Your business name is an asset — trademarking it in the US through the USPTO gives you nationwide exclusive rights and the legal power to stop copycats. The process: search existing marks, file online ($250-$350 per class), and wait 8-12 months for examination and registration. It’s very DIY-able for straightforward names.
I’ve watched businesses lose names they spent years building because they skipped this. Here’s the complete process — and when to hire a lawyer instead.
Step 1: Search First (Don’t Skip This)
Filing without searching is lighting $250 on fire:
- USPTO TESS database: search the federal registry at uspto.gov — look for identical and similar names in related goods/services. “Likelihood of confusion” is the standard, not exact matches.
- Google + app stores + social media: common-law (unregistered) users have rights in their geographic area. A strong regional brand can block you even without a federal registration.
- State trademark databases: check your state’s registry too.
- Domain and social handles: not legal clearance, but practical — if every handle is taken, reconsider the name regardless.
- What kills applications: names that are merely descriptive (“Best Pizza”), generic (“Computer Store”), primarily surnames, or confusingly similar to existing marks in the same class.
Strong marks: invented words (Kodak), arbitrary words (Apple for computers), suggestive words (Netflix). Weak marks: descriptive (“Speedy Delivery”). Pick a strong name and the trademark process gets dramatically easier.
Step 2: File the Application ($250-$350)
- Where: USPTO Trademark Electronic Application System (TEAS) at uspto.gov. Two filing options: TEAS Plus ($250/class) — cheaper, stricter requirements; TEAS Standard ($350/class) — more flexibility.
- Classes: trademarks register per international class of goods/services (45 total). A clothing brand (Class 25) that also sells online retail services (Class 35) needs both — that’s 2x the fee. Choose carefully: too narrow and you’re unprotected; too broad and you pay for classes you can’t prove use in.
- Use vs. intent-to-use: already using the name in commerce? File use-based (provide a specimen — photo of product/packaging/website showing the mark). Not yet launched? File intent-to-use (reserve the name, prove use later — small extra fees at that stage).
- The specimen matters: it must show the mark as used on the goods/services — a mockup doesn’t count. Screenshots of your live store with the branding work for services.
- Owner: file under the LLC/corporation if you have one — the business should own its brand, not you personally.
Step 3: The Waiting Game (8-12 Months)
- 3-4 months: assigned to an examining attorney who searches for conflicts and reviews compliance.
- Office actions (common): ~60% of applications get one — usually fixable (disclaimers, description tweaks, evidence of distinctiveness). Respond within 3 months (extendable). Many DIY filers stall here — read carefully, respond precisely.
- Publication: approved marks publish in the Official Gazette for 30 days — anyone can oppose. Oppositions are rare for small businesses but real.
- Registration: no opposition → certificate issues. Use-based: ~8-12 months total. Intent-to-use: longer (must prove use first).
- Then maintain it: Section 8 declaration at years 5-6 (still in use), renewals every 10 years. Miss the deadlines and the registration cancels — calendar them.
Total DIY cost: $250-$350 per class plus your time. Total with attorney: $1,000-$2,500 all-in for a straightforward filing.
DIY vs. Lawyer: When Each Makes Sense
- DIY is fine when: the name is distinctive (invented/arbitrary), the search came back clean, one or two classes, straightforward goods/services. The TEAS system is genuinely usable.
- Hire a trademark attorney when: the name is descriptive-ish (needs distinctiveness arguments), the search found close calls, you’re filing in 3+ classes, you’ve received an office action you don’t understand, or someone opposes. Also: before investing heavily in branding — a $500 attorney clearance opinion beats a $20,000 rebrand.
- What attorneys actually add: better searching (they find what TESS misses), proper class/description drafting (the #1 DIY error), office-action responses that succeed, and enforcement advice later.
- Flat-fee trademark attorneys ($750-$1,500 plus USPTO fees) are common — avoid anyone charging hourly for routine filings.
- Never use: $99 “trademark services” that just file the form with no search or advice — worse than DIY because you think you’re protected.
After Registration: Protecting the Mark
- Use the ® symbol — only legal with federal registration (™ is fine anytime, it just claims the mark).
- Police your mark: trademarks require enforcement — ignore infringers long enough and rights weaken. Set up Google Alerts for your name; check marketplaces periodically.
- Cease-and-desist: start polite (many infringements are innocent) — a firm letter from you or an attorney resolves most. Escalate to USPTO/Amazon takedowns, then litigation if needed.
- License carefully: if others use your mark (franchisees, merch partners), use written quality-control agreements — uncontrolled licensing can void the mark (“naked licensing”).
- Expand protection as you grow: logo versions, slogans, international filings (Madrid Protocol) when selling abroad.
- Domain defense: trademark registration massively strengthens UDRP domain-dispute cases against cybersquatters.
The unglamorous truth: registration is the beginning, not the end. A trademark you don’t monitor and enforce is a certificate on the wall. But with it, you own your brand nationwide — without it, you’re renting your name from whoever files first. The USPTO’s trademark basics is the official starting point.
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The Bottom Line
Trademark process: search TESS + Google thoroughly → file via TEAS ($250-$350/class, use-based if selling, intent-to-use if not) → respond to office actions within 3 months → registration in 8-12 months → maintain with year 5-6 declaration and 10-year renewals. DIY for distinctive names with clean searches; attorney ($750-$1,500 flat) for close calls or multi-class filings. Pick a strong (invented/arbitrary) name and everything gets easier.
Frequently Asked Questions
How much does it cost to trademark a business name?
$250-$350 per USPTO class DIY (TEAS Plus/Standard), or $1,000-$2,500 all-in with a trademark attorney for a straightforward filing. Multi-class filings multiply the USPTO fee per class.
Do I need a trademark if I have an LLC?
Yes — they’re different things. An LLC registration lets you operate under the name in your state; a trademark gives you exclusive nationwide rights to the brand and the power to stop copycats. The LLC doesn’t protect the brand.
Can I trademark a name someone else is already using?
Generally no — prior use (even unregistered ‘common law’ use) has rights, and the USPTO refuses confusingly similar marks. This is why the clearance search comes before filing, and ideally before you invest in branding.
