Protecting your brand assets is one of the most critical aspects of creating a business that has the potential to expand nationwide or globally. Your company name, logo, slogans, and intellectual property rights can eventually be worth billions. That’s why it’s important to know how to trademark a name.
I went through the trademarking process in the United States for my own eCommerce store in the process of writing this blog. I’ve documented the steps so that it’s easy for you to follow. We’ll share all the information you need to trademark a name.
First, we’ll introduce you to the idea of intellectual property and explain the services that the United States Patent and Trademark Office offers. Then we’ll give you a walkthrough of the steps in the application and answer some of the most commonly asked questions about trademarks.
Keep reading or click any of the links below to jump to the section that interests you:
What is a trademark?
A trademark protects brand names and logos from other people or companies using them for goods and services without your permission. It doesn’t cover original works of art, music, or literature, and it doesn’t protect inventions.
A registered business name or domain name doesn’t automatically qualify as a trademark. You can register it as a trademark if you sell goods or services that are associated with the domain name or business name.
Do I need to trademark my business name?
It’s a good idea to trademark your business name, but unless you have ambitions to become a regional, national, or international brand, it’s not always necessary. The process can take months to apply and get approved.
One of the mistakes that many franchise businesses make is that they don’t take the time to verify the name is available before they start the business. Then they have to change it later when they want to expand.
You can find out more about how Scoop Troop changed its name to Swoop Scoop® in their blog about their rebrand. Want to learn even more about the poop scooping business? Check out our pooper scooper business course with the founder.
Is a trademark application right for you?
The only time you should apply for a trademark is if you have a business name that’s used on your packaging, website, products, or services.
For art, literature, and music, you should apply for a copyright. Similarly, patents protect inventions that you want to make sure nobody else uses without your permission.
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How to Trademark a Business Name
Applying for a trademark is a simple five-step process:
- Get ready to apply for your trademark.
- Prepare and submit your trademark application.
- Work with a government patent attorney.
- Receive tentative approval or denial.
- Maintain your registration.
Step #1. Get Ready to Apply
Before you apply for a trademark, you’ll need to research whether the trade name is available, gather documentation, and create an account. Let’s look at each of the following to understand what they include.
Search to See If There’s an Existing Trademark
Small business owners should do the research to establish whether another business owner already has the same or a similar name under trademark law. If you don’t check this before registering a trademark, you might be wasting a lot of time and money on applying for trademark rights that aren’t available.
Use the trademark search on the U.S. Patent and Trademark Office (USPTO) website. You just type in the name and a list of existing trademarks will pop up.
If there’s an existing trademark owner, the information to approach them will be in the search. You can attempt to get legal ownership of the brand name by buying the trademark rights or paying a licensing fee to use the brand name. You’ll need legal advice from a law firm to successfully do so.
Prepare Documentation
You’ll need the following documentation:
- Business documents for the name of the organization that will own the trademark, if applicable
- Personal information of the owner
- Personal information of the person applying (if different than owner)
- Products you are or will be selling
- Proof of the trademark in commercial use by the company
- The international class number for each type of product or service you’re registering a trademark to protect
Create a USPTO account
First, you’ll need to create a USPTO account. Put in your name, email, and phone number, then accept the terms of service and answer the recaptcha.
It will then send you an email that asks you to verify your contact information. From there, you’ll need to create a 12-character password that includes upper and lowercase letters, numbers, and special characters.
Once you create the password, you’ll be able to set up two-factor authentication (2FA) and input additional contact information. Set it up according to your preference, but be aware that the following steps will require 2FA. If you don’t set up a different contact method, it will use your email.
The option to file a trademark application is in the top left column. You’ll want to go there. It will ask for you to provide the 2FA code. Now that you’re in the Trademark Electronic Application System (TEAS), it’s time to start the trademark application process.
