How to Trademark a Name

How to Trademark a Name

You might be wondering how to trademark a name. This article will provide you with an overview of the process, including the costs and requirements, as well as the filing process. In addition, we will discuss whether you need to hire a trademark attorney and what your legal options are. This is an important step to take if you plan to use a brand name as your company name.


When you choose to trademark your name, you should keep in mind the costs associated with the process. The Federal Office of Patents and Trademarks (USPTO) charges fees for trademark filings, which vary depending on the form filed. To apply for a trademark electronically, use the Trademark Electronic Application System, or TEAS. You can also file a paper application.

A trademark lawyer can help you with the process, by collecting information and filing the application for you. Your attorney will also conduct a business name search to determine whether the business name in question is already being used by another business. If it is, they will file a trademark claim on your behalf. Their services will run from $500 to $2,000, depending on the complexity of your case.

The cheapest way to trademark a name is to file through the state, although there are exceptions. The cost can vary widely depending on what type of business you operate, but it is generally less than $150 for corporations. Sole proprietors and contractors should expect to spend at least $50-$150. Besides the legal fees, you’ll also pay maintenance fees.

There are many reasons why you should trademark your name, including the protection it offers. Trademarks protect your brand and help protect your business from competition. They also give you legal protection. If someone imitates your trademark, you can face expensive litigation. About 4,000 lawsuits involving trademarks are filed annually in federal courts.

Another cost associated with trademarking a name is the renewal fee. Typically, a trademark registration is valid for 10 years, but if you need to renew it after this time, you’ll need to pay an extra $100 to renew it. Additionally, you’ll need to file a Declaration of Use of Mark in Commerce (DUM).

If you have a unique and distinctive design for your business, you should consider trademarking your business name. You’ll need to provide an image of this design with your application. The process can take months and you will have to pay a trademark fee during this time.

Filing process

There are several important factors to consider when filing for trademark protection. First, you must determine whether the name you want to trademark is already in use. You can do this by using the Trademark Electronic Search System, or TESS. Next, you must check for any similar names. If the names have too much in common, the trademark application will likely be denied. Also, make sure that the name has a distinctive sound or meaning.

Once you’ve decided on the name to trademark, you’ll need to file the trademark application with the USPTO. Generally, it takes anywhere from six to twelve months for the application to be approved. The process can be delayed further if there are questions or oppositions from other parties. You can also check the status of your application through the Trademark Status and Document Retrieval (TSDR) system.

Another important step in the trademark filing process is deciding what kind of mark to use. There are three basic types of trademarks: character marks (words or word combinations), design marks (styles or stylized designs), and sound marks. In addition to the type of mark you choose, you need to consider whether your trademark will be useful in other ways.

Another important factor is geographical scope. If you are planning on expanding to more than one state, you may find that a similar name is already in use by other businesses. Therefore, you should consider applying for a trademark if your business will be operating in many different states. You should keep this in mind when selecting a name and ensure that you choose a name that is available in as many states as possible.

While the majority of trademark applicants are already using the trademark in commerce, you can also file your application based on intent to use. However, if you later use the trademark, you must submit a Statement of Use form to show that you’re using it. This is also known as an Amendment to Alleged Use, and it must be filed no later than six months after USPTO approval. The cost of submitting a Statement of Use form is $100 per class of goods or services.

The filing process for trademarking a name is fairly straightforward. The USPTO will issue a Notice of Allowance to your application. After you have received a Notice of Allowance, you need to show that the trademark has been used in commerce. If you have already started selling the goods or services, you can pay for an extension that will allow you an additional three years to get your brand off the ground.


A trademark is a legal way to protect your business name and logo. However, you must be careful when applying for a trademark. You should make sure that there are no other companies with the same name or logo. For instance, if your business name is Yankee Doodle’s Nursery, someone else may already have a registered trademark for that name. For this reason, you need to search for trademarks online. You can use the Trademark Electronic Search System (TESS), which allows you to conduct five different searches on the database.

There are several requirements that you need to meet in order to register a trademark. First, the trademark must be distinctive. This means that consumers should be able to recognize it when it is used in commerce. Second, the trademark must be inherently distinctive or acquired through use. The more distinctive a trademark is, the easier it is to get approved.

A trademark application requires a substantial amount of work. In addition to verifying that the name you’re applying for is already used, you must also create an exact representation of it. The trademark application must include your name, or it can be rendered in a specific style, color, or font. This way, the trademark will protect only a particular depiction of the name.

Moreover, you must ensure that all required information is filled out on the trademark application. Incorrect information can result in denial of your application. Among other things, you should include your full name and legal description of your products and services. The application must also include the date when the name was first used in commerce. Finally, you should provide an address where you can be reached for correspondence.

If you plan to use your name for several goods and services, you should consider registering it in multiple classes. Depending on what you’re planning to sell, you may need to pay separate fees for each class. For example, if you’re starting a spirits brewing company, you’ll need to register your name in the alcohols and beers and beverages classes.

Cost of hiring a trademark attorney

Hiring a trademark attorney can be a very expensive process. The average cost of hiring a trademark attorney is between $500 and $2,000. However, costs can vary greatly, based on the type of services and location of the firm. The fee that you’ll pay a trademark attorney will depend on the type of work that you need done and the experience of the lawyer. A trademark attorney’s fee will also depend on whether the attorney charges a flat rate or an hourly rate.

If you’re filing for a federal trademark, you’ll need to pay $550. If your trademark application is for a brand name, you can pay another $350 for federal protection. However, you can file for trademark protection yourself with a state trademark if you’re a U.S. permanent resident.

Hiring a trademark attorney can be very expensive, but you should still consider the benefits of using one. They’ll be able to provide you with expert advice on how to file for a trademark. Their expertise is invaluable and can save you a great deal of time and money. And because the process of trademark registration is not difficult, hiring an attorney is often a wise choice.

The cost of hiring a trademark attorney will vary depending on the type of application you file and the requirements of the trademark. The fee for filing a trademark can range from $225 to $400, but the cost can be less or more depending on the scope of the trademark search and the number of classes you need to file.

You’ll pay a trademark attorney an additional fee for their services, but these fees are usually a one-time cost. If you need to file multiple applications, some attorneys will charge a flat fee of up to $1000 per application. Moreover, some attorneys will provide more services than just filling forms. For instance, they will prepare cease and desist letters and a Transfer and Assignment Agreement.

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