How to Trademark a Name in the US

Thinking about protecting your brand name in the United States? That’s a smart move. In pursuit of building a recognizable brand, a registered trademark helps you secure your identity and stop copycats.

However, the process of trademark registration is complex and confusing, often requiring expert oversight. 

Therefore, in this article, we’ll walk you through the essentials of how to trademark your business name in the US, including key considerations and step-by-step process.

Trademark, Patent, or Copyright? Understanding Your Options

First, let’s clarify what a trademark does and if it’s the right protection for your specific needs. Businesses often have various intellectual property assets, and each is protected differently:

• Trademark: Protects your brand’s unique identifiers – like your business name, logo, or slogan when used to distinguish your goods or services from others. Think of it as your distinct signature in the marketplace.
• Patent: Covers new inventions, unique product designs, or specific technical processes.
• Copyright: Applies to original creative works such as books, music, videos, software code, or artwork.
• Domain Name: Your website address (e.g., YourBrand.com). Essential for your online presence, but owning a domain doesn’t automatically grant trademark rights.
• Business Name Registration (e.g., DBA): This registers your business name with your state or local government, allowing you to operate under that name. It’s different from federal trademark protection, which offers broader, national rights.

Important note: to trademark a name, it must be actively used (or you must have a genuine plan to use it soon) to identify what you sell or offer, clearly distinguishing your products or services from others in the marketplace.

Key Considerations Before You Trademark a Name

Not every name qualifies for trademark registration, and some names offer much stronger legal protection. Here’s what to consider before you apply:

A. Uniqueness of the Name you want to trademark

Is your name already in use by someone else for similar offerings? A thorough search of the USPTO database (and potentially other sources) is crucial. If your name is too similar to an existing registered trademark for related goods or services, the USPTO will likely refuse your application. Trademark Directory offers a free trademark search tool for an initial check, and our Comprehensive Search service can provide a deeper analysis for more peace of mind.

B. Strength of Your Mark

The more distinctive your name, the easier it is to protect.

• Fanciful or Arbitrary (Strongest): Made-up words (e.g., “Kodak”) or real words used in an unrelated context (e.g., “Apple” for computers) generally receive the broadest protection.
• Suggestive (Good): These hint at the qualities of your goods/services without directly describing them (e.g., “Netflix” for streaming).
• Descriptive (Weaker): Names that merely describe a product, service, or its characteristics (e.g., “Creamy Ice Cream”) are harder to register. They may require proof of “acquired distinctiveness” (meaning consumers have come to associate the term specifically with your brand through extensive use).
• Generic (Not Registrable): You cannot trademark the common, everyday term for the goods or services themselves (e.g., “Smartphone” for smartphones).

C. Type of Trademark

Decide on the format for your name:

• Standard Character Mark: Protects the word(s) themselves, irrespective of font, style, or design. This offers the broadest protection for the name itself.
• Design Mark (Stylized/Logo): Protects a specific design, logo, or stylized lettering as it appears visually.

D. Goods and Services

You must clearly identify and classify the specific goods and/or services for which you use (or intend to use) the trademark. The USPTO uses a detailed international classification system.

E. Filing Basis

Your application must state a “basis” for filing with the USPTO:

• Use in Commerce: You are already using the mark in the ordinary course of trade in the United States.
• Intent to Use (ITU): You have a bona fide (genuine) intention to use the mark in commerce in the United States in the near future. Our platform is designed to guide you through defining your goods/services and understanding the correct filing basis, simplifying this preparatory stage.

Once you understand each of these points, you can initiate the trademark application.

The Step-by-Step Process to Trademark Your Name in the US

Here’s an overview of the typical process for applying to trademark a name with the USPTO:

Step 1: Conduct a Thorough Trademark Search

This initial step is vital. Before investing in an application, a comprehensive search helps assess if your desired mark, or something confusingly similar, is already registered or pending for related goods/services. This involves checking the USPTO’s database (TESS) and potentially state and common law sources. Trademark Directory provides both a free initial search tool and a more Comprehensive Search service to assist you with this crucial evaluation.

Step 2: Prepare the USPTO Application Details

Accurate preparation is key. This involves gathering all necessary information, including:

• The exact name or logo to be trademarked.
• The legal owner of the mark (individual or business entity).
• A precise list of goods and/or services to be associated with the mark, correctly classified.
• The chosen filing basis (Use in Commerce or Intent to Use).
• If “Use in Commerce,” a “specimen” showing how the mark is actually used (e.g., a label, packaging, website screenshot where the mark is used with the goods/services).
• If a design mark, a clear image of the mark.

Step 3: File the Application with the USPTO

Trademark applications are filed electronically with the USPTO through their Trademark Electronic Application System (TEAS). This involves accurately completing the online application form and paying the required, non-refundable government filing fee per class of goods/services. Trademark Directory’s service simplifies this stage by guiding you through the necessary information, helping ensure administrative completeness, and filing the application electronically on your behalf. You can then conveniently track its progress via your dashboard.

Step 4: USPTO Examination Process

After filing, the application is assigned a serial number and reviewed by a USPTO examining attorney. This examination phase can take several months. The examiner checks for compliance with all legal and procedural rules and searches for conflicting marks.

If the examiner identifies any issues (e.g., conflicts, descriptiveness, incorrect classification), they will issue an Office Action (a formal letter). In that case, a timely and proper response is required, typically within three months (though a three-month paid extension is often available). 

Failure to respond appropriately can lead to the application being abandoned. 

If you receive an Office Action, particularly one with substantive legal objections, addressing it correctly is critical. Trademark Directory can help you understand the notice and, if specialized legal arguments are needed, connect you with trusted, independent U.S.-licensed trademark attorneys.

Step 5: Publication for Opposition

If the examining attorney finds no issues or all issues are resolved, the mark will be approved for publication in the USPTO’s “Trademark Official Gazette.” This publication period lasts for 30 days, during which any third party who believes they may be harmed by the registration of your mark can file an opposition.

Step 6: Registration or Notice of Allowance

If no opposition is filed (or if an opposition is successfully overcome):

• If your application was based on “Use in Commerce,” the USPTO will issue the registration certificate.
• If your application was based on “Intent to Use,” the USPTO will issue a “Notice of Allowance.” You then have a set period (initially six months, extendable with fees) to file a “Statement of Use” (SOU), providing evidence that you are now using the mark in commerce for the listed goods/services. Once the SOU is reviewed and approved, the registration certificate is issued.

Step 7: Maintain Your US Trademark Registration

A US trademark registration can be a long-lasting asset, but it requires periodic maintenance filings and fee payments to keep it active:

• A Declaration of Use (Section 8) must be filed between the 5th and 6th years after the registration date.
• A Declaration of Use and Application for Renewal (Sections 8 & 9) must be filed between the 9th and 10th years after registration, and every 10 years thereafter. Failure to file these maintenance documents will result in the cancellation or expiration of your registration. You are also responsible for policing your mark against infringement. For marks filed through our service, Trademark Directory can assist in tracking these important maintenance deadlines.

Trademark Your Name with Trademark Directory

Securing a US trademark for your business name is a significant step in building and protecting your brand. While the process requires careful attention to detail, understanding these steps makes it far more approachable.

At Trademark Directory, we focus on simplifying the initial search and application filing stages. Our experts provide clear guidance and support to help you navigate the trademark registration in the US with confidence.

FAQs: Trademarking Your Name in the US