The USPTO requires you to specify why you are eligible to file. There are two main options for most small businesses.
| Filing Basis | Requirement | Best For | Key Detail |
|---|---|---|---|
| Use in Commerce (Section 1a) | Already using the name to sell goods/services | Businesses already operating | Must submit proof of use (specimen) |
| Intent to Use (Section 1b) | Planning to use the name but haven't started yet | Pre-launch businesses | Additional $100 fee when you begin use |
If you are already selling products or services under the name, file under "Use in Commerce." You will need to submit a specimen showing the name in actual commercial use, like a product label, website screenshot, or invoice.
If you are still in the planning stage, file under "Intent to Use." This lets you lock in your filing date (which matters for priority) while you prepare to launch. You will have up to 36 months to submit proof of actual use, though extensions require additional fees.
Step 3: Identify Your Trademark Class
Trademarks are registered under specific categories from the Nice Classification system, which divides all goods and services into 45 classes. You pay the filing fee for each class you register in, so precision matters.
The most relevant classes for online businesses and startups:
- Class 9: Software, mobile apps, downloadable digital content
- Class 35: Advertising, marketing services, business consulting, online retail
- Class 38: Telecommunications, messaging platforms, streaming
- Class 41: Education, entertainment, online courses, publishing
- Class 42: SaaS, web hosting, cloud computing, IT services
File only for the classes where you actually provide goods or services (or have a genuine intent to). Filing for extra classes increases your costs and the USPTO may question applications that seem overly broad. Most startups need one or two classes.
Step 4: File Your Application with the USPTO
The actual filing happens through the USPTO's Trademark Electronic Application System (TEAS). There are two filing options.
| Option | Filing Fee (per class) | Description Form | Best For |
|---|---|---|---|
| TEAS Plus | $250 | Must use pre-approved descriptions from the ID Manual | Simple, straightforward applications |
| TEAS Standard | $350 | Can write custom descriptions | Complex or unusual goods/services |
TEAS Plus is cheaper but requires that your goods and services description exactly matches entries in the USPTO's Acceptable Identification of Goods and Services Manual. If your business fits neatly into their predefined categories, go with TEAS Plus and save $100 per class.
What you will need for the application:
- Your name and contact information (or your attorney's)
- A clear representation of the mark (your business name, exactly as used)
- The filing basis (Use in Commerce or Intent to Use)
- A description of goods/services, assigned to the correct class(es)
- A specimen showing the mark in use (if filing under Use in Commerce)
- The filing fee (credit card, electronic funds transfer, or deposit account)
Step 5: Navigate the Examination Process
After you file, your application enters a queue. Here is what happens and roughly when.
Initial processing (1-2 weeks)
The USPTO assigns a serial number and confirms receipt. You can track your application status through the Trademark Status and Document Retrieval (TSDR) system.
Examining attorney review (3-4 months)
A USPTO examining attorney reviews your application for compliance with federal trademark law. They check for conflicts with existing marks, descriptiveness issues, and procedural problems.
Office action (if issued)
If the examiner finds issues, they issue an Office Action. You have 3 months to respond (extendable to 6 months for a fee). Common issues include likelihood of confusion, descriptiveness, and incomplete specimens. About 25% of applications receive one.
Publication for opposition (30 days)
Once approved by the examiner, your mark is published in the Official Gazette. Any third party who believes they would be harmed by your registration has 30 days to file an opposition.
Registration or Notice of Allowance
If no one opposes, marks filed under Use in Commerce proceed directly to registration. Intent to Use applications receive a Notice of Allowance, and you have 6 months (extendable) to submit a Statement of Use with proof of commercial use.
The entire process typically takes 12-18 months. If you receive an Office Action, add another 3-6 months. If someone files an opposition, it can take significantly longer.
How Much Does It Really Cost to Trademark a Business Name?
The filing fee is just the starting point. Here is a realistic breakdown of total costs.
| Cost Item | DIY Filing | With Attorney |
|---|---|---|
| USPTO filing fee (TEAS Plus) | $250 per class | $250 per class |
| USPTO filing fee (TEAS Standard) | $350 per class | $350 per class |
| Attorney fees | $0 | $500-2,000+ |
| Pre-filing comprehensive search | $0-100 (self-service tools) | $300-600 (professional search report) |
| Statement of Use fee (Intent to Use only) | $100 per class | $100 per class |
| Extension of time to file Statement of Use | $125 per request per class | $125 per request per class |
| Total for one class (typical) | $250-475 | $1,000-3,000+ |
For a straightforward application in a single class, most founders can handle it themselves for under $500. The process is well-documented, and the USPTO's own guides are genuinely helpful.
