How to Trademark a Name: Complete 2026 Guide
Trademarking a name means registering it as a federal trademark with the United States Patent and Trademark Office (USPTO), giving you exclusive nationwide rights to use that name in connection with your goods or services. The process takes 8–14 months from filing to registration and costs $850 at Michael Meyer Law — $500 in attorney fees plus $350 in USPTO filing fees.
This guide covers every step of the trademark process from start to finish: what qualifies for trademark protection, how to search before you file, how to prepare and submit your application, what happens during USPTO examination, and what to do if the USPTO refuses your application. If you want an attorney to handle the process for you, contact Michael Meyer Law for a flat-fee quote.
What a Trademark Protects — and What It Does Not
Before walking through the how-to, it is worth being precise about what a trademark actually does and does not protect, because the distinction matters for deciding whether to file and what to file.
A federal trademark registration gives you the exclusive right to use your name in commerce in connection with the specific goods or services listed in your application. If a competitor starts using a confusingly similar name for similar goods or services, your registration gives you legal presumption of ownership nationwide and the ability to enforce your rights in federal court.
What a trademark does not do: it does not give you exclusive rights to the name for every possible use. A trademark is always tied to a specific class or classes of goods and services. Two businesses can legally share the same name if they operate in completely different industries with no likelihood of consumer confusion — "Delta" is both an airline and a faucet brand, for example.
A trademark also does not protect a business name from being used as a business entity name by someone else. Registering your LLC or corporation name with the Nebraska Secretary of State is a separate process from federal trademark registration and provides no trademark rights. Only a USPTO registration protects your brand nationally in commerce.
Step 1 — Determine Whether Your Name Qualifies for Trademark Protection
Not every name can be trademarked. The USPTO evaluates marks on a spectrum of distinctiveness, and where your name falls on that spectrum determines how easy it will be to register and how strong your trademark will be once registered.
Fanciful marks — Strongest
Invented words with no prior meaning — KODAK, XEROX, HÄAGEN-DAZS. These are the strongest possible trademarks because they have no meaning other than as a brand identifier. They are the easiest to register and the most defensible once registered.
Arbitrary marks — Strong
Real words applied to products or services completely unrelated to their meaning — APPLE for computers, AMAZON for retail, SHELL for petroleum. Equally strong as fanciful marks and easy to register.
Suggestive marks — Protectable
Marks that hint at a quality or characteristic of the product without directly describing it — NETFLIX, JAGUAR for cars, COPPERTONE for sunscreen. Protectable without proving secondary meaning, and common among strong brands.
Descriptive marks — Difficult without secondary meaning
Marks that directly describe a feature, quality, or characteristic of the goods or services — COLD AND CREAMY for ice cream, SHARP for electronics. These cannot be registered without proving that consumers have come to recognize the term as a source identifier for your specific brand, a standard called "acquired distinctiveness" or "secondary meaning." This takes years of exclusive use and significant marketing investment.
Generic terms — Never registrable
If your name is simply the common term for the type of product or service you sell — like APPLE for apple juice — it is not registrable. Generic names can also lose trademark protection if they become the common name for a category (aspirin, escalator, and thermos were all once trademarks that became generic).
Before spending money on a search or application, honestly assess where your name falls on this spectrum. If it is descriptive of your goods or services, discuss the filing strategy with an attorney before proceeding.
Step 2 — Conduct a Comprehensive Trademark Clearance Search
The single most important thing you can do before filing a trademark application is conduct a thorough clearance search. Over 40% of trademark applications receive a USPTO Office Action, and a significant portion of those refusals involve likelihood of confusion with an existing mark that a proper search would have identified.
A complete clearance search has three components:
Federal database search (TESS) — The USPTO's Trademark Electronic Search System at tess2.uspto.gov allows you to search all active and recently expired federal trademark registrations. Search for your exact name, common misspellings, phonetic equivalents, and abbreviated versions. A mark does not have to be identical to create a likelihood of confusion — it only needs to be similar enough that consumers might be confused about the source of the goods or services.
State trademark database search — Every state maintains its own trademark registry for marks used only within that state. A state trademark registration does not provide federal rights, but it does establish prior use that can affect your federal application. Search your state's registry and any states where you operate.
Common law search — Common law trademark rights arise from actual use in commerce, even without registration. A business that has been using a name for years without registering it may have prior common law rights in its geographic area. Common law searches cover business name databases, domain name registrations, social media handles, and general internet searches. This is the component most often skipped by DIY filers — and the one that produces the most expensive surprises.
