Names hold power in business. So establishing ownership of and rights to a business name is an important step for businesses that want to ensure a name remains one-of-a-kind. Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows.
You can start the trademarking process on the U.S. Patent and Trademark Office’s website. The application can be completed fairly quickly, but the entire process may take several months. Here’s everything you need to know about how to trademark a name in 2024.
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What Is a Trademark?
The U.S. Patent and Trademark Office (USPTO) defines a trademark as ”a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of the others.” Trademarks offer name protections for businesses and registering a trademark is the way to ensure these protections can be documented and enforced.
How to Trademark Your Business’s Name
The trademark application process can be completed in four simple steps, but the entire approval process may take six or more months. Fees associated with the basic application can run as low as $250, but total out-of-pocket costs may be much higher, especially if the trademark is across several classes (more on that later) and if a lawyer is involved.
Although the trademark application paperwork is relatively straightforward, it’s important to take your time and do your research. Applying for a trademark doesn’t guarantee you’ll get one–trademark applications go through a thorough review process. Filing fees are nonrefundable if your application is denied. Here’s how to get started.
1. Decide if You Need a Trademark
Use of a business name automatically provides some trademark protection, but usually only if a business can provide documentation that it was the first business to use the name in the specific industry (also called a class.) These common law provisions generally only extend to the local geographic area in which the name is used. Furthermore, filing a federal trademark infringement suit if someone does steal or misuse a name becomes possible only if a business has registered a trademark.
Registering a trademark entitles the owner to exclusive rights to use the name in connection with the class of goods or services for which the name is registered, and and makes it clear who the owner of the name actually is—all on a national level. Trademark registration also makes it easier to apply for trademark registration in other countries and entitles you to file a lawsuit in federal court to enforce your trademark. Once additionally sent to the U.S. Customs and Border Protection database, a trademark can also prevent infringing goods from being imported into the US. Use of the ® symbol next to a name is also enabled by registration of a trademark.
2. Search for Existing Trademarks
Use TESS, the patent office’s Trademark Electronic Search System, to find existing trademarks of similar nature to a desired name or mark. This should be done before applying for a trademark, because the USPTO will not register your trademark if it is likely to be confused with an existing trademark.
We recommend searching not only the exact name but any variations and similar names, as any existing similarity will likely result in an application rejection. For instance, “Banana Airplane Rental” and “Banana’s Airplane Leasing” are similar names that may not show up on the same search but might lead to an application rejection.
3. Prepare an Application
An application requires a significant amount of effort to prepare, so ensuring that the application is as complete as possible is almost as important as verifying that a name or slogan is not already taken.
Preparing an application requires the following information:
Name, address and personal details of the entity filing for the trademark. This may be an individual or a business.(Note: Individuals and businesses who are based outside of the US will need to hire a lawyer to complete this process.)
• The name (aka a “standard character mark”) you wish to protect. You can also register a name as shown in a particular color, style or font (a “special form mark”), but if you go this route your trademark will only protect that particular depiction of your name.
• Product(s) or service(s) the name will cover. You’ll need to describe your product and service and also identify the class it falls into. You can register your trademark in more than one class, but you’ll pay additional fees. Search the USPTO’s Trademark ID manual online to find your class. If there’s an accurate description of your product or service in the “description” column of your search results, copy that description verbatim; otherwise you’ll have to write your own description. The basis for filing: either “in commerce” or “intend to use” depending on whether or not the mark is already in use. If the basis for filing is “in commerce” (already in use) you’ll need proof such as a product label. If the basis for filing is “intend to use” your proof of eventual use can be provided later.
Appropriate funds based on the filing status and number of classes being registered. Applications will need to be dated and signed.
4. File the Application
There are two filing options available with the Trademark Electronic Application System (TEAS): TEAS Standard and TEAS Plus. TEAS Plus offers a more affordable filing option, but not everyone is eligible. To use TEAS Plus, you must use a standard description from the Trademark ID manual for your good or service. If you write your own description, you must use the standard TEAS application.
Once filed, applicants should receive a filing receipt with a serial number that can later be used to reference the application. Filing an application with the USPTO sends the application to a government patent attorney for review. After review by a USPTO patent attorney, the applicant may receive a letter (known as an “office action”) if problems are noted. Typically, an applicant will have six months to respond to any issues or problems or the application filing will expire.
