Trademark a Name

Trademark registration FAQs

What types of business names can I trademark?

You can trademark most business names as long as they're used in business and meet certain requirements. The name needs to help customers identify your specific business or products, not just describe what you sell. You can trademark business names, product names, service names, and even domain names if you use them for business. 

The key is that your name must be distinctive enough that customers can tell it apart from other businesses in your industry.

How much does it cost to trademark a business name?

The basic cost to trademark a business name with the federal government is $350 per category of goods or services you want to protect. This is the cheapest option if you file online through the USPTO website. If you need to protect your name in multiple categories (like both products and services), you'll pay $350 for each category.

For example, if you sell juice and also run a juice bar, you might need two categories, costing $700 total. You can also get help from legal services, which typically charge between $899 to $2,000 or more depending on what's included. State trademarks are much cheaper (usually $35–$100) but only protect your name within that one state, while federal trademarks protect you nationwide.

What makes a business name strong enough to trademark?

The strongest business names for trademarks are made-up words or common words used in unexpected ways. Completely made-up names (such as “Xerox”) or names with unexpected applications (such as using “Apple” for a computer company) get the best protection because they're unique and memorable. Names that hint at what you do without directly saying it (like "Greyhound" for buses) are also considered fairly strong. 

However, names that simply describe your business (like "Fast Pizza Delivery") are much harder to trademark unless you can prove customers already know that name belongs specifically to your business.

Can I trademark a name that's similar to an existing business?

You might be able to trademark a similar name, especially if the businesses are in completely different industries and customers wouldn't get confused. The government looks at whether people might mix up the two businesses when deciding what to buy. For example, "Delta Airlines" and "Delta Faucets" can both exist because airplanes and bathroom fixtures are totally different products.

But if you wanted to start "Delta Shipping" or "Delta Travel," the trademark would probably be rejected because it's too close to the airline business. The key factors are how similar the names sound or look, and whether the products or services are related enough that customers might think they come from the same company.

How long does the trademark process take?

The trademark process typically takes several months to over a year from start to finish. After you submit your application, it usually takes about 3–4 months before a government attorney reviews it for the first time. If there are no problems with your application, it gets published for 30 days to give other businesses a chance to object. If no one objects and everything looks good, you'll get your trademark registration.

However, if the government finds issues (like your name being too similar to another trademark), you'll need to respond to their concerns, which can add several more months to the process. The timeline can vary a lot depending on how complex your case is and whether you need to make changes to your application along the way.

Do I need to hire a lawyer to trademark my business name?

You don't legally need a lawyer to trademark your business name, but it can be helpful, especially if your situation is complicated. You can file the application yourself through the USPTO website, and many people do this successfully. However, lawyers or legal service providers can help you avoid common mistakes that might get your application rejected. For instance, LegalZoom can do thorough searches of various trademark databases to make sure your name doesn't conflict with existing trademarks, help you choose the right categories for protection, and handle any problems that come up during the review process.

What happens after I get my trademark registered?

Once your trademark is registered, you have exclusive rights to use that name for your specific type of business nationwide. This means you can stop other businesses from using confusingly similar names in your industry, and you can use the ® symbol with your name. However, you're responsible for protecting your trademark yourself—the government won't do it for you. You need to watch for other businesses that might be copying your name and send them letters asking them to stop. If they don't stop, you might need to take them to court.

You also need to renew your trademark every 10 years by filing paperwork and paying fees. If you stop using your trademark for several years, you could lose your rights to it, so make sure you keep using it in your business.