How to Trademark a Business Name or Logo: Search, Filing and Costs

A trademark protects the names and logos that identify your business. Registering at the federal level offers stronger protection, but the process requires careful searching and attention to deadlines.

What a trademark protects

A trademark protects words, logos and other marks that identify the source of goods or services and prevent customers from being confused. It does not protect general ideas or the product itself, which may fall under patents or copyrights.

Steps to register

1. Choose a distinctive mark, since invented or arbitrary names are easier to protect than descriptive ones.
2. Search the USPTO database, state records and the web for similar marks.
3. Identify the goods or services and the right class.
4. File an application with the USPTO and pay the fee.
5. Respond to any office action from the examiner on time.
6. After approval, maintain the registration with required filings.

Common reasons for refusal

• Likelihood of confusion with an existing mark.
• The mark is merely descriptive.
• Specimens do not show use in commerce.
• Errors in the identification of goods or services.

Common law rights versus registration

You may have some rights just by using a mark in commerce, but they are limited to the area where you operate. Federal registration provides nationwide priority, a public record and stronger remedies.

Costs and timelines

Federal filing fees are charged per class, and total costs can increase with lawyer fees and responses to office actions. Examination often takes many months. Check the USPTO fee schedule for current amounts.

Using the symbols correctly

You may use TM with an unregistered mark. The registered symbol should be used only after the USPTO registers the mark. Misusing it can cause problems.

Maintaining and enforcing a mark

Registrations require periodic maintenance filings and continued use. Monitor for infringers and act promptly, since failing to police a mark can weaken it. A lawyer can send cease-and-desist letters or help with disputes.

Real-life scenarios

1. A bakery searches before choosing a name and finds a similar mark, so picks another.
2. A startup receives an office action and responds with a clarified description of services.
3. A freelancer registers a logo after building a local reputation.

Common mistakes to avoid

• Skipping a clearance search.
• Choosing a purely descriptive name.
• Missing office action deadlines.
• Using the registered symbol too early.
• Ignoring infringers.
• Using misleading filing services.

Questions to ask a professional

• Is my mark distinctive?
• Which classes should I file in?
• Is there a conflicting mark?
• What does the full process cost?
• How will I enforce the mark?

A practical action plan

1. Pick a distinctive mark.
2. Run a thorough clearance search.
3. File with the USPTO.
4. Respond to the examiner on time.
5. Maintain and monitor the mark.

Terms you may hear

• Trademark: a mark that identifies the source of goods or services.
• Service mark: a mark for services.
• Office action: an examiner's written objection.
• Specimen: proof the mark is in use.
• Likelihood of confusion: the main standard for refusal.

Doing a proper clearance search

Search the USPTO trademark database for identical and similar marks, including sound-alikes and variations, in your field and related fields. Check state registries, domain names, social handles and general web results. A mark that looks available can still conflict with unregistered common law users.

Describing your goods and services accurately

The identification of goods and services defines the scope of your protection. Use clear, specific wording, choose the correct classes and file only for what you actually use or plan to use in good faith. Over-broad claims can cause refusals or later challenges.

After you file

Monitor your application and calendar every deadline. Respond to office actions within the time allowed, often a few months, since missing it can abandon the application. Keep dated samples showing how the mark is used so you can prove use in commerce.

Frequently asked questions