To trademark a name, you search the federal trademark records for conflicts, choose a filing basis, and file an application with the U.S. Patent and Trademark Office (USPTO). The USPTO’s base fee is $350 for each class of goods or services, and if you are domiciled in the United States you are not required to hire an attorney. LegalZoom’s article says the whole process can take around a year, and it stresses that the search you do first can identify conflicts and reduce the chance of refusal later.
Do you need a trademark to protect your name?
Not to start using a name. Business News Daily says that in the United States you are granted “common-law rights” to a mark simply by using it as part of your business, but those rights are limited to the area where you operate. A federal registration gives you legal ownership and the exclusive right to use the mark anywhere in the nation for the goods or services you list, and it lets you use the federal symbol (®) instead of ™.
The SBA guide to registering your business separates the name registrations you may need. A trademark protects you at a federal level, an entity name protects you at a state level, and a DBA does not give legal protection. Each one is legally independent of the others.
Is it smart to trademark your name?
Business News Daily says trademarking is great if you are worried about people using your name without permission, or if you are expanding to operate in several states. It also says a trademark is never fully necessary, and that obtaining one can be a long process. The same article cites a 2013 study, which it calls the only one of its kind, that found applications from trademark attorneys are 50% more likely to be approved. Business News Daily’s Business News Daily trademark guide walks through the decision.
Is a trademark better than a copyright?
They protect different things. The Copyright Office general FAQ says a trademark protects words, phrases, symbols, or designs that identify the source of goods or services, while copyright protects creative works such as books, drawings, photographs, songs, and movies. A business name or logo is a trademark question. A book, song, or product photo is a copyright question.
Should I form an LLC or trademark my name first?
The SBA’s sequence is to form the business first. It says that if you want to trademark your business, brand, or product name, you file with the USPTO once you’ve formed your business. If you conduct business as yourself under your legal name, you won’t need to register anywhere. For the entity side of this choice, the small business legal essentials guide covers entity types.
How do you check if a trademark name is available?
Search before you file. Business News Daily says to search the federal database for the name you want and for similar names, because your registration could be denied if the name is too similar to one already registered in the same class. Its example is that Iguana Ice Cream and Iguana’s Ice Cream might be too similar. LegalZoom says the USPTO’s Trademark Search system is the primary tool for federal registrations and pending applications.
The USPTO’s USPTO page on hiring an attorney describes a clearance search as covering three sources: the USPTO’s database of federally registered trademarks, U.S. state trademark registration databases, and other sources for common-law rights. Grell & Watson adds that you should also search marketplaces where similar products are sold, such as Amazon and Walmart. The SBA advises checking your prospective names against the trademark database maintained by the USPTO.
Is Donald Trump a registered trademark?
You can check that yourself in the USPTO database, the same way you would check any other name. Run the exact name and close variations, then read the status of anything that comes up.
What names cannot be trademarked?
Grell & Watson says a name must be unique and not descriptive of the product or service. Its example: you cannot trademark “Pen” to sell pens, because the word describes the product. Business News Daily adds that a name that is too vague, such as “The Ice Cream Shop,” is unlikely to be eligible, while “Iguana Ice Cream” joins common words in a unique way and is more likely to qualify.
Business News Daily describes four types of marks, which show where a name is likely to fall:
- Descriptive: describes at least two elements of a product or service.
- Suggestive: implies a meaning rather than stating it outright.
- Fanciful: a word, phrase, or logo unlike any other, such as Sony.
- Arbitrary: an everyday word used in a unique way for a business, such as Amazon.
A name that is too similar to a registered name in the same class can also be refused, as the search section above explains.
How much does it cost to trademark a name and logo?
