If you want to trademark a name for your business, understanding the process is essential. Your business name is one of your most valuable assets, and trademarking it prevents competitors from using a confusingly similar name and gives you the legal tools to enforce your brand identity nationwide. While the process to trademark a name is navigable for determined business owners, avoiding common mistakes requires understanding how the USPTO evaluates applications.
Howard East’s corporate attorneys handle trademark registrations across Illinois, Missouri, and New York.
Why You Should Trademark a Name
A trademark is any word, phrase, symbol, or design that identifies and distinguishes your goods or services from those of others. Common law trademark rights arise automatically when you use a mark in commerce, but federal registration through the USPTO provides much stronger protection — including nationwide priority, the right to use the ® symbol, and access to federal courts.
Conducting a Search Before You Trademark a Name
Before filing, conduct a comprehensive search of the USPTO database, state trademark registers, and common law uses to ensure your desired name is available. A conflicting mark can result in your application being refused, or worse, a cease and desist letter from an existing mark owner after you have already invested in branding.
Filing Your Application
Trademark applications are filed through the USPTO’s TEAS system. You will need to identify the mark, specify the goods or services it covers, select the appropriate international class, and provide either a specimen showing current use or a statement of intent to use. The filing fee ranges from $250 to $350 per class.
The Examination Process
A USPTO examining attorney reviews your application for compliance with trademark law, including potential conflicts with existing registrations. This process typically takes 8 to 12 months. If the examiner issues an office action (objection), you have six months to respond. After approval, your mark is published for opposition — a 30-day period during which third parties can challenge the registration.
Costs to Trademark a Name in 2026
The cost to trademark a name varies depending on the complexity of your application and whether you use an attorney. USPTO filing fees range from $250 per class using TEAS Plus to $350 per class using TEAS Standard. Attorney fees for a straightforward trademark application typically range from $500 to $2,000. Additional costs may include trademark search fees, response to office actions, and maintenance filings required at regular intervals after registration.
While it is possible to file without an attorney, professional guidance significantly reduces the risk of costly errors. A poorly drafted application can result in rejection, wasted filing fees, and the need to start over. Investing in proper legal counsel upfront often saves money in the long run when you trademark a name for your business.
Maintaining Your Trademark After Registration
Successfully registering your trademark is just the beginning. To maintain your rights, you must file a Declaration of Use between the 5th and 6th year after registration, and a renewal application every 10 years. Failure to meet these deadlines results in cancellation of your registration. You must also actively monitor for infringement and take enforcement action against unauthorized use of confusingly similar marks.
Frequently Asked Questions
How long does it take to trademark a name?
The process to trademark a name typically takes 8 to 12 months from filing to registration if there are no complications. If the USPTO examining attorney issues an office action or a third party files an opposition, the timeline can extend to 18 months or longer.
Can I trademark a name that someone else is already using?
You cannot trademark a name that is confusingly similar to an existing registered mark for related goods or services. However, identical names can coexist if they are used in completely different industries. A comprehensive trademark search before filing helps identify potential conflicts.
What is the difference between TM and the registered trademark symbol?
The TM symbol can be used by anyone claiming trademark rights, even without federal registration. The registered trademark symbol can only be used after your mark has been officially registered with the USPTO. Using the registered symbol without a valid registration is illegal and can result in penalties.
Work With Howard East
Ready to trademark your name? Schedule a consultation or call 833-952-3111.
This content is for informational purposes only and does not constitute legal advice.
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