How to trademark a name and protect your brand

Published Wednesday 10 June 2026

Table of contents

• What is a trademark?
• Why register a trademark?
• Do you need a trademark? How to decide
• What can and can't be trademarked?
• How to check trademark availability
• How much does trademark registration cost?
• Federal vs state trademark registration: which do you need?
• How to apply for a trademark
• Timeline and what happens after you file
• Common trademark application mistakes to avoid
• How to use and maintain your trademark
• Protect your brand while managing your business finances with Xero
• FAQs on how to trademark a name

Key takeaways

• Search the United States Patent and Trademark Office (USPTO) database before applying to avoid costly rejections and spot conflicts with existing marks.
• Choose a distinctive, non-descriptive mark because generic or descriptive terms that describe your products or services can't be trademarked.
• Budget $350 per class of goods or services for the USPTO base application fee, plus $1,000 to $2,000 or more if you hire a trademark attorney.
• File renewal documents on time: a Section 8 declaration between years 5 and 6, a Section 9 renewal between years 9 and 10, and then every 10 years after that.

What is a trademark?

A trademark is a legal protection that gives you exclusive rights to use a specific name, logo, slogan, or other brand identifier in connection with your products or services. Once registered with the USPTO, your trademark stops competitors from using a confusingly similar mark in your industry.

Trademarks can cover a range of brand elements, including:

• Business names and logos
• Product and service names
• Slogans and taglines
• Unique sounds, colors, or packaging designs

Trademark protection helps customers recognize your products and builds trust in your brand over time. For small businesses, it's one of the most practical ways to safeguard the name you've worked hard to establish.

What's the difference between a trademark and a business name?

Choosing a business name and registering a trademark are 2 separate steps that serve different purposes. Your business name is the name you register when you register your business with your state. That registration prevents other businesses from incorporating under the same name in that state, but it doesn't protect you from someone else using a similar name in their branding or marketing.

A trademark goes further. It gives you legal ownership of that name as a brand identifier, meaning you can stop others from using it in ways that could confuse customers. If you plan to build long-term brand recognition, registering a trademark on top of your business name gives you a stronger layer of protection.

Keep in mind that if you trademark a name before registering your business, someone else may have already claimed it as a business name in your state. Check both databases before committing to a name.

What's the difference between a trademark, a copyright, and a patent?

Trademarks, copyrights, and patents all protect intellectual property (IP), but each covers a different type of creation. Trademarks protect brand identifiers like names, logos, and slogans. Copyrights protect original creative works such as books, music, and artwork. Patents protect new inventions or processes for a set period.

For most small business owners, trademarks are the most relevant type of IP protection. They safeguard the brand elements that customers use to identify your products and distinguish them from competitors.

Why register a trademark?

Registering your trademark turns your brand name from a casual label into a legally protected asset. Without registration, you have limited options if a competitor starts using a similar name in your market.

Here are the key benefits of federal trademark registration:

• Exclusive rights to use your mark nationwide for your class of goods or services
• Legal standing to file lawsuits in federal court if someone infringes on your mark
• A public record in the USPTO database that deters others from choosing similar marks
• The ability to use the registered trademark symbol (R), which signals credibility
• A foundation for expanding your trademark protection internationally

For example, imagine you run a bakery called "Golden Grain" and you've spent years building a loyal customer base. Without a trademark, another bakery in a neighboring state could open under the same name, draw away your online customers, and create confusion about which business is which. A federal trademark gives you the legal power to stop that.

There are some trade-offs to consider:

• A base filing fee of $350 per class, plus potential attorney costs
• The registration process typically takes 10 to 14 months
• You need to actively use and renew your trademark to keep it valid
• US registration doesn't automatically protect your mark in other countries

For most small businesses selling online or across state lines, the benefits of registration outweigh these costs. Your brand name is often your most recognizable asset, and protecting it early saves you from expensive legal disputes later.

Do you need a trademark? How to decide

Not every business needs a federally registered trademark right away. The right time to register depends on your goals, your market, and how you plan to grow. Ask yourself a few key questions to decide whether it makes sense for your business now.