A comprehensive clearance search is the service that most distinguishes attorney-handled trademark work from online filing platforms. Basic online services typically run only a direct-hit TESS search — checking for exact matches — without the phonetic search, common law search, and legal analysis that a thorough clearance requires. At Michael Meyer Law, the clearance search is included in the $500 flat attorney fee and covers all three components.
Step 3 — Identify the Right Trademark Class for Your Goods or Services
Federal trademark registrations are organized into 45 classes under the Nice Classification system — 34 classes for goods and 11 classes for services. Your application must identify the specific class or classes that cover your goods or services, and you pay the USPTO filing fee separately for each class.
Selecting the right class matters for two reasons. First, the USPTO examines your application within the context of your identified class — a likelihood of confusion analysis compares your mark against existing marks in the same or related classes. Second, your trademark protection only extends to the classes you register. If you sell software (Class 9) but do not register for online software services (Class 42), another company could register your brand name for SaaS products.
Some common classes that come up frequently for small businesses and startups:
- Class 9: Software, apps, electronic goods
- Class 25: Clothing and apparel
- Class 35: Business services, retail store services, online retail
- Class 41: Education, entertainment, publication services
- Class 42: Technology services, software-as-a-service, web development
- Class 44: Medical and healthcare services
- Class 45: Legal services, security services, personal and social services
Most small businesses need only one or two classes. Filing in too many classes creates unnecessary costs — both upfront in filing fees and long-term in maintenance obligations. A trademark attorney can advise on the minimum necessary classes to adequately protect your brand.
Step 4 — Choose Your Filing Basis: Use-in-Commerce or Intent-to-Use
Every trademark application must specify a filing basis — the legal ground on which you are claiming trademark rights.
Use-in-commerce (Section 1(a)) is available if you are already using the mark in commerce in connection with the goods or services listed in your application. "Use in commerce" means the mark must appear on the goods themselves, their packaging, or in connection with the services as rendered. For a word mark on a product, this typically means a label, hangtag, or packaging with the name. For a service, it means the mark is used in advertising or rendering the services.
If you file on a use basis, you must provide a specimen — proof of current use — at the time of filing. The specimen cannot be a mock-up, rendering, or prototype; it must show actual commercial use.
Intent-to-use (Section 1(b)) is available if you have a bona fide intention to use the mark in commerce but are not using it yet. This allows you to secure a priority filing date — locking in your place in line — before your product or service launches. The trade-off is additional steps: after the USPTO approves your mark, you must file a Statement of Use (or a series of Extension Requests) proving you have begun using the mark before registration can issue.
Intent-to-use is the right choice for businesses that want to lock in a name before launch. It is commonly used for product launches, new service lines, and brand expansions where commercial use is 6–18 months away.
Step 5 — Prepare and File Your Trademark Application
Federal trademark applications are filed electronically through the USPTO's Trademark Center at trademark.uspto.gov. Applications filed on paper are no longer accepted for most situations.
A complete trademark application includes:
- The mark itself — For a standard character mark (a word or phrase without any specific font, design, or color claimed), you enter the text. For a design mark or stylized logo, you submit an image file. Most businesses file both a standard character mark for the name itself and a separate design mark for the logo.
- Identification of goods and services — This is the description of what you sell or what services you provide. The USPTO requires this to be specific and drawn from or consistent with the ID Manual. The description cannot be overly broad ("all goods in this class") and cannot be vague. Poor identification of goods and services is one of the most common causes of Office Actions.
- The specimen — Proof of current use in commerce (required for use-in-commerce applications). The specimen must show the mark as actually used — not a mock-up.
- The filing fee — Currently $350 per class filed through the standard TEAS application. Paid directly to the USPTO at the time of filing.
- Owner information — The applicant is the person or entity that owns and controls the mark. For a business, this is typically the LLC or corporation, not the individual owner. Trademark ownership should be considered when structuring a new business.
Once the application is submitted electronically, the USPTO assigns a serial number and sends a filing receipt. Examination typically begins 8–12 months after filing under current USPTO timelines.
Step 6 — Navigate USPTO Examination
After filing, your application enters a queue for examination by a USPTO trademark examining attorney — a different person than your filing attorney. The examining attorney reviews the application for compliance with legal requirements and searches the USPTO database for potentially conflicting marks.
