Trademark a Business Name

Trademark registration can protect your business name. Find out how to get started with this easy-to-follow explanation of how the registration process works, how much it costs, how long it takes and more.

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trademark a business name

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Updated on: August 4, 2025
Read time: 3 min

A trademark can protect your business name from being used by competitors. To be eligible for trademark protection, your business name must be a name that you use in commerce to distinguish your products or services from the products or services provided by others.

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Choosing a name that can be trademarked

You can register a trademark for a business name with the U.S. Patent and Trademark Office (USPTO) if it is sufficiently distinctive and does not create a likelihood of confusion with other trademark registrations or pending registration applications.

Distinctiveness

The USPTO will only register a trademark for a business name that is distinctive: You cannot register a generic name such as “books” or “shirts,” and it is unlikely you could register a descriptive name such as “The Best Cookies.” 

The most distinctive business names are “coined,” or made-up, names such as “Kodak” or arbitrary names that use an existing word to identify an unrelated product, such as “Apple” for computers. You can also trademark a suggestive name that implies a product or a product trait without actually describing it, such as “Greyhound” bus.

Descriptive business names are more difficult to trademark. A descriptive name might include a person’s name, such as “Bob Evans” restaurants, or a description of the product or services, such as “Cheesy Pizzas.” To register a trademark for a descriptive name, you will usually have to provide evidence that the name has become so well known that people automatically associate it with your business.

Likelihood of confusion

The USPTO may refuse to register your business name if it finds there is a likelihood of confusion between your name and another registered trademark or pending trademark application. A likelihood of confusion arises if:

  • Two trademarks are similar; and
  • The trademarks are used in connection with related goods or services. If the goods and services are related, such as two types of apparel, the public might assume that products or services with similar trademarks come from the same source. The USPTO will only allow similar trademarks to be registered if they apply to unrelated goods or services.
Check if your business name is taken
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Registering your trademark

You can register a federal trademark for your business name by filing an application with the USPTO’s online Trademark Electronic Application Service (TEAS) or through an online trademark service. 

  • Your trademark application can be refused if there is a likelihood of confusion with an existing or pending trademark registration. To minimize the chance that this will happen, it is wise to conduct a trademark search before you submit your application.
  • You can register your business name as a standard character mark, which means you are registering the name itself without any particular design, font, or ornamentation. Your registration will extend to any font, color, or design you may choose for your name. Alternately, you can register a special character mark that depicts your business name in a particular design, color, or font, but your registration will protect only that design. 
  • You will need to pay a filing fee, depending on the type of registration you want. These fees can change, so check with the USPTO for current fees.
  • The registration process will take at least several months.

Looking to register a trademark for your business name? Start with a comprehensive trademark search. If you are ready to continue, LegalZoom can help create and file your trademark application with the USPTO.

What would you like to protect?Start my trademark
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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

32 days ago
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Confident First-Time Filing

The process was clearly explained, and all of my questions were answered. I feel confident about the next steps, which I appreciated as first-time trademark filer.

David
88 days ago
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I was so impressed with Juan's…

I was so impressed with Juan's step-by-step guidance! It made the trademark process so digestible and easy. He answered any question that came up and made something I was dreading go by quickly and easily.

Amelia Samuels
114 days ago
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Jose is the best.

Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
117 days ago
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The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

Craig Schsrfman
133 days ago
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Trademark work is great and effecient

Edit from my previous feedback and why i decided to give them 5stars they deserved: LegalZoom's support team was excellent—they addressed my concerns promptly and delivered a great outcome. I truly appreciate their help and want to give a shout-out for an outstanding customer service experience.

Trademark
132 days ago
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Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
139 days ago
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Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

Asiyah Lites-Rasheed
157 days ago
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Excellent Serviceed them for a trademark application

Used them for a trademark application. Excellent service. Knowledgeable staff. I would absolutely use them again. Probably save thousands by going through them.

Eric Hertz
188 days ago
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Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
Rated4.6out of 5 based on24,926+ reviewson

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