How to Trademark a Business Name in 5 Easy Steps: The Essential Guide
Securing a trademark for your business name is crucial for protecting your brand identity, preventing others from using similar names, and building long-term value. In a competitive market, a trademark not only safeguards your intellectual property but also enhances your credibility and market position. Whether you’re starting a new venture or expanding an existing one, understanding the trademark application process can save you time, money, and legal headaches.
At Brandroot, our business name generator helps you discover premium, brandable names that are easy to trademark. We’ve curated this guide based on the latest insights from the USPTO and legal experts as of 2025, covering everything from federal trademark registration to common law trademark rights, costs, and brand protection strategies. We’ll walk you through the process in 5 straightforward steps, while addressing key questions like how to check if a business name is trademarked, state vs. federal options, and international trademark registration.
Why Trademark Your Business Name? The Benefits of Trademarking
Before diving into the steps, let’s explore the benefits of trademarking. A federal trademark provides nationwide protection, legal presumption of ownership, and the ability to sue in federal court for infringement. It also discourages copycats, boosts your brand’s value for potential sales or investments, and allows use of the ® symbol for added prestige.
Compared to common law trademark rights—which arise automatically from using your name in commerce but are limited to your geographic area—federal registration offers stronger, broader safeguards. State trademark registration provides protection within a specific state, often at a lower cost and faster process, but it’s not as comprehensive as federal.
For global ambitions, international trademark registration via the Madrid Protocol lets you extend protection to multiple countries with one application, simplifying brand protection strategies.
Step 1: Research and Check If a Business Name Is Trademarked
The first step in business name registration is ensuring your desired name is available. Start by searching the USPTO’s Trademark Electronic Search System (TESS) to check for existing federal trademarks. Use keywords, phrases, and variations to conduct a thorough search.
To find out if a business name is trademarked, also check state databases (e.g., via your Secretary of State’s website) and common law uses through web searches, business directories, and domain registries. Tools like Google, social media, and Brandroot’s name generator can help identify potential conflicts early.
Tip: If you’re wondering how to know if a business name is trademarked for free, TESS is a great starting point, but a comprehensive search might require professional help to avoid oversights.
Step 2: Prepare Your Application – Understand Classes, Logos, and More
Once cleared, prepare your application. Decide if you’re trademarking just the name, a logo, or both (e.g., how to trademark a business name and logo). Identify the correct international classes for your goods/services—these categorize what your trademark covers.
For state-specific filings like how to trademark a business name in Florida, Texas, or California, visit your state’s Secretary of State site. Florida requires an online or mailed application with a specimen of use; Texas offers online filing via SOSDirect; California uses an e-filing system. Fees vary: around $50-100 per class at the state level.
At the federal level, gather evidence of use (if filing on an “in-use” basis) or intent-to-use. This step aligns with trademark law basics and sets the foundation for approval.
Step 3: File Your Trademark Application
Submit your application through the USPTO’s Trademark Electronic Application System (TEAS). Options include TEAS Plus ($250 per class) for simpler filings or TEAS Standard ($350 per class). These trademark registration fees cover the initial examination.
How much does it cost to trademark a business name? Expect $250-350 per class federally, plus potential attorney fees ($500-2,000+). State fees are lower, e.g., $50 in Florida or Texas. There’s no way to trademark a business name for free—common law offers basic protection without filing, but it’s limited.
For international protection, use the Madrid Protocol through the USPTO for a base fee plus per-country costs.
Step 4: Respond to USPTO Office Actions and Examination
After filing, a USPTO examining attorney reviews your application for issues like descriptiveness or conflicts. You may receive an office action requiring responses within 3-6 months. This is where hiring a trademark attorney can be invaluable, especially for complex rebuttals.
When to hire trademark attorney services? If your search uncovers potential issues, you’re dealing with international filings, or you receive an office action. Attorneys ensure accuracy and increase approval chances.
Step 5: Maintain, Renew, and Protect Your Trademark
Upon approval (typically 12-18 months), maintain your trademark by filing declarations of use between years 5-6 and renewing every 10 years. The trademark renewal process involves fees ($300-500 per class) and proof of continued use.
Implement brand protection strategies like monitoring for infringements, using the ™ or ® symbols, and enforcing your rights through cease-and-desist letters. For ongoing protection, consider watching services or attorneys to safeguard against copycats.
Additional Considerations: Common Law, State, and International Options
If federal registration seems overwhelming, start with common law trademark rights by simply using your name in commerce. However, for stronger protection, pursue state trademark registration for local businesses or federal for nationwide scope.
Protecting your business name extends beyond registration—secure domains, social handles, and monitor online use. For global brands, the Madrid System streamlines international trademark registration.
Ready to find a trademark-friendly business name? Use Brandroot’s business name generator to explore premium options with available domains and logos. Enter keywords related to your industry and get inspired today!
Have questions about the trademark application process or steps to register a trademark? Share in the comments—we’re here to help!
