How to Trademark a Business Name

Registering your business or product name as a federal trademark gives you nationwide rights and makes it much easier to stop copycats. Here's how the process works with the U.S. Patent and Trademark Office (USPTO).

1. Make sure the name can be protected

Trademark law protects names that identify who makes a product or provides a service. The stronger the name, the easier it is to register:

• Strongest: invented or arbitrary names (a made-up word, or a common word used for something unrelated).
• Middle: suggestive names that hint at the product.
• Hardest: descriptive names ("Best Plumbing") usually need years of use before they can register on the main register, and generic terms can never be registered.

2. Search before you commit

Search the USPTO's trademark database, state registrations, domain names and the web for similar names used for related goods or services. The test is likelihood of confusion, not an exact match. A professional clearance search is worth it before you invest in a brand.

3. Choose your goods, services and classes

Applications list specific goods or services, grouped into numbered classes. Fees are charged per class, so describe what you actually sell, accurately and not too broadly.

4. Choose your filing basis

• Use in commerce: you're already using the name on goods sold, or services provided, in commerce Congress can regulate (usually across state lines or with another country). You submit a specimen showing the mark as customers see it, such as a product label or a web page where people can buy.
• Intent to use: you plan to use it. This reserves your priority date, and you file proof of use later, before registration.

5. File and wait for examination

You file online. A USPTO examining attorney reviews it, typically several months later. If there's a problem, such as a conflicting mark, a descriptiveness issue or a wording fix, you'll get an office action and a deadline to respond.

6. Publication and opposition

Once approved, the mark is published in the USPTO's Official Gazette. Others have 30 days (extendable) to oppose it.

7. Registration and upkeep

If there's no opposition, the mark registers (after a statement of use for intent-to-use filings) and you can use ®. Registrations must be maintained: a filing between the 5th and 6th years, then renewals every 10 years, with proof of continued use.

Do you need a lawyer?

U.S.-based applicants can file on their own. Applicants whose domicile (permanent residence or principal place of business) is outside the U.S. must be represented by a U.S.-licensed attorney, with a narrow exception for Canadian applicants. A trademark attorney is most useful for clearance, describing goods and services, and responding to office actions. Watch out for official-looking letters from private companies offering "registration" or "monitoring" services after you file.

Find an intellectual property attorney near you. Related: trademark vs. copyright vs. patent.

This guide is general information, not legal advice.