There are two possible outcomes from examination:
Approval for publication — If the examiner finds no issues, the mark is approved for publication in the Official Gazette, a weekly USPTO publication. Publication begins a 30-day window during which third parties can file an opposition to your registration. If no opposition is filed (or if opposition proceedings conclude in your favor), the USPTO issues a registration certificate for use-based applications or a Notice of Allowance for intent-to-use applications.
Office Action — If the examiner identifies a problem with the application, they issue a written Office Action explaining the refusal or requirement. You have three months to respond (extendable to six months for a fee). If you do not respond within the deadline, the application goes abandoned.
Step 7 — Respond to a USPTO Office Action (If You Receive One)
More than 40% of trademark applications receive at least one Office Action. Receiving an Office Action is not the end of your application — it is a formal communication that requires a substantive response. Many applications that initially receive Office Actions ultimately proceed to registration after a successful response.
The most common types of Office Actions are:
- Section 2(d) likelihood of confusion refusal — The examiner found an existing registered mark that is similar to yours and covers similar goods or services. This is the most serious type of refusal and requires legal argument addressing the relevant DuPont factors: similarity of the marks, similarity of the goods and services, sophistication of buyers, channels of trade, and other factors. A well-crafted response can distinguish your mark from the cited mark and overcome the refusal.
- Section 2(e)(1) merely descriptive refusal — The examiner determined that your mark directly describes a feature, quality, or characteristic of your goods or services. You can respond by arguing the mark is suggestive rather than descriptive, or by claiming acquired distinctiveness if you have evidence of long and exclusive use.
- Specimen refusal — The specimen you submitted does not demonstrate proper use of the mark in commerce. This can often be resolved by submitting a substitute specimen that meets USPTO requirements.
- Identification of goods and services refusal — The description of your goods or services is too broad, too vague, or contains terms not found in the ID Manual. This is typically resolved by amending the identification to an acceptable alternative.
Responding to an Office Action — particularly a Section 2(d) refusal — requires legal knowledge, strategic judgment, and understanding of USPTO examination practice. Attorney fees for Office Action responses typically run $500–$1,500 depending on complexity. If your application receives a final Office Action and you believe the refusal is incorrect, you can appeal to the Trademark Trial and Appeal Board (TTAB).
Step 8 — Maintain Your Trademark After Registration
Registration is not the end of the process — it is the beginning of an ongoing obligation. Federal trademark registrations can last indefinitely, but only if you actively maintain them.
Between years 5 and 6 — You must file a Declaration of Use (Section 8) proving the mark is still in active commercial use. USPTO fee: $325 per class. You can also file a Declaration of Incontestability (Section 15) at the same time if the mark has been in continuous use for five years, which significantly strengthens your legal position by limiting the grounds on which others can challenge your registration. USPTO fee: $250 per class.
Every 10 years — You must file a combined Declaration of Use and Renewal Application (Sections 8 and 9). USPTO fees: $650 per class combined.
Missing these deadlines means your registration is cancelled. There is no grace period for Section 8 filings beyond the six-month late filing window (with an additional surcharge). Missing the Section 9 renewal is permanent — the registration cannot be revived.
In addition to the maintenance filings, trademark owners have an ongoing obligation to police their mark. If you become aware of an infringing use and do nothing, you may lose the ability to enforce your rights through the legal doctrine of laches — unreasonable delay in enforcing a known right. Trademark monitoring services can alert you when new applications are filed that may conflict with your mark.
How Long Does It Take to Trademark a Name?
Current USPTO processing times for a straightforward application with no Office Actions:
If the application receives an Office Action, add 3–6 months per response cycle. If the matter is appealed to TTAB, add 1–3 years. For a full timeline breakdown, see: How Long Does Trademark Registration Take? 2026 Timeline Guide
How Much Does It Cost to Trademark a Name?
A complete breakdown of trademark costs is in our companion guide: How Much Does a Trademark Cost? Complete 2026 Fee Guide
Summary for a standard single-class registration at Michael Meyer Law:
Should You Hire a Trademark Attorney or File on Your Own?
The USPTO does not require U.S.-based applicants to hire an attorney — you can file entirely on your own through the Trademark Center. Here is an honest assessment of the trade-offs.
Filing on your own costs only the USPTO filing fee ($350 per class). You have full control over the application. The trade-offs: you are responsible for conducting a comprehensive clearance search, correctly identifying your goods and services, selecting the right filing basis, preparing a proper specimen, and responding to any Office Actions. Studies of USPTO filing data show that unrepresented applicants have significantly lower registration rates than represented applicants, particularly when applications encounter complications.