When to hire an attorney: If your pre-filing search revealed any close matches, if your goods and services are hard to classify, or if you receive an Office Action you don't understand. A trademark attorney's $500-1,500 fee is a small price compared to restarting the process from scratch.
Common Reasons Trademark Applications Get Rejected
Understanding why applications fail helps you avoid the same mistakes. According to the USPTO's examination guide, the most frequent grounds for refusal include:
Likelihood of confusion (Section 2(d)): Your mark is too similar to an existing registered mark in a related class. This is the most common reason for rejection. A thorough pre-filing search is your best defense.
Merely descriptive (Section 2(e)(1)): Your name simply describes a feature, quality, or characteristic of your goods or services. "Fast Delivery Service" for a shipping company would be rejected. Suggestive names ("Netflix" suggesting internet movies) are fine. Directly descriptive names are not.
Geographically descriptive: "Brooklyn Pizza" for a pizza restaurant would face this objection unless you can prove the name has acquired distinctiveness through long-term use.
Primarily a surname: Common last names like "Johnson" or "Williams" are difficult to register without evidence of acquired distinctiveness (years of commercial use building brand recognition).
Ornamental use: If the name appears on merchandise only as a decorative element (like a slogan on a t-shirt) rather than as a brand identifier, it may be refused.
Receiving an Office Action is not the end of the road. Many Office Actions are resolved by amending the description of goods/services, submitting a better specimen, or providing a legal argument for why confusion is unlikely. Roughly half of Office Actions result in eventual registration after the applicant responds.
After Registration: Maintaining Your Trademark
Getting registered is not the finish line. Federal trademarks require ongoing maintenance, or you lose them.
Between years 5 and 6: File a Section 8 Declaration of Continued Use, confirming you are still using the mark in commerce. If you miss this deadline, your registration is cancelled.
At year 10 (and every 10 years after): File a combined Section 8 and 9 renewal. The fee is $525 per class as of 2026.
Ongoing enforcement: A trademark you do not defend can become "genericized" and lose protection. (Think of how "aspirin" and "escalator" were once trademarks.) Monitor for infringement and take action when necessary.
Should You Trademark Your Business Name? A Decision Framework
Not every business needs a federal trademark immediately. Here is how to decide.
Register now if you:
- Are building a brand you plan to scale nationally or internationally
- Operate in a competitive space where name confusion is likely
- Plan to raise funding (investors expect IP protection)
- Sell products online (you are already in interstate commerce)
- Want to reclaim social media handles from squatters (trademark claims carry weight)
You can wait if you:
- Are a freelancer or sole proprietor operating locally under your own name
- Are still testing a business idea and may pivot
- Have a highly unique, made-up name with zero search results
Even if you wait on the federal registration, start using the TM symbol immediately. It establishes a paper trail of your claim and puts others on notice.
Run Your Trademark Search Before You File
The single biggest mistake founders make is falling in love with a name, filing a trademark application, and then discovering a conflict that kills it months later, after they have already invested time, money, and brand equity.
Search first. Search thoroughly. Use the USPTO's TESS database for federal marks, the WIPO Global Brand Database for international coverage, and NameSniper's availability checker for a fast initial screening across trademarks, domains, and social media handles simultaneously.
The 20 minutes you spend searching can save you $350 in wasted filing fees, 12 months of waiting on a doomed application, and the gut-wrenching realization that you need to start over.
Related Resources
- Trademark Search Guide - full USPTO search walkthrough with risk assessment
- How to Check If a Business Name Is Taken - the complete availability checklist
- Brand Name Checker - check trademarks, domains, and social handles in one search
- What to Do When Your Brand Name Is Taken - strategies for navigating naming conflicts
The Bottom Line
Trademarking a business name is not fast and it is not free, but it is one of the most valuable things you can do to protect a brand you are serious about. The process is straightforward: search for conflicts, choose your class, file through TEAS, and respond to any examiner questions along the way.
Start with the search. Everything else flows from there.