If you are building a business, your name is one of your most valuable assets. It is how customers find you, remember you, and trust you. So knowing how to trademark a name is not just a legal formality — it is one of the most important brand decisions you will make as an entrepreneur.
The good news: the process is more straightforward than most people think. The bad news: the mistakes people make along the way can be expensive and hard to undo. And one of the most common mistakes is assuming that forming an LLC already covers you — it doesn't. This guide walks you through every step so you know exactly what you are doing and why.
A trademark gives you the legal right to use your business name — or brand name — in connection with specific goods or services, and to stop others from using something confusingly similar. Once registered with the United States Patent and Trademark Office (USPTO), your trademark carries a federal presumption of ownership. That means in any legal dispute, the law starts on your side.
Equally important: a federal trademark registration gives you the right to use the ® symbol, which signals to competitors that your name is protected and you mean business.
Before you file anything, get clear on what you want to protect:
For most entrepreneurs starting out, the word mark is the higher priority. It gives you broader protection because it covers the name in any font, any color, any context. If you are also asking whether to trademark your logo at the same time, we cover that question in detail here.
This step is non-negotiable. Before you file, you need to know whether someone else already owns a similar mark in your industry. Filing without searching is one of the most common and costly mistakes entrepreneurs make — the USPTO will reject your application if there is a conflicting mark already registered, and you will have paid the filing fee for nothing.
The starting point is the USPTO's Trademark Search tool. But knowing what you are looking for — and how to interpret the results — takes more nuance than most people expect. Here is a full breakdown of how to check if a trademark name is available before you file anything.
The USPTO uses a system of 45 International Classes to categorize goods and services. Your trademark is only protected within the class or classes you register in. Choosing the wrong class is a common and expensive mistake. Read our full guide to trademark classes and how to pick the right one before you submit your application.
Once your search is clear and your class is set, you file through the USPTO's Trademark Electronic Application System (TEAS). The complete trademark registration process from filing to certificate is covered in detail in a separate guide, but here are the essentials:
Your application needs: the mark itself, the goods/services, the class, your first use date if already in use, and a specimen showing the mark in actual commercial use.
After filing, a USPTO examining attorney reviews your application. This currently takes 3-5 months. You will not hear anything during this period — that is normal. Here is exactly what happens after you file and what to watch for in your application status.
An office action is a formal letter from the USPTO raising a concern — not a rejection. Common reasons include likelihood of confusion with an existing mark or an issue with your specimen. If you receive one, you have three months to respond. This is where working with a trademark attorney pays for itself — a poorly written response can result in a final refusal that is very hard to reverse.
If approved, your mark is published in the USPTO's Official Gazette for a 30-day opposition period. If no opposition is filed, your trademark is registered and you receive your certificate.
The entire process — from filing to registration — typically takes 12-18 months under normal circumstances. Complex applications or office actions can extend that timeline.
One of the most common questions: can you use your brand name before the trademark is fully approved? Yes — with some important caveats around which symbol you can legally use and when.
Q: How much does it cost to trademark a name?
A: USPTO filing fees start at $250 per class (TEAS Plus) or $350 per class (TEAS Standard). Attorney fees vary. Budget $1,000-$2,000 total for a straightforward application with legal help.
Q: Can I trademark a name myself without an attorney?
A: You can file on your own. But the search, class selection, and description of goods are where most pro se filers make costly mistakes. Read our honest breakdown of when you need a trademark attorney and when you can go it alone.
Q: How long does it take to trademark a name?
A: Typically 12-18 months from filing to registration under normal circumstances. The initial USPTO review takes 3-5 months.
Q: Can I use TM before my trademark is registered?
A: Yes. The TM symbol can be used as soon as you claim rights in a mark, even without registration. ® can only be used after federal registration is complete. More detail on what you can and cannot do while your application is pending here.
CTA: Not sure where to start? Book a free trademark consultation with Segarra IP — we'll walk through your name, your business, and the right path forward.