Step #2. Apply Using the Trademark Electronic Application System
The next step in the trademarking process is preparing and submitting your business name for trademark protection. The first page gives some information on the following:
- The overall application process
- Contact details for the United States Patent and Trademark Office
- A notification that 30 minutes of inactivity logs you out of the system
You’ll need to answer a few questions to get started. The first question asks how you want to file. The TEAS Plus application has a reduced fee of $250 per class of goods or services.
You should only choose this option if you are 100% confident that you will fill out the trademark protection application completely and correctly. They will increase your filing fees if there’s even one error.
Your other choice is TEAS Standard with a fee of $350 per class of goods or services. For this example, I’m filing a TEAS Standard application. They help you if you make an error in the application process.
Next, they’ll ask you if an attorney is filing the application. I expect most readers won’t be using an attorney when getting a trademark for their business name. You should review the trademark basics page if you haven’t already.
The next page will ask for information regarding the owner of the mark. It will require the following information:
- Owner’s name: If using a person’s name, use the format last name, first name, middle name.
- Business name: This section asks whether the business is known by another name. If you have a “doing business as” (DBA) name, put it here. If you’re involved in investment trading, you may use “trading as” (TA). The “formerly” option is for name changes that occur like Facebook changing to Meta.
- Entity type: The system asks different questions based on the entity type chosen and whether you’re a foreign or domestic company.
- Domicile address: This is the physical address of the business. You can choose to use the same as the mailing address.
- Contact information: You’ll need to add your phone number, fax, and email.
- Website: Include your business website.
Once you input all this information, you’ll be ready to actually submit the trademark application.
The next page allows three options for filing:
- Standard characters: No style or design elements are allowed. You’ll have to reapply when you have a design if you use this option.
- Special form: If you want the design included, it will ask you to upload a .jpeg and describe it based on looks, text, and color. The system will also allow you to add a variety of additional statements if any apply. Consult with a lawyer to see if you need any of these statements when you trademark a business name.
- Sound mark: If your business name or slogan is being said verbally, you may want to trademark a sound mark.
My description was: Cartoon man with a brown goatee and an eye patch with the top of his head exploding located top center. “Brandon’s Insanitorium” is directly below the cartoon man.
After you’ve entered the description, it’s time to choose the types of products that will be protected by the trademark.
For every class of goods, you’ll need to provide the international class number and the assigned filing basis. You’ll also need to add evidence, a description of the evidence, a website link (if applicable), and a date of commercial use. The photo below shows an example from my business name trademark application.
The filing basis can be broken into four basic options:
- Use in commerce basis (under Trademark Act Section 1(a)): The logo and business name are currently in use.
- Intent-to-use basis (under Section 1(b)): The logo and business name are intended for commercial use in the near future.
- Foreign registration basis (under Section 44(e)): This filing basis means your logo and business name are already owned under a foreign registration in a different country and you want them to apply to the U.S.
- Foreign application basis (under Section 44(d)): Your logo and business name are already owned under a foreign registration that occurred in the last six months in a different country and you want them to apply to the U.S. This filing expedites the process.
The next page will let you create a custom 12-character reference number and add a backup email.
The final page requests verification of the amount. In my case, it cost $1,400. You’ll also need to confirm that the information is true to the best of your knowledge and either:
- Sign electronically
- Print and sign
- Email to a second party for signature
- Send without signature
Personally, I use the Adobe Fill & Sign app to sign documents from my phone. Then you’ll go to a page encouraging you to review the documents for errors and save the document. When you’re ready, proceed to the payment page.
Step #3. Work With a Government Patent Attorney
There’s still more to do before you have exclusive rights to provide goods and services under the trademark name. You might wait months for the trademark to get an initial review and years for the entire process to trademark a company name.
This step of the registration process will require a USPTO trademark attorney to review your application for these situations:
- There is an identical or similar mark that your trademark would be infringing upon.
- You filled out the application correctly.
- The documentation you provided about the goods or services proves that you qualify for the trademark for each product or service.
