How to Trademark Your Business Name and Logo (Step by Step)

Your business name is your brand’s foundation — and without a trademark, it’s built on sand. Anyone can use a similar name, copy your logo, and there’s little you can do about it. Federal trademark registration ($250–$350 per class) gives you nationwide exclusive rights and real enforcement power. Here’s the complete process.

How do I trademark my business name and logo?

A trademark protects brand identifiers — names, logos, slogans — that distinguish your goods/services in the marketplace. It does NOT protect: the business idea itself, copyrighted creative works (different law), or patents (different law). Key concept: trademarks are tied to classes of goods/services (45 international classes) — registering “Bloom” for candles doesn’t stop someone registering “Bloom” for software, unless confusion is likely. And rights in the US come from use, not just registration — but federal registration supercharges those rights enormously.

Before Filing: The Clearance Search (Don’t Skip This)

Searching first prevents the most expensive mistake: investing in a brand you can’t own. 1. USPTO TESS database (uspto.gov — free): search for identical AND similar marks in your classes. Similar sounding, similar looking, or similar meaning marks can all block you. 2. State trademark databases (less critical but check). 3. Common-law search: Google, social media, domain registries — unregistered but actively-used marks have common-law rights in their geographic area. 4. Consider a professional search ($200–$500 from trademark attorneys or search firms) for important brands — they catch what DIY searches miss. If you find conflicts, pivot the name now — it’s infinitely cheaper than rebranding after launch. This pairs with our business name registration guide — do the trademark search before the state filing, not after.

The USPTO Filing Process (Step by Step)

1. Create a USPTO.gov account and access the Trademark Electronic Application System (TEAS).
2. Choose TEAS Plus ($250/class) or TEAS Standard ($350/class). Plus is cheaper but requires choosing from pre-approved goods/services descriptions — fine for most applicants.
3. Identify your mark: standard character (just the words, protects the name in any font/style — usually the best choice for names) or special form/stylized (the specific logo design — file separately for logos).
4. Select classes carefully — too few leaves gaps; too many wastes fees. Most small businesses need 1–2 classes.
5. Specify filing basis: “use in commerce” (already using it — provide a specimen showing the mark on your product/website) or “intent to use” (not yet launched — pay an extra $100/class later when you file proof of use).
6. Submit and pay. You’ll get a serial number immediately.

What Happens After Filing (The Timeline)

Months 1–3: A USPTO examining attorney reviews your application. Months 3–6: You’ll likely receive an Office Action (a refusal or request for clarification) — 60%+ of applications get one; it’s normal, not fatal. Common issues: likelihood of confusion with existing marks, merely descriptive marks (“Best Pizza” can’t be trademarked), or specimen problems. Respond within 3 months (extendable). Months 6–9: If approved, your mark publishes for opposition — anyone can object within 30 days (rare for small businesses). Months 9–12: Registration certificate issues. Total: 8–12 months typically, sometimes longer. The USPTO’s trademark basics page documents current timelines and fees.

Name vs. Logo: File Separately

File the name (standard character mark) and logo (stylized mark) as separate applications — yes, that’s two filing fees, but it’s the right strategy. Why: if you rebrand the logo later (businesses do every 5–10 years), the name registration survives independently. A combined filing protects only that exact combination. Budget $500–$700 total for both (TEAS Plus). File the name first if budget is tight — names are harder to change than logos.

DIY vs. Attorney

Straightforward applications (distinctive name, clear classes, proper specimens) are very DIY-able — the TEAS system guides you through, and the USPTO’s resources are genuinely helpful. Hire an attorney ($500–$1,500 plus filing fees) when: you receive a substantive Office Action refusal, the mark is borderline distinctive, you’re filing in multiple classes with complex descriptions, or the brand is business-critical and you want it done right the first time. Many attorneys offer flat-fee trademark packages — get quotes from 2–3. The attorney doesn’t speed up the USPTO, but they dramatically improve first-try approval odds.

After Registration: Maintenance

Registration isn’t forever-without-effort: use the ® symbol (only for registered marks — using it without registration is illegal), police your mark (trademark rights weaken if you don’t enforce against infringers building customer trust for a new business — send cease-and-desist letters when needed), file maintenance documents (Section 8 declaration between years 5–6, renewals every 10 years — miss these and the registration cancels), and use it consistently (non-use for 3+ years can void the registration). Set calendar reminders for every deadline — the USPTO won’t chase you.

International Trademarks (When to Bother)

US registration protects you in the US only. If you sell internationally, consider the Madrid Protocol — one application (filed through the USPTO) extending to 130+ member countries, far cheaper than filing country-by-country. When it matters: you’re actively selling abroad, planning expansion, or in an industry with international copycats (fashion, tech, consumer goods). When to skip: purely local businesses with no international ambitions. Start with US registration; add Madrid Protocol coverage when international revenue justifies the $500–$2,000+ cost. Trademark strategy should follow business reality, not fear.

Common Rejection Reasons (And How to Avoid Them)

The top USPTO refusal grounds: likelihood of confusion (too similar to an existing mark — avoid with thorough clearance searches), merely descriptive (“Quality Plumbing” describes rather than distinguishes — choose suggestive or arbitrary names like “Apple” for computers), generic terms (“Computer Store” can never be trademarked), geographic descriptiveness (“Austin Tacos” is weak), and specimen issues (your proof-of-use doesn’t properly show the mark — follow the USPTO’s specimen examples exactly). Choosing a distinctive name at the start prevents most refusals — the strongest marks are invented words (Kodak, Xerox) or arbitrary ones (Apple for computers). Name creatively now; thank yourself at filing time.

The Bottom Line

Search thoroughly (USPTO TESS + common law), file name and logo separately via TEAS Plus ($250/class each), expect 8–12 months including a likely Office Action, and maintain the registration with timely filings. DIY works for straightforward marks; hire an attorney for refusals or critical brands. A trademark is the cheapest brand insurance you’ll ever buy — $500–$700 to own your name nationwide for a decade.