Consider trademark registration if any of these apply to you:

• You sell products or services online to customers across state lines
• You've invested in building a recognizable brand name or logo
• You plan to expand into new states or markets in the next few years
• You've noticed competitors or other businesses using names similar to yours
• You want to license your brand name or use it as a business asset

If your business operates only within a single state and you don't plan to expand, a state trademark registration or common law rights may be enough for now. Common law trademark rights are automatic in the geographic area where you actively use your mark in commerce, but they're limited and harder to enforce than a federal registration.

The earlier you register, the stronger your position. If you wait until a dispute arises, resolving it is more expensive and uncertain than filing proactively.

What can and can't be trademarked?

The strongest trademarks are distinctive and don't describe your actual products or services. The more unique your mark, the easier it is to register and protect. When coming up with a business name, keep trademark strength in mind from the start.

Trademark strength falls into a spectrum. From strongest to weakest:

• Fanciful marks: invented words with no existing meaning, like "Xerox" or "Kodak"
• Arbitrary marks: real words used in unrelated contexts, like "Apple" for computers
• Suggestive marks: words that hint at a quality without describing it directly, like "Netflix"
• Descriptive marks: words that describe the product, like "Cold and Creamy" for ice cream (these are very difficult to register)

Certain things can't be trademarked at all, including:

• Generic terms that everyone needs to use, like "shoes" for a shoe company
• Purely descriptive words for your products or services
• Deceptive or misleading claims about your goods
• Government symbols, flags, or official emblems without permission
• Names or likenesses of living people without their consent

Choosing a strong, distinctive mark from the beginning saves you time, money, and legal risk down the line.

How to check trademark availability

Before you spend money on a trademark application, search for existing marks that could conflict with yours. The USPTO will reject your application if your mark is too similar to one that's already registered, and you won't get your filing fee back.

Follow these steps to check availability:

1. Search the USPTO Trademark Search system on the USPTO website. Try exact matches, phonetic variations, and similar spellings of your proposed mark.
2. Check your state's trademark database. Some marks are registered at the state level only and won't appear in the federal database.
3. Search the internet for unregistered marks. A business may have common law trademark rights if it's actively using a name in commerce, even without a formal registration.
4. Consider hiring a trademark attorney for a comprehensive search. Professional searches cover databases, domain registrations, and business filings that you might miss on your own.

If you find a conflict, you have options. An identical match in your industry means you should choose a different name. If the match is in a completely different industry, you may still be able to proceed, but consult an attorney to assess the risk. A thorough search upfront helps you avoid losing your $350 filing fee to a rejected application.

How much does trademark registration cost?

The cost of registering a trademark depends on your filing method, the number of product or service categories you need to cover, and whether you hire an attorney. Understanding the full cost breakdown helps you budget accurately.

The USPTO charges the following application fees per class of goods or services:

As of January 2025, the USPTO charges a base application fee of $350 per class. Additional surcharges may apply: $100 per class if required information is missing from your application, and $200 per class if you write your own description of goods or services instead of selecting from the USPTO's pre-approved ID Manual list.

If your business spans multiple categories, for example clothing and software, you pay a separate fee for each class. Most small businesses file in 1 or 2 classes.

Beyond the filing fee, plan for these additional costs:

• Trademark attorney fees: $1,000 to $2,000 or more for a straightforward application, depending on complexity
• Trademark search fees: $100 to $500 if you hire a professional search service
• Section 8 maintenance declaration (between years 5 and 6): $225 per class
• Section 9 renewal (between years 9 and 10, then every 10 years): $300 per class

Trademark registration fees may qualify as tax deductions for your business, so keep records of every expense related to your application. Tracking these costs from the start makes tax time simpler.

Federal vs state trademark registration: which do you need?

You can protect your trademark at the federal level, the state level, or through common law rights alone. The right choice depends on where and how you do business.

Here's how the 3 levels compare:

• Common law rights: you get automatic, limited protection in the geographic area where you actively use your mark. No registration is required, but enforcement is difficult and your rights only extend to your local market.
• State trademark registration: protects your mark within 1 state's borders. It's a suitable option if your business operates only in a single state with no plans to expand. Filing fees are generally lower than federal registration.
• Federal trademark registration: protects your mark across the entire United States. It's the strongest option if you sell online, ship to multiple states, or plan to grow beyond your local market.