The USPTO’s USPTO trademark cost page sets the government fees. The base application fee is $350 for each class, and additional fees may apply depending on the completeness and complexity of your application.
| Fee | Amount | Source |
|---|---|---|
| Base application fee, per class | $350 | USPTO cost page |
| Two classes, example on the USPTO page | $700 | USPTO cost page |
| Declaration of use, every 10 years, per class | $325 | USPTO cost page |
| Renewal, every 10 years, per class | $325 | USPTO cost page |
| Insufficient information | $100 | LegalZoom article |
| Using the free-form text box for goods or services | $200 | LegalZoom article |
Prices as of October 28, 2026; check the checkout for today’s. These are the service options the sources list:
| Option | Price as the source lists it | Source |
|---|---|---|
| File yourself with the USPTO | $350 per class, plus any additional fees | USPTO cost page |
| LegalZoom Trademark Registration | $899 plus USPTO fees | LegalZoom article |
| Bizee filing service | Starting at $299, including filing fees | BizReport guide |
| Rocket Lawyer trademark plans | $99 for nonmembers, or $499 per year for comprehensive services | BizReport guide |
| Local attorney, comprehensive help | Typically $1,000 to $3,000 or more | LegalZoom article |
The USPTO says your application fees stay the same if you hire an attorney, but your overall costs will be higher because of the attorney’s services. It also says that in the long run an attorney may save you money. BizReport notes that Bizee’s plans do not include live chat support.
Maintenance costs come later. A federal registration lasts 10 years and can be renewed as long as you keep using the mark. LegalZoom says a Section 8 declaration is due between years 5 and 6, and that missing these maintenance deadlines means losing the registration permanently.
How to trademark a name: the steps
- Search. Check the USPTO database, state databases, and common-law sources, plus similar names.
- Choose a filing basis. Use in commerce, or intent to use.
- File. LegalZoom says you file through the USPTO’s online system, giving the mark, owner information, a description of goods or services, and the filing fee. Business News Daily lists the parts of the application, including the applicant’s name and address, a drawing of the mark, the goods or services, and a dated signature.
- Respond to USPTO review. LegalZoom says an examining attorney usually reviews the application four to six months after filing.
- Publication. LegalZoom says the mark is published in the USPTO’s Official Gazette for 30 days, during which others may object.
- Registration. If no one objects, a use-based application proceeds to registration.
Name and logo: one application or two?
NYAYAM’s guide says you can file separate applications for your name and your logo, which gives you broader, more flexible protection, because a competitor could otherwise use your name with a different logo. It also notes that a logo may qualify for both trademark and copyright protection, and that the two are registered separately. Grell & Watson’s guide covers a name, a logo, or both, depending on what you want to protect.
Which filing basis should you choose?
The USPTO says to choose use in commerce if you already use the mark in interstate commerce in the United States. Choose intent to use if you have a bona fide intention to use the mark but are not yet doing so. Intent to use adds filings and fees, because you must file an allegation of use and pay the required fee before your application can be approved. Business News Daily notes that intrastate commerce, business limited to the borders of a single state, is not typically acceptable as proof of use.
How long does trademark registration take?
LegalZoom says a use-based application is examined about four to six months after filing, published for 30 days, and registers two to three months later if no one opposes. Intent-to-use applications take longer. LegalZoom says you then have up to three years after approval to begin using the mark and submit proof.
An Office Action is the USPTO’s formal notice that your application cannot move forward as filed. LegalZoom says the common reasons are similarity to an existing mark, descriptiveness, and minor technical issues. You typically have three months to respond, with a three-month extension available for a fee, up to six months in total. If you miss the deadline, the application is abandoned, and you lose the filing date and fees.
What is trademark infringement, and can you get sued?
The SBA says trademarks prevent others in the same or similar industry in the United States from using your trademarked names.
Yes, you can be sued. The SBA says businesses in every state are subject to trademark infringement lawsuits, which can prove costly. LegalZoom says that with a federal registration, a judge in federal court can order a copycat to stop, and you can seek damages, which can include attorney fees.
What does enforcing your trademark cost?
