How to Trademark a Business Name: Step-by-Step 2026 Guide

Why Trademark Your Business Name?

Many business owners confuse incorporating or forming an LLC with owning a trademark. These are entirely separate protections. Forming an LLC secures your business name at the state level only. A federal trademark gives you nationwide exclusive rights to use that name for your specific goods or services.

Without a federal trademark, another business can use a confusingly similar name in a different state, and you have limited legal recourse. With a trademark, you can:

• Block infringing uses across the entire United States
• Sue for damages including lost profits and legal fees
• Register the mark with US Customs to block counterfeit imports
• Use the ® symbol (only after registration, not just application)
• License your mark and earn royalties
• Establish priority over later applicants even if they registered first in another state

Step 1: Conduct a Comprehensive Trademark Search

Before filing, search the USPTO's Trademark Electronic Search System (TESS) at tmsearch.uspto.gov. A thorough search includes:

Step 2: Determine Trademark Eligibility — Strength of Your Mark

The USPTO evaluates trademarks on a spectrum from strongest to weakest:

Category	Registrability	Example
Fanciful (invented words)	Very Strong ✅	Xerox, Kodak, Zoom
Arbitrary (common words, unrelated meaning)	Strong ✅	Apple (computers), Amazon (retail)
Suggestive (hints at the product)	Good ✅	Netflix, YouTube, Greyhound
Descriptive (describes the product)	Weak ⚠️	"Cold and Creamy" for ice cream
Generic (the common name for the product)	Not registrable ❌	"Computer Store" for a computer store

Step 3: Identify the Correct Trademark Classes

Trademarks are registered for specific categories of goods and services, organized into 45 international classes. You pay separately for each class you register in.

Most Common Trademark Classes for Businesses

Step 4: Understand the Costs

Fee Type	TEAS Plus	TEAS Standard
Filing fee (per class)	$250	$350
Section 8 Declaration (at 5–6 years)	$225/class	$225/class
Section 15 Incontestability (optional)	$200/class	$200/class
Renewal (every 10 years)	$300/class	$300/class
Attorney fees (optional)	$500–$2,000	$500–$2,000

Step 5: File Your Application on TEAS

The USPTO's Trademark Electronic Application System (TEAS) at teas.uspto.gov is the only official place to file a federal trademark application. Do not use third-party websites that charge extra fees for the same government forms.

Your application must include:

• The mark itself — typed text, stylized logo, or both (standard character vs. special form)
• Goods/services description — what exactly you're selling under this mark
• Class number(s)
• Basis for filing:
  • Use in Commerce (Section 1(a)) — if you're already using the mark in interstate commerce
  • Intent to Use (Section 1(b)) — if you haven't started using the mark yet
• Specimen — evidence of use in commerce (website screenshot, product photo, etc.) — required for 1(a) applications
• Filing fee payment

Step 6: The USPTO Review Process — What Happens Next

Step 7: Respond to Office Actions (If Required)

Approximately 75% of trademark applications receive at least one Office Action. Common issues include:

• Likelihood of confusion with a registered mark — must argue why marks are distinguishable
• Merely descriptive — must argue acquired distinctiveness or amend to Supplemental Register
• Identification of goods/services too broad — must narrow the description
• Specimen not acceptable — must provide better evidence of use

You have 3 months to respond to an Office Action (extendable to 6 months for $125). No response = application abandoned.

Step 8: Maintain Your Trademark After Registration

A registered trademark is not permanent — it requires maintenance filings:

Deadline	Filing Required	Cost
5–6 years after registration	Section 8 Declaration of Continued Use	$225/class
9–10 years after registration	Section 8 + Section 9 Renewal	$525/class
Every 10 years thereafter	Section 8 + Section 9 Renewal	$525/class

Trademark vs. Trade Name vs. DBA — What's the Difference?

• Trademark: Federal registration protecting your brand name/logo for specific goods/services. Nationwide protection.
• Trade name / LLC name: State-level registration. Only prevents others from registering the same entity name in that state. Does not prevent trademark use.
• DBA (Doing Business As): An assumed name filing. Purely administrative. No legal protection whatsoever.

Can You Trademark a Domain Name?

Yes — if your domain name functions as a source identifier (i.e., consumers associate it with your brand, not just a web address), it can be trademarked. The USPTO has accepted marks like BOOKING.COM and HOTELS.COM as registrable. The domain must be distinctive and used in commerce as a brand, not just as a URL.

International Trademark Protection

A US trademark only protects you in the United States. For international protection:

• Madrid Protocol: File through WIPO to extend to 130+ countries from a single application. Cost varies by country.
• European Union Trade Mark (EUTM): Covers all 27 EU member states with one filing (~€1,050 base fee).
• Individual country filings: Necessary for countries not in the Madrid system (Taiwan, Argentina, etc.).

Conclusion

Trademarking your business name is one of the highest-ROI legal investments you can make. The $250–$350 filing fee per class is a fraction of what litigation costs if you're forced to rebrand or defend against an infringer. Start with a thorough clearance search, file through official USPTO channels, and set calendar reminders for maintenance deadlines.

For related reading, see our guides on LLC Name Generator and Domain Name Appraisal.

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