For most small businesses, especially those selling products or services online, federal registration provides the broadest protection. If you're just starting out and operating locally, state registration may be a practical first step while you grow.

How to apply for a trademark

The federal trademark application process typically takes 10 to 14 months from filing to registration. Here are the 7 steps to follow when applying through the USPTO.

1. Choose your filing basis

You need to select a filing basis that reflects how you're using (or plan to use) your mark. If you're already selling products or services under the mark, choose "use in commerce." If you haven't started using it yet but plan to, choose "intent to use." The intent-to-use basis requires an additional filing (and fee) later to prove you've started using the mark commercially.

2. Identify your goods and services classes

Use the USPTO's ID Manual to find the classes that match your products or services. Choosing the right class is critical: if you file in the wrong category, your trademark won't protect what you actually sell. Each class costs a separate filing fee, so be precise about which ones you need.

3. Prepare your specimen

A specimen is evidence showing how you use your mark in real commercial activity. For products, this could be a photo of the mark on packaging or a product label. For services, it could be a screenshot of your website or marketing material showing the mark in connection with the service you offer. The USPTO requires at least 1 specimen per class.

4. Create a USPTO account

Go to trademark.uspto.gov and set up your account. You'll use this account to file your application, check your status, and respond to any correspondence from the USPTO throughout the process.

5. Complete and submit your application

Fill in the online application with your mark details, filing basis, classes of goods or services, and specimen. Double-check every field for accuracy; errors can delay your application or lead to rejection. Pay the base filing fee of $350 per class when you submit.

6. Respond to any office actions

After submission, a USPTO examining attorney reviews your application. If they find issues, such as a conflict with an existing mark, a description that's too vague, or a specimen that doesn't meet requirements, they'll issue an "office action" letter. You typically have 3 months to respond. Missing the deadline can result in your application being abandoned.

7. Publication and registration

If your application passes examination, the USPTO publishes your mark in the Official Gazette for a 30-day opposition period. During this window, anyone who believes your mark would harm their existing rights can file an opposition. If no one objects, the USPTO issues your registration certificate. For intent-to-use applications, you'll need to submit a "statement of use" showing that you've started using the mark in commerce before the certificate is issued.

Timeline and what happens after you file

The trademark registration process involves several stages, and the total timeline depends on whether any issues come up along the way. Here's what to expect after you submit your application.

1. The USPTO assigns your application to an examining attorney. This typically happens within approximately 6 months of filing.
2. The examining attorney reviews your application for compliance with trademark law and checks for conflicts with existing marks.
3. If the attorney identifies problems, they issue an office action explaining what needs to be corrected. Common reasons include a likelihood of confusion with an existing mark, a description that's too broad or too vague, or a specimen that doesn't show the mark in actual use.
4. Once your application clears examination, the USPTO publishes it in the Official Gazette for 30 days. During this period, third parties can oppose your registration.
5. If no one files an opposition, the USPTO registers your mark and mails your registration certificate.

The typical timeline from filing to registration is 10 to 14 months if there are no complications. Office actions, oppositions, or intent-to-use requirements can extend the process to 18 months or longer.

You can check your application status at any time through the USPTO's Trademark Status and Document Retrieval (TSDR) system. Monitor it regularly so you don't miss any deadlines.

Common trademark application mistakes to avoid

Small errors in your trademark application can cause delays, extra costs, or outright rejection. Here are the most common mistakes to watch for.

• Skipping a thorough search: filing without checking the USPTO Trademark Search system, state databases, and the internet for conflicting marks is the fastest way to waste your filing fee.
• Choosing a descriptive mark: names that describe what your product does (like "Quick Delivery" for a shipping service) are extremely difficult to register. Pick something distinctive.
• Filing in the wrong class: selecting the wrong goods or services category means your trademark won't cover what you actually sell. Use the USPTO's ID Manual to verify.
• Submitting a weak specimen: your specimen must show the mark used in actual commerce, not just a mockup or a design concept. Product labels, packaging, and website screenshots are common accepted specimens.
• Making errors on the application: incorrect owner names, inaccurate mark descriptions, or typos can trigger office actions and slow down your application.
• Missing response deadlines: if the USPTO issues an office action, you typically have 3 months to respond. Missing that window can result in your application being abandoned.

