How to Trademark Your Business Name: Step-by-Step Guide
Every month you operate without a federal trademark, someone in another state could register your business name and legally demand you stop using it. The process takes 8-18 months but costs under $500 to start. Here is exactly how it works.
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The quick answer
Search the USPTO database first. If your name is clear, file a TEAS Plus application ($250/class). Add the TM symbol immediately. Wait 8-18 months for registration, then use the registered trademark symbol. Total cost: $250-600 if you do it yourself, $500-1,500 with an attorney. Either approach beats the cost of a trademark dispute.
Step 1: Search before you file
Before spending any money, search the USPTO's Trademark Electronic Search System (TESS) at tess.uspto.gov. Search your exact business name and phonetically similar variations. A conflicting registration in the same class of goods/services will cause your application to be rejected — and you will still owe the filing fee.
Also search Google, your state's business name registry, and domain registrars. A conflict that is not yet federally registered can still block your application based on prior use in commerce.
Step 2: Identify your goods and services class
Trademark protection applies within specific classes of goods and services. The USPTO uses 45 international classes. A consulting business files in Class 35 (business services). A software company files in Class 42 (technology services). A clothing brand files in Class 25. You can file in multiple classes — each class requires a separate filing fee.
Step 3: Choose your filing basis
If you are already using the name in commerce (you have paying customers), file under Section 1(a) — Use in Commerce. If you plan to use the name but have not yet launched, file under Section 1(b) — Intent to Use. Intent-to-Use gives you a priority date while you prepare your launch. You will need to submit proof of use before the trademark registers.
Step 4: File the application
File at USPTO.gov using the Trademark Electronic Application System (TEAS). TEAS Plus costs $250/class and requires you to select from predefined descriptions of your goods/services. TEAS Standard costs $350/class and allows a custom description. Most small businesses can file TEAS Plus if their business fits the standard descriptions.
Step 5: Respond to office actions
After filing, an examining attorney at the USPTO reviews your application. They may issue an office action — a request for clarification or a rejection. You have 3 months (extendable to 6) to respond. Common issues: likelihood of confusion with an existing mark, description too vague, or specimen issues. An attorney is most valuable at this stage if you receive an office action.
Step 6: After registration
After approval, your trademark is published in the Official Gazette for 30 days. Third parties can oppose. If no opposition, the mark registers. Use the registered trademark symbol after registration. File a Section 8 declaration between years 5 and 6 confirming continued use, or the registration is cancelled. Renew every 10 years.
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TMKings
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USPTO TESS
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FREQUENTLY ASKED QUESTIONS
How long does trademark registration take?
Typically 8-18 months from filing to registration if there are no complications. The timeline includes examination (3-4 months), potential office actions, publication, and registration. An Intent-to-Use application adds time because you must prove use before the mark registers.
Can I use the TM symbol before registration?
Yes. TM (unregistered trademark) can be used immediately after you file — or even before you file — to signal that you are claiming common law rights in the name. The registered trademark symbol (R in a circle) can only be used after the USPTO grants registration.
Should I hire an attorney to file my trademark?
It depends. If your search is clear and your goods/services fit standard descriptions, TEAS Plus is manageable to file yourself. If you receive an office action, attorney help is worth the cost. If your name is similar to existing marks or you are in a contentious category, hire an attorney from the start.
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