Upon the first review, the USPTO will send you a letter if there are any issues. They call this an office action. You will have up to six months to respond, so the more attentive you are, the quicker you’ll get the trademark name.
After you respond to the office action, they will review it again and either reject or accept the application. Once this occurs, your path will vary depending on the result.
Step #4. Receive Tentative Approval or Denial of Your Application
The next step to trademark your business name depends on whether you get an approval or a denial. Let’s look at both of these outcomes to understand the next step in how to get a trademark.
How to Trademark Your Business Name After Approval
Assuming you performed the search and were cooperative with the lawyer, a trademark will be published in the Official Gazette. If no one contests your trademark for 30 to 90 days after the publication date, you successfully receive the registered trademark.
If another business claims they own the rights to the business mark or contests the registration of the desired name, there will be a trial at the Trademark Trial and Appeal Board.
The appeal board will operate using the same laws as a federal court. These cases occur when another brand identity thinks the mark will cause them harm because your mark is too similar to theirs.
Only 2.8% of registration applications go through opposition proceedings. Of that number, 55.2% of the ones that do still become a registered mark after the proceeding.
Let’s look at what to do if you get rejected on the path to get your limited liability company a business mark.
Your Business Mark Application Got Rejected
If the lawyer rejects your trademark registration, you’ll have a chance to correct it and get it approved. If they reject you twice, you still have the right to appeal to get your business mark approved.
This goes through the same appeal board, but these cases have much lower chances of success. These cases are often held up over issues like common words or another business already owning the business mark.
If you have to appeal a rejection, you may spend years in court fighting for approval. Now that you know the results of an unlikely rejection, let’s look at how to maintain your trademark registration.
Step #5. Maintain Your Registration
Once your trademark has been approved, you’ll need to submit documentation to maintain the trademark business name. The following links require a USPTO account and fees may be subject to annual changes:
- Declaration of Use and/or Excusable Nonuse of a Mark under Section 8: You’ll need to file this document after five years but before six years have passed. It’s due again between the 9th and 10th year. From then on, you’ll need to file the Declaration of Use every 10 years after for the full life of the business. At the time of writing, there is a $225 fee and a $100 six-month extension option per class.
- Declaration of Incontestability of a Mark under Section 15: This document should be filed after the first five years. It makes it where other companies can’t challenge your claim to the trademark business name. At the time of writing, it is a one-time filing of $225 per class and can be combined with the Declaration of Use and/or Excusable Nonuse of a Mark form during the fifth year.
- Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9: This document needs to be filled out between the 9th and 10th year and every 10 years after to keep your trademark. The fee is $525 per class at the time of writing, but the USPTO reserves the right to change fees.
Learn more about how to trademark a company name and maintain it on the USPTO’s page about keeping your registration alive.
FAQ About Trademark Registration
How much does it cost to trademark a name?
It costs $250 to $350 per class to get a mark. Additional fees apply if you ask for an extension request, require legal action, or want border protection against a geographic area outside of the U.S.
Is it free to trademark a name?
No, but if you have been using a name for years and someone later registers the same name, you may be able to win an opposition case using common law rights. Don’t assume the courts will protect you if someone files a similar mark before you. Apply to register your trademark as soon as possible.
What’s the cheapest way to trademark a name?
Trademarking a company name is always going to be expensive. One of the least expensive ways to get a trademark is to go to a print-on-demand company like Printful, use their logo generator, throw the logo on a t-shirt, and sell it through an eCommerce shop like Shopify.
Then do the trademark yourself for $250 under the already-in-commercial-use option on the USPTO application. Wait for it to go through the whole process. Start selling other items, then apply for other classes as you go. That’s how you trademark for less.
Conclusion
That finalizes our walkthrough about trademarking. We’ve introduced you to trademarks and other intellectual property, provided the resources to learn more about it, and walked you through the application process.
If you have any questions, check out our FAQ or leave them in the comments. What aspect of trademarking and intellectual property would you like to know more about?