Getting these details right the first time saves you money and keeps your application on track.

How to use and maintain your trademark

Registering your trademark is just the first step. To keep your rights active, you need to use your mark consistently and file maintenance documents on schedule.

Trademark symbols and when to use them

Using the correct symbol signals your trademark status to competitors and customers:

• TM symbol: use while your application is pending or for any unregistered trademark
• SM symbol: use for unregistered service marks
• R symbol: use only after the USPTO has officially registered your mark. Using the R symbol before registration is granted is illegal.

Enforcing your trademark rights

Your trademark registration gives you the legal tools to stop others from using confusingly similar marks. If you discover infringement, take action promptly:

• Document the unauthorized use with screenshots or photographs
• Send a cease and desist letter as a first step (this often resolves the issue without litigation)
• Consult a trademark attorney if the infringement continues
• File a federal lawsuit to seek damages and an injunction if necessary

You can also license your trademark to other businesses for royalties, sell it, or use it as collateral for a business loan. A registered trademark is a valuable business asset.

Renewal schedule

Missing a renewal deadline can result in cancellation of your trademark, so mark these dates in your calendar:

• Between years 5 and 6: file a Section 8 Declaration of Continued Use ($225 per class) to confirm you're still using the mark in commerce
• Between years 9 and 10: file a Section 9 Renewal Application ($300 per class) along with another Section 8 declaration
• Every 10 years after that: file combined Section 8 and Section 9 documents to keep your registration active

Set reminders well in advance of each deadline. If you miss a filing window, there's a 6-month grace period with an additional fee, but letting your trademark lapse entirely means starting the registration process over again.

Protect your brand while managing your business finances with Xero

Trademarking your business name is an investment in your brand's future. From USPTO filing fees and attorney costs to renewal documents every few years, these expenses add up. Keeping clear financial records from the start helps you track business expenses, claim deductions at tax time, and plan ahead for renewal deadlines.

Xero's cloud accounting software gives you a real-time view of your business finances, so you can see exactly where your money goes. Categorize trademark-related costs, monitor your cash flow, and share records with your accountant or tax advisor whenever you need to. Get one month free.

Xero does not provide accounting, tax, business or legal advice. This guide has been provided for information purposes only. You should consult your own professional advisors for advice directly relating to your business or before taking action in relation to any of the content provided.

FAQs on how to trademark a name

Here are answers to common questions small business owners ask about the trademark registration process.

Do I need a lawyer to file a trademark?

You're not legally required to hire a lawyer. You can file a trademark application yourself through the USPTO's online system. However, trademark law is complex, and an attorney can help you choose the strongest filing strategy, avoid common mistakes, and respond to office actions effectively. Many small business owners find that the cost of an attorney pays for itself by reducing the risk of a rejected application.

Do I need an LLC to get a trademark?

You don't need an LLC or any other formal business structure to file for a trademark. Sole proprietors, individuals, partnerships, and corporations can all apply. If you're considering forming an LLC for other reasons, see the guide on how to start an LLC.

What are the 4 types of trademarks?

The 4 main types are trademarks (for goods), service marks (for services), collective marks (used by members of a group or association), and certification marks (indicating that products meet certain standards). Most small businesses file for a standard trademark or service mark, depending on whether they sell physical products or provide services.

How long does trademark registration take?

A straightforward application with no complications typically takes 10 to 14 months from filing to registration. If the USPTO issues an office action or a third party files an opposition, the process can take 18 months or longer. Intent-to-use applications also add time because you need to submit proof of commercial use before the certificate is issued.

Can I trademark a name that's similar to an existing one?

The USPTO evaluates whether your mark creates a "likelihood of confusion" with an existing registration. If your mark sounds similar, looks similar, or conveys a similar meaning, and it's used for related goods or services, the USPTO will likely reject it. Marks in completely unrelated industries may coexist, but consult an attorney before filing if you've found a similar mark during your search.

What is a common law trademark?

A common law trademark is an unregistered mark that you gain rights to simply by using it in commerce. These rights are automatic but limited to the geographic area where you actively do business. Common law trademarks are harder to enforce than registered marks and don't appear in the USPTO database, which means someone else could register a similar mark federally and gain broader rights than yours.

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