How to Trademark a Name

Want to protect your brand name? Registering a trademark gives you exclusive legal rights to use your name for specific goods or services, preventing others from copying or profiting from your reputation. This guide walks you through every step of how to trademark a name in the United States.

What Is a Trademark?

A trademark is a word, name, logo, or symbol that identifies the source of goods or services and distinguishes them from others in the marketplace. Registering your trademark with the U.S. Patent and Trademark Office (USPTO) gives you national protection and the legal power to enforce your rights.

Why You Should Trademark Your Name

• • Gain exclusive nationwide rights to use your name for your products or services.
• • Prevent competitors from using a confusingly similar name.
• • Build brand recognition and value over time.
• • Enhance credibility with investors, partners, and customers.
• • Enable you to take legal action against infringement.

Step-by-Step: How to Trademark a Name

Step 1: Check if Your Name Is Available

Before filing, search the USPTO Trademark Electronic Search System (TESS) to see if a similar name is already registered. Look for both identical and confusingly similar marks. If your name is too similar to an existing trademark in the same class of goods or services, your application may be rejected.

Step 2: Determine the Correct Trademark Class

Trademarks are organized into 45 international classes based on the type of goods or services you offer. Choosing the correct class ensures your protection applies to the right category. You can use the USPTO ID Manual to find the proper classification.

Step 3: Prepare Your Application

To apply, you'll need the following:

• Your name, address, and contact information.
• The name or logo you want to trademark.
• The goods or services associated with the trademark.
• A clear image or text representation of the mark.
• A "specimen" showing how you use the mark in commerce (e.g., a product label or website screenshot).

Step 4: File with the USPTO

Submit your application online through the USPTO TEAS (Trademark Electronic Application System). You'll choose between TEAS Plus and TEAS Standard forms:

• TEAS Plus: $250 per class - cheaper but requires strict form completion.
• TEAS Standard: $350 per class - allows more flexibility in describing goods/services.

Step 5: Monitor and Respond to USPTO Updates

After submission, your application will be reviewed by a USPTO examining attorney. You may receive an "Office Action" if issues arise, such as conflicts with existing marks or missing information. Respond promptly to avoid delays or abandonment.

Step 6: Publication and Registration

If approved, your mark is published in the Official Gazette for a 30-day opposition period. If no one objects, your trademark is officially registered. You'll receive a registration certificate and can start using the ® symbol.

How Long Does It Take?

The entire process usually takes 8 to 12 months, depending on USPTO workload and whether there are objections or corrections needed.

Trademark Costs

Filing fees are $350 per class, plus optional costs if you use an attorney or professional filing service. While this may seem costly, it's a long-term investment in protecting your brand.

Maintaining Your Trademark

To keep your registration active, you must file specific maintenance documents with the USPTO.

• • Between years 5-6: File a Declaration of Use (Section 8).
• • Every 10 years: File a Renewal (Section 9).

Final Thoughts

Trademarking your name is one of the most important steps in protecting your business identity. By following these steps and keeping your registration up to date, you'll secure your brand's reputation, prevent infringement, and establish strong nationwide rights.