Learning how to trademark a business name protects the one thing customers actually remember about you.
A federal trademark gives you the exclusive right to use your name in your industry across the country, and it hands you real legal muscle to stop copycats. Skip it, and a competitor could build a brand on your good name while you watch.
The good news is that you can file the paperwork yourself through the U.S. Patent and Trademark Office (USPTO). The process has a learning curve, with classes, deadlines, and fees that look scarier than they are.
This guide walks you through how to trademark a business name in plain language, with current 2026 fees and the steps in the right order.
What a Trademark Actually Protects
A trademark is a word, phrase, symbol, or design that tells buyers a product or service comes from you and not a copycat. Your business name, logo, and slogan can all qualify.
It helps to know what a trademark does not cover. Patents protect inventions. Copyright protects creative work like books and music.
A trademark guards brand identifiers only, so filing in the wrong category wastes time and money. Registering your business name as a trademark is a different step from forming an LLC or reserving a domain, and you can hold all three.
Do You Need a Lawyer to Trademark a Business Name?
No, you can file on your own. The USPTO Trademark Center is open to anyone, and a clearly available single-class word mark is filable without an attorney.
That said, help pays off for tricky cases. Data shows that around 46% of self-filed applications reach registration, compared to roughly 60% for those filed by attorneys.
If your name is borderline descriptive or you sell across several categories, a pro can steer you clear of costly mistakes.
Guided filing services split the difference between going solo and hiring a full firm. If you want to trim the price of one, this 35% Off LegalZoom promo code lowers the cost of a name-filing package.
How to Trademark a Business Name in 7 Steps?
Here is the path from idea to registered mark.
Step 1: Run a Trademark Search
Before you spend a dollar, search the USPTO database at the official Trademark Search tool to find marks that are confusingly similar to yours. "Confusingly similar" covers identical names, sound-alikes, and look-alikes.
In 2026, the USPTO's search tools flag phonetic and conceptual matches more sharply than ever, so check misspellings and homonyms too. The USPTO refunds nothing if your mark clashes with a registered one, so this step saves real cash.
Step 2: Pick the Right Class
The USPTO sorts goods and services into 45 international classes, 34 for goods and 11 for services. You file in the class you actually sell in. Your protection covers what you filed, not what you meant, so choose carefully. Selling in more than one category means paying per class.
Step 3: Choose Your Filing Basis
You file under one of two bases. Use in commerce, called Section 1(a), means you already sell under the name. Intent to use, called Section 1(b), means you plan to but have not started. The intent-to-use route lets you claim the name early, but it comes with extra fees and a proof-of-use step later once you launch.
Step 4: Gather Your Details
Missing information is the top cause of delays and surcharges. Have these ready:
- Owner name and legal entity, such as an individual, LLC, or corporation
- The mark itself, as a word mark or a design/logo
- A drawing of the mark
- A specimen showing real use, like a product label or live sales page
- A clear list of goods or services
Step 5: File Through the Trademark Center
Submit online at the USPTO Trademark Center. The old TEAS Plus and TEAS Standard tiers were retired on January 18, 2025, so any guide still naming them is out of date. There is now one base fee plus possible surcharges.
Step 6: Respond to Office Actions
Most first-time applications draw an office action, which is a formal request to fix or clarify something. You get a set deadline to reply. Miss it, and your application dies quietly, so mark your calendar the day you file.
Step 7: Registration and Upkeep
Once an examining attorney approves your mark and the public opposition window passes, your registration issues. From filing to registration usually takes 12 to 18 months for smooth cases. After that, you file maintenance documents at set intervals to keep the mark alive.
How Much Does It Cost to Trademark a Business Name in 2026?
Fees run per class, and the base is only the floor.
| Fee | Amount (per class) | When it applies |
|---|---|---|
| Base application | $350 | Clean filing using pre-approved descriptions |
| Custom description | Free-form goods/services not in the ID Manual | |
| Insufficient information | Missing required details like owner info | |
| Long description | Each extra 1,000 characters of identification | |
| Paper filing | $850 | Allowed only in rare cases |
So a single-class word mark using the USPTO's pre-approved descriptions costs $350. Write your own description, and it jumps to $550. To pay only the base fee, pull your goods and services straight from the USPTO's Acceptable Identification of Goods and Services Manual and fill in every required field. You can confirm current amounts on the USPTO trademark fee page before you file.
Common Mistakes That Sink Applications
Steer around these, and you save both money and months:
- Skipping the search and losing your fee to a conflict
- Choosing a descriptive name like "Fast Shipping Co." that examiners refuse
- Filing in the wrong class, so your protection misses what you sell
- Using a mock-up specimen instead of proof of real use
- Listing the wrong owner, such as filing personally when the LLC owns the brand
- Missing the office-action deadline, which quietly kills the application
Each of these is cheap to avoid and expensive to repair.
A Quick Word on Scams
The USPTO warns that scammers pose as the office and demand immediate payment, often citing real fees to look legit.
The USPTO will never pressure you to pay a random third party. When in doubt, log in to your official account and check there.
Frequently Asked Questions
Do I need an LLC before I trademark my business name? No. You can file as an individual and assign the mark to a company later, or form the entity first and file under it. USPTO rules do not require an LLC.
How long does trademark protection last? As long as you keep using the mark and file the required maintenance documents on time, protection can last indefinitely.
Can I trademark a name I am not using yet? Yes, through an intent-to-use application. You claim the name now and prove real use later once you launch.
Is a trademark national or just local? A federal USPTO registration protects your name across the entire United States, not just your home state.
Conclusion
Figuring out how to trademark a business name comes down to a clear sequence: search first, pick the right class, choose your filing basis, file a clean application through the Trademark Center, and answer any office actions on time.
Budget for the $350-per-class base fee plus any surcharges, and read the USPTO's own pages before you submit. Do the homework up front, and you lock down the name your customers trust for years to come.