If the application is approved, the USPTO will publish the trademark in an online journal to give anyone else out there an opportunity to oppose it. This can take about three months. If there’s no opposition, your trademark will be registered. If your mark is opposed, hiring a trademark lawyer to defend the trademark and proceed may be necessary.
What a Trademark Does for Your Business
Registering a trademark allows a business or trademark owner exclusive rights to use the name nationwide in association with products and services the name is registered for. This discourages competitors from using the name or creating similar-sounding names to trick people, and it gives you a legal avenue to protect against copycats that make these sorts of shady, underhanded moves.
The credibility associated with owning a trademark and being able to legally use the ® symbol next to a name are also good reasons to trademark.
Having U.S. Customs and Border Protection prevent foreign manufacturers from importing and selling goods under the same name is an added benefit.
Limitations of a Trademark
Trademarks do have some limitations. Significantly, although the USPTO registers trademarks, it does not enforce them. The burden is on you, the trademark owner, to be on the lookout for trademark infringers and take action against them.
A U.S. trademark only protects your name in the U.S., though there are ways to register trademarks internationally. If not renewed, a trademark expires after 10 years. Trademarks cannot take the place of business registrations at a state level and are not tax registrations with the federal government. Additionally, a trademark only protects your name if used for the classes of goods and services identified on your application. If you want to expand into other types of goods or services, you’ll need to file another application.
Trademark vs Copyright, LLC, DBA and Business License
A trademark is different from a copyright, an LLC filing, a DBA or any other business licensure and certification. LLCs are a type of business that you form at a state level. Forming an LLC typically protects your business name from being used by other incorporated businesses in your state. ,A DBA is a local or state-level registration of a business name, but it does not typically provide any protection against competitors using the same name. A copyright protects original artistic and literary works. While copyrights may apply to logos, they usually do not apply to names.
Trademark Classes
If you use your name for more than one type of goods or services, you may need to register your trademark in multiple classes. Registering a trademark with different classes, or use designations, will require additional fees per each class registered.
For example, if a spirits brewing company with the name “Evergreen” wanted to register the name in the alcohols class but also produced beer, it may require an added listing in the beers and beverages class.
Remember that a trademark registration only protects your name in the class where you’ve registered it. Other people can still use your name for goods or services that fall into different classes. This is why you sometimes see two completely different products or brands with the same name, such as Dove ice cream bars and Dove soap
Frequently Asked Questions
When should I trademark my business name?
Registering a trademark after the name is in use is possible and may even save fees, but registering before a name is in use is possible as well. Either way, proof of use of the name will be required by the USPTO within specific timeframes. For those worried about theft or misuse of a name early in the life of a business, making an effort to register earlier may provide peace of mind. Generally, registering immediately at the start of a business is not necessary without serious name competition.
Is it free to trademark a name?
No. Trademark registration fees start at $250 and can increase quickly with added classes. Contesting and defending trademarks will likely require attorney services and can become expensive quickly.
Do I need a lawyer to register a trademark?
If the business for which a trademark is registered is based inside the U.S., no attorney is required to file for an application (though the USPTO does recommend using the guidance of a trademark and patent attorney). If based outside the U.S., an attorney will be required to complete the application.
What is the difference between the ™, SM and ® symbols?
You’ve probably noticed the trademark, service mark, and registered trademark symbols attached to brands of all types and sizes. The ™ symbol is typically used to represent goods and should be used if you are waiting for USPTO review to obtain a registration. The service mark, or SM works similarly to the ™ but is used for services. The ® symbol denotes a trademark that has been registered.
How long does a trademark for my business name last?
Once you have registered your business’s name with the United States Patent and Trademark Office (USPTO) and the process is complete, the trademark lasts for 10 years from the date of registration. Every five years after receiving or renewing the trademark, you must file an affidavit with the state where your business is registered in that the trademark is still valid. As long as you continue to keep the trademark in use, file all of the required maintenance forms for your trademark before your 10-year anniversary is up and pay all required fees, you can maintain your trademark infinitely.