If you are the one enforcing your mark, BizReport puts the cost of a trademark infringement lawsuit for the plaintiff at between $10,000 and $750,000. That figure describes a business that brings the suit, not one that is sued.
Does California or Texas law change how you trademark a name?
A federal registration works the same in California and Texas, and LegalZoom says it protects the mark nationwide. State rules differ, though. LegalZoom says a state trademark registration is typically cheaper and faster but protects you only within that one state, and that it makes sense if your business will never operate outside the state, including online sales. The SBA says each state may have different rules about what an entity name can be and how company suffixes are used, so check with your state for its rules on registering a business name.
Doing it yourself or getting help
If you are domiciled in the United States, the USPTO says you are not required to have an attorney. It also says it strongly encourages you to hire a U.S.-licensed attorney who specializes in trademark law, and to be ready to act as your own attorney if you don’t. If you are a foreign-domiciled applicant, you must have a U.S.-licensed attorney represent you.
What a free route covers
The USPTO lists several free or reduced-fee routes. Its Law School Clinic Certification Program lets students in a clinic practice intellectual property law before the USPTO under faculty supervision. The American Bar Association posts a list of Pro Bono IPL Resources, and the International Trademark Association runs a trademark pro bono clearinghouse pilot program. The USPTO cannot help you select an attorney or recommend one, so the American Bar Association’s Consumers’ Guide to Legal Help or a state or local bar referral service is the next step. For other free options, see how to find free legal aid.
What an online legal service adds
An online service handles pieces of the process for you. LegalZoom says its Trademark Registration package includes a federal and common-law search, trademark classes selected by an attorney, attorney filing with the USPTO, and post-filing support. BizReport says Rocket Lawyer offers one-to-one lawyer contact. The USPTO says many private companies offer filing help, that such services may be legitimate if provided under the supervision of a licensed U.S. attorney, and that many are not affiliated with licensed U.S. attorneys and cannot lawfully provide such services. Before you pay, read the online legal services guide, then compare the LegalZoom review and the Rocket Lawyer review against what each package actually includes.
When is a licensed lawyer worth paying for?
The USPTO lists the benefits of hiring a U.S.-licensed attorney: legal advice about your trademark, a clearance search before you file, accurate preparation of the application, responses to USPTO correspondence, enforcement and maintenance of your rights, representation at the Trademark Trial and Appeal Board, and protection from fraudulent solicitations. The USPTO page on hiring an attorney has the details. LegalZoom says more complex refusals, especially those involving similarity to another mark, often require legal judgment. A lawyer is most worth paying for if you are foreign-domiciled, if you receive an Office Action on similarity, if another business sends you a dispute, or if you plan to enforce the mark.
Watch for misleading trademark notices
The USPTO warns that scammers often pretend to be from the USPTO, claim there is a problem with your application, pressure you to act immediately, and ask you to pay a fee or provide personal information. USPTO employees will never ask for your personal or payment information by phone, email, or text, and the USPTO does not require payment by wire transfer, gift card, cash, check, or money order to third-party addresses. Never share your USPTO.gov password. USPTO website addresses end in .gov, and emails directly from the USPTO end in @uspto.gov. If you receive a notice, check its status in the Trademark Status & Document Retrieval system, and call the Trademark Assistance Center at 1-800-786-9199 to confirm. The USPTO warning about misleading notices lists more signs. For a wider view of paid legal documents, see online legal document scams.
Before you file
- Search the USPTO database for your exact name, close variations, and your logo if you have one.
- Decide whether you are using the mark in commerce now or intend to use it.
- Confirm your domicile. If you are foreign-domiciled, you need a U.S.-licensed attorney.
- Budget $350 per class, plus any additional fees your application triggers.
- Ask any service whether a U.S.-licensed attorney is on staff, and whether they will file through their own USPTO.gov account.
- Check today’s price at the checkout, since prices change.
This is general legal information, not legal advice for your situation.
By LegalHelpOnline.org Legal Research & Editorial Team