How to Trademark a Business Name in the US (Step by Step)
By Klodiana Malellari, Esq. | Malellari Law
You came up with the perfect name for your business. You built a logo, launched a website, maybe even started getting customers. But here's the question most entrepreneurs don't ask until it's too late:
Is your brand actually protected?
Registering an LLC or getting a business license does NOT protect your brand name. Only a federal trademark does. And the good news is — the process is more straightforward than most people think, especially when you know the steps.
Here's a clear, step-by-step breakdown of how to trademark a business name in the United States.
Step 1: Understand What a Trademark Actually Is
A trademark is a word, phrase, logo, or combination of these that identifies the source of your goods or services. When you register a trademark with the United States Patent and Trademark Office (USPTO), you get:
- Nationwide legal protection for your brand name
- The right to use the ® symbol
- A public record that you own the mark
- Legal grounds to stop others from using a confusingly similar name
- Protection that makes it easier to sell or license your brand in the future
Without a federal trademark, your brand protection is limited — and someone in another state can legally use the same name.
Step 2: Conduct a Thorough Trademark Search
Before you file anything, you need to make sure your desired name is actually available.
This means searching the USPTO's trademark database (called TESS) for any existing trademarks that are identical or confusingly similar to yours. But a basic word search isn't enough — you also need to check:
- Phonetically similar names (sounds-alike marks)
- Similar marks in related industries
- Common law trademarks (brands that are in use but not registered)
This is one of the most important — and most overlooked — steps. Filing without a proper search is one of the most common mistakes business owners make, and it can result in a rejected application, a legal dispute, or being forced to rebrand after you've already invested in your business.
Pro tip: A trademark attorney can run a comprehensive clearance search that goes well beyond what a basic USPTO search will show you.
Step 3: Identify the Right Filing Basis
When you file a trademark application, you need to tell the USPTO how you're using (or planning to use) the mark. There are two main options:
- Use in Commerce (1a): You're already using the mark in your business — on your website, products, marketing, etc.
- Intent to Use (1b): You haven't launched yet, but you have a genuine intention to use the mark. This lets you "reserve" the name before you go public.
Choosing the wrong basis is a common mistake that can delay or derail your application.
Step 4: Choose the Right Trademark Classes
Trademarks are registered in specific "classes" of goods and services. There are 45 international classes — everything from software (Class 42) to clothing (Class 25) to legal services (Class 45).
You need to file in the class or classes that match what your business actually does. Filing in the wrong class means your trademark won't protect you where it matters.
Step 5: File Your Application with the USPTO
Once your search is clear and your strategy is set, you file your application through the USPTO's Trademark Electronic Application System (TEAS).
The filing fee is currently $250–$350 per class depending on the form you use. The application asks for:
- Your name and contact information
- The mark itself (word, logo, or both)
- The goods/services you're protecting
- Your filing basis
- A specimen showing the mark in use (if filing under 1a)
After filing, the USPTO assigns your application to an examining attorney who reviews it — typically within a few months.
Step 6: Respond to the USPTO (If Needed)
The USPTO may issue an "Office Action" — a letter raising concerns or requesting clarification about your application. This is common and not a reason to panic, but it does require a timely, well-crafted legal response.
Ignoring or mishandling an Office Action is one of the top reasons trademark applications fail.
Step 7: Publication and Registration
If your application is approved, your mark is published in the USPTO's Official Gazette for 30 days. During this time, third parties can oppose your registration if they believe it conflicts with their own mark.
If no opposition is filed, your trademark is registered and you receive your official certificate. The entire process typically takes 12 to 18 months from filing to registration.
How Long Does Trademark Protection Last?
A registered trademark can last forever — as long as you continue using it in commerce and file the required maintenance documents (at the 5-year and 10-year marks).
Should You Hire a Trademark Attorney?
You can file a trademark application yourself — the USPTO allows it. But the reality is that trademark law has a lot of nuance, and small mistakes can be costly.
A trademark attorney will:
- Run a comprehensive search to catch conflicts you might miss
- Choose the right filing strategy for your business goals
- Draft a strong application that reduces the risk of rejection
- Handle Office Actions and disputes on your behalf
For most business owners, the investment in an attorney pays for itself in time saved, mistakes avoided, and a stronger registration.
Ready to Protect Your Brand?
At Malellari Law, we help entrepreneurs and small business owners navigate the trademark process from start to finish — clearly, efficiently, and nationwide.
Book a free 20-minute consultation today and let's make sure your brand is protected before someone else takes your name.
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Klodiana Malellari, Esq. is the founder of Malellari Law, a trademark law firm serving clients across the United States. She is licensed in Minnesota and Missouri.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a licensed attorney.