Hiring a trademark attorney adds cost upfront but substantially increases the probability of a successful registration. An attorney conducts a professional clearance search before you spend money on the government fee, drafts the identification of goods and services with precision, and can respond effectively if the USPTO raises an objection. At Michael Meyer Law, the $500 flat attorney fee is all-in for search and filing — the same work that costs $1,500–$3,500 at national IP firms in major metros.
The answer depends on your situation. If your name is clearly fanciful or arbitrary, the search comes back clean, and you understand the filing process, DIY is a reasonable path. If your name is descriptive, you are filing in a crowded class, or the clearance search raises any doubt, professional representation is a sound investment.
Frequently Asked Questions
How do I trademark a business name?
File a federal trademark application with the USPTO through the Trademark Center. The process involves conducting a clearance search, identifying the right trademark class, preparing the application with a proper identification of goods and services and specimen, paying the $350 filing fee per class, and navigating examination. Total time is approximately 10–14 months. With an attorney the total cost is $850 for a single-class registration.
Can I trademark a name I am already using?
Yes. If you are already using the name in commerce — meaning it appears on your goods, packaging, or in connection with your services — you file on a use-in-commerce basis (Section 1(a)). You will need to provide a specimen showing current use at the time of filing.
Can I trademark a name before I launch my business?
Yes, through an intent-to-use (ITU) application under Section 1(b). An ITU application reserves your priority filing date before commercial use begins. You must prove actual use — by filing a Statement of Use — before the trademark can register. The deadline is 6 months after the Notice of Allowance, extendable up to 3 years.
What if someone else is already using my name?
A prior user of a name may have common law trademark rights even without a federal registration. If a clearance search reveals someone using your name in a similar business, consult an attorney before filing. Depending on the circumstances, you may be able to coexist, may need to negotiate, or may need to choose a different name. Filing an application without clearing existing common law use is the most expensive mistake in trademark law.
How is trademarking a name different from registering a business name?
Registering a business name (DBA, LLC, or corporation name) with your state gives you the right to operate under that name within the state. It provides no trademark rights and no protection against others using the same name in different states or in your state in a different business context. Federal trademark registration is separate and provides nationwide rights in commerce.
Does my trademark protect me internationally?
A U.S. federal trademark registration protects you only in the United States. For international protection, you can file through the Madrid Protocol — an international system administered by the World Intellectual Property Organization (WIPO) that allows you to file for protection in up to 130 countries through a single application. International filing requires a U.S. base application or registration.
What happens if two people have the same business name?
If both parties have legitimate trademark rights — one through registration and one through prior common law use — the matter is typically resolved through coexistence agreements, geographic limitations, or TTAB cancellation proceedings. The party with the earlier priority date (either filing date for an ITU application or first use in commerce for a use-based claim) generally prevails. This is why filing early and conducting a thorough clearance search are both critical.
Can I trademark my own name?
Personal names are generally not registrable as trademarks because they are primarily merely a surname — the surname refusal under Section 2(e)(4). However, names that have acquired distinctiveness as brand identifiers — FORD for automobiles, DISNEY for entertainment — can be registered. Personal names used as brand names (RALPH LAUREN, MICHAEL KORS) are registrable when they function as brand identifiers rather than merely identifying a person.
What is the difference between TM, SM, and ®?
TM (trademark) indicates you are claiming rights in a mark used for goods, even without federal registration. SM (service mark) indicates the same for services. Both can be used without federal registration. The ® symbol indicates a federally registered trademark and may only be used after the USPTO issues a registration certificate. Using ® before registration is a federal violation that can affect your ability to enforce your trademark.
Ready to Trademark Your Name?
Michael Meyer is a USPTO-registered trademark attorney (Reg. No. 78,575) who has handled over 200 trademark matters before the USPTO. The flat fee for a comprehensive clearance search and single-class application is $500, plus the $350 USPTO filing fee — no hidden costs, direct attorney access from search through filing.
This article is for informational purposes only and does not constitute legal advice. Trademark law involves fact-specific analysis — contact a licensed attorney to discuss your specific situation.
Written by Michael Meyer, USPTO-Registered Patent & Trademark Attorney, Reg. No. 78,575. Michael has been involved in over 400 patent matters and 200 trademark matters before the USPTO. View credentials and verify license.