If you’re ready to trademark a name in the USA, you’re on the right path to protecting your brand and business identity. I’m going to walk you through everything you need to know about registering a trademark in the United States—from why it matters to exactly how to do it the right way.
What Does It Mean to Trademark a Name?
Before jumping into the how, I want to explain what a trademark is and why it’s so important. A trademark gives you exclusive legal rights to use a brand name, logo, phrase, or design associated with your goods or services. It’s basically your brand’s legal armor. Whether you’re launching a clothing line, running an online store, or starting a tech company, a registered trademark helps stop others from using your name.
Here’s what a trademarked name protects:
- Your brand identity in the marketplace
- The name used on products or services
- Customer trust and brand recognition
- Your legal rights in case of infringement
Think of Nike’s swoosh or the name “Starbucks.” Those names aren’t just words—they’re powerful trademarks.
Why You Should Trademark a Name in the USA
You may be wondering: do I really need to trademark my name? Here’s why it is recommended.
When you register a name as a trademark, you:
- Get exclusive rights to use it nationwide
- Can sue anyone who uses your name without permission
- Can use the ® symbol next to your brand
- Protect your business from copycats
- Build credibility and trust with customers
- Make your brand attractive to investors or buyers
Let’s say you’ve built a solid online business called "GlowBrew." You’ve poured your heart into the brand. Now imagine someone else launches “GlowBrew Coffee” and starts selling products. Without a registered trademark, it’ll be hard (and expensive) to stop them. Trademarking gives you the power to protect what’s yours.
Step-by-Step Guide to Trademark a Name in the USA
I’m going to take you through a simple, step-by-step process to help you trademark a name in the United States legally and effectively.
Step 1: Make Sure the Name Is Available
Before anything else, you need to check if the name is already taken.
Here’s how you can do that:
- Visit the USPTO Trademark Search Tool (TESS)
- Search for similar names, spellings, or phonetic versions
- Look for existing live trademarks that match
If someone else is already using it, choose a different name. The USPTO doesn’t allow duplicate or confusingly similar trademarks.
💡 Tip: Be creative and unique. A made-up name like “Zuprex” is more likely to be approved than a common term like “Super Clean.”
Step 2: Identify the Right Trademark Class
The USPTO uses 45 different trademark classes to categorize goods and services.
You need to figure out which class your product or service falls under. For example:
- Clothing? That’s Class 25
- Software? That’s Class 9
- Coffee shop? That’s Class 43
Each class is a different application and fee. If your business spans multiple areas, you may need to apply for more than one.
You can view the full list of trademark classes on the USPTO’s Acceptable Identification of Goods and Services Manual.
Step 3: Prepare Your Application
Once you’ve confirmed the name is available and picked the right class, it’s time to gather your application materials.
You’ll need:
- The name you want to trademark
- Your business information
- A description of the goods or services
- A specimen (like a screenshot or label showing the name in use)
- Your filing basis
There are two common filing bases:
- "Use in commerce": You’re already using the name in business
- "Intent to use": You plan to use the name soon
If you haven’t launched yet, go with "intent to use." You’ll need to file proof later.
Step 4: File Online with the USPTO
Now comes the big moment: submitting your trademark application.
Head over to the USPTO’s Trademark Electronic Application System (TEAS) and choose one of the following forms:
- TEAS Standard: More flexible but a bit pricier
- TEAS Plus: Cheaper but requires strict formatting
Application fees range from $250 to $350 per class. The process usually takes 8–12 months, but that can vary.
Step 5: Monitor and Respond
After you submit your application, it goes through several stages:
- Initial review by a USPTO attorney
- Possible Office Actions (requests for clarification or changes)
- Publication in the USPTO Gazette (others can oppose it here)
- Final approval or registration
Make sure to respond to any Office Actions within the deadline. If your application gets approved and no one opposes, congratulations—you’ve got a registered trademark!
How Much Does It Cost to Trademark a Name?
Let’s talk money. The cost to trademark a name in the USA depends on a few things:
- USPTO fees: $250–$350 per class
- Attorney fees (if you hire help): $300–$1000+
- Additional fees for intent-to-use or maintenance filings
Doing it yourself can save money, but if the process feels overwhelming, working with a trademark attorney can be a smart investment.
Can You Trademark a Name for Free?
The short answer: No, you can’t trademark a name for free if you want federal protection through the USPTO.
However, you can use a name in commerce and gain common law trademark rights. These offer limited local protection but won’t help you much outside your region.
For real protection, especially if you’re online or nationwide, I always recommend registering officially.
What Happens After You Trademark a Name?
Once your name is trademarked, it’s your job to protect and maintain it.
Here’s what to do:
- Use the ® symbol with your name
- Monitor for unauthorized use or infringement
- File maintenance documents at years 5, 9, and every 10 years
- Keep your business active and using the name
Trademark rights last forever, as long as you keep using and renewing them.
Mistakes to Avoid When Trying to Trademark a Name
I’ve seen people make some common errors. Let me help you avoid them.
- Choosing a generic name like “Best Burgers” (these won’t get approved)
- Not checking for similar trademarks before applying
- Picking a name that’s too descriptive
- Forgetting to respond to USPTO actions
- Assuming a domain name = trademark rights (it doesn’t)
Take your time and do it right. It’ll save you from legal and financial headaches down the road.
Final Thoughts
Learning how to trademark a name isn’t just for big corporations. Whether you’re a freelancer, startup founder, artist, or small business owner, your name is your identity. And protecting it is one of the smartest moves you can make.
I’ve walked you through every step—from checking availability to filing the application. Now it’s up to you to take action and own your brand.
Got Questions?
- Have you ever tried registering a trademark before?
- What kind of business name are you thinking of trademarking?
- Do you feel confident in going through the process yourself?
I’d love to hear your thoughts. Drop your questions or stories in the comments!