Your business name is a valuable asset — potentially one of your most valuable. Trademarking it provides federal legal protection that prevents competitors from using the same or confusingly similar names in your industry, and gives you the legal standing to enforce that protection. Here’s how the process works.
What Is a Trademark?
A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services. Registering a trademark with the United States Patent and Trademark Office (USPTO) provides nationwide legal protection and creates a public record of your ownership.
Without a registered trademark, you still have common law rights in the geographic area where you actually use the mark — but these rights are limited, difficult to enforce outside your immediate market, and provide no protection against competitors who register the mark elsewhere.
Before You Apply: The Trademark Search
Applying for a trademark without searching first is expensive and potentially wasteful. Before investing in the application process, conduct a thorough trademark search to confirm your desired mark isn’t already registered or in use.
Search the USPTO database at USPTO.gov/trademarks using the Trademark Electronic Search System (TESS). Search for exact matches, phonetic equivalents, and similar-looking marks in your industry class. Also conduct a broader Google search and check domain registrations — common law rights in an unregistered mark can still block your registration.
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The Application Process
If your search reveals no conflicting marks, you’re ready to apply. File through the USPTO’s Trademark Electronic Application System (TEAS) at USPTO.gov.
Key decisions in the application:
Mark type: Are you registering a word mark (your business name in standard text) or a design mark (your logo)? For most businesses, registering the word mark first provides the broadest protection.
Goods and services class: Trademarks are registered for specific categories of goods or services. The USPTO uses the Nice Classification system with 45 classes. You’ll need to identify which class(es) your business falls under and pay a fee for each class.
Basis for filing: If you’re already using the mark in commerce, you file based on “use in commerce.” If you haven’t started using it yet, you can file an “intent to use” application to reserve your rights.
Filing fees: Currently $250 per class for the TEAS Plus application (the most common option). A single-class application for a service business typically costs $250 in filing fees alone.
The Examination Process
After filing, a USPTO examiner reviews your application — typically within three to six months. The examiner may issue an “Office Action” requesting clarification, additional information, or raising a legal objection. You have three months to respond.
If approved, your application is published in the Official Gazette for 30 days. During this period, any party who believes they’d be harmed by your registration can file an opposition. If no opposition is filed (or opposition proceedings are resolved in your favor), your trademark is registered.
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Maintaining Your Trademark
Registration isn’t permanent without ongoing maintenance. You must file a Declaration of Use (Section 8) between the fifth and sixth year after registration, and renewal applications every ten years. Failure to meet these deadlines results in cancellation of your registration.
Additionally, you must actively use your trademark in commerce and enforce it against infringers. Trademark rights can be lost through non-use or failure to police infringement — a concept called “abandonment.”
For trademark registration guides, intellectual property protection resources, and brand protection strategies for small business owners, Internet Chicks Worth provides accessible legal content for entrepreneurs who want to protect the names and brands they’ve built.