How to Trademark a Business Name: USPTO Steps and Fees

To trademark a business name in the US, you search for conflicting marks, decide which goods or services the name covers, and file a federal application with the US Patent and Trademark Office (USPTO), paying $350 per class plus any surcharges. An examiner reviews it, the mark is published for opposition, and if all goes well it registers, typically in under a year on current USPTO timelines. This guide walks through each step, the 2026 fees, how trademarks differ from LLC and DBA registration, and the mistakes that get applications refused.

This is general information, not legal advice. Trademark clearance is nuanced, and a trademark attorney can save you from building a brand on a name you cannot protect.

Business name registration vs trademark

Registration	What it does	What it does not do
LLC or corporation name (state)	Reserves the legal entity name in that state	No trademark rights; others can use similar names elsewhere
DBA / assumed name (state or county)	Lets you trade under another name and open bank accounts in it	No exclusive rights at all
Domain name	Controls a web address	No trademark rights; can be challenged if it infringes a mark
Common law trademark	Rights in the area where you actually use the name	Limited geographic reach, harder to prove
State trademark registration	Public record of rights in one state	No nationwide priority
Federal (USPTO) registration	Nationwide priority, R symbol, presumption of ownership, customs recording	Does not cover unrelated goods and services

Our guides on what a DBA is and how to start an LLC cover the state side. A business name search at the state level is a good first filter, but it does not clear a name for trademark use.

Is your business name strong enough to trademark?

Trademark law ranks names on a spectrum of distinctiveness:

• Fanciful (strongest): invented words, such as Kodak.
• Arbitrary: real words unrelated to the product, such as Apple for computers.
• Suggestive: hints at a quality without describing it, such as Coppertone.
• Descriptive: describes the product, such as "Fast Invoice Printing." Usually refused unless it has acquired distinctiveness through long use.
• Generic: the name of the thing itself. Never registrable.

If you are still choosing, our list of business name ideas explains how to brainstorm names that are both memorable and protectable.

How to trademark a business name: step by step

1. Search for conflicts. Use the USPTO's trademark search system for identical and similar names, sound-alikes and different spellings, in related goods and services. Also search state registers, the web, app stores, social media and domain names for unregistered users who may have common law rights.
2. Define your goods and services. Pick descriptions from the USPTO's ID Manual where possible to avoid the $200 per-class free-form surcharge.
3. Choose your classes. Goods and services are grouped into 45 international classes. A consulting firm might file in class 35 (business services); a software company in classes 9 and 42. Each class costs a separate fee.
4. Choose a filing basis. "Use in commerce" if you already sell under the name across state lines, with a specimen showing the name as used, such as a website page offering your services. "Intent to use" if you have a genuine plan but have not launched yet.
5. Decide on the format. A standard character mark protects the words in any font or style and is usually the best first filing for a business name. A special form (logo) mark protects a specific design.
6. Create a USPTO.gov account and complete identity verification, then file the application online and pay the fee.
7. Respond to any office action. The examining attorney may refuse or ask for changes. You usually have a short deadline to respond.
8. Publication. If approved, the mark is published in the Official Gazette, and others have a window to oppose.
9. Registration or statement of use. Use-based applications register; intent-to-use applications receive a notice of allowance and must file a statement of use once the name is in use.
10. Maintain it. Keep using the mark, monitor for infringers, and file maintenance documents on time.

USPTO trademark fees in 2026

These are the electronic filing fees per class from the official USPTO fee schedule (in effect since January 2025):

Filing	Fee per class
Base application	$350
Insufficient information surcharge	$100
Free-form text instead of ID Manual entry	$200
Each additional 1,000 characters of description	$200
Statement of use / amendment to allege use	$150
Six-month extension to file statement of use	$125
Section 8 declaration (years 5-6)	$325
Section 9 renewal (every 10 years)	$325
Combined Section 8 and 9	$650

How long does a trademark take?

The USPTO says first-action pendency fell to about 4.45 months in the first half of fiscal year 2026, and total pendency to about 10 months, down from 11.7 months in FY 2025. Office actions, oppositions and intent-to-use extensions all add time, so plan for a year or more if anything goes wrong. You can use the name, with the TM or SM symbol, while you wait.

Worked example: a cleaning company files its name

This example is illustrative. "Brightwell Home Services LLC" has operated in two states for a year and plans to expand. The owner:

• Searches the USPTO database and finds no "Brightwell" marks for cleaning services, but one "Brightwell" for paint products in class 2. Cleaning (class 37) and paint products are different enough that the risk looks manageable, though an attorney's opinion costs $400.
• Files a standard character mark "BRIGHTWELL" in class 37 for "house cleaning services" from the ID Manual, on a use basis, with a screenshot of the booking page as the specimen.
• Pays $350. Because she used an ID Manual entry and complete information, no surcharges apply.
• Receives a first action about five months later requiring a minor change to the description, responds the same week, and the mark is published and then registered roughly ten months after filing.

Total government cost: $350. If she had filed the same name in a second class, such as class 3 for cleaning products she plans to sell, it would have been $700.

Should you hire a trademark attorney?

Many small businesses file their own applications successfully, particularly for a distinctive name in a single class with a clean search. An attorney is worth considering when:

• Your search turns up similar names in related industries, and you need a judgment on confusion risk.
• Your name is close to descriptive, such as a name that includes your service type.
• You need several classes, a logo filing, or international protection.
• You receive an office action refusing the mark, because responses involve legal argument.
• You are domiciled outside the US, since foreign-domiciled applicants must be represented by a US-licensed attorney.

Be careful with solicitations: after filing, applicants often receive official-looking letters from private companies offering monitoring or registry services. Payments to the USPTO only go through the USPTO's own systems, so check the sender before paying anything.

Policing your trademark after registration

Registration does not enforce itself. Set a reminder to search the USPTO database, marketplaces and social platforms a few times a year for similar names in your field. When you find one, start with a polite letter; many conflicts end there. Keep evidence of your own continuous use, such as dated invoices, website archives and advertising, because it supports both enforcement and your Section 8 declaration.

State trademarks and international protection

A state trademark registration is cheaper and quicker than a federal filing but only covers one state, so it suits businesses that will truly stay local. If you sell abroad, a US registration does not protect you in other countries. You can file directly in each country or, in many cases, use an international application through the Madrid Protocol based on your US filing. Budget for this if you plan to sell online to customers overseas.

Common reasons trademark applications are refused

• Likelihood of confusion with an existing mark for related goods or services, the most common substantive refusal.
• Merely descriptive names.
• Bad specimens, such as a mock-up or a page that does not show the name used with the services.
• Vague or overly broad descriptions of goods and services.
• Wrong owner: filing in your personal name when the LLC uses the mark, or vice versa. The applicant must be the owner of the mark.

Protecting your name in contracts and invoices

Once you have a name, use it consistently: on your website, signage, social profiles and every invoice. Consistent use builds the evidence of use you need, and your invoices are dated proof of when and where you traded under the name. If you hire designers to create a logo, make sure your contract assigns the rights to you; our sibling guide to the intellectual property clause explains how. A brand style guide keeps usage consistent, and if you are commissioning a logo, see logo design pricing. You may also want to secure a matching domain; see how to buy a domain name.

Put your business name and logo on every invoice with our free invoice generator: no sign-up, add your branding, and download each invoice as a PDF.