Why You Should Trademark Your Business Name
Trademarking your business name is one of the most important steps you can take to protect your brand. When you register a trademark for your business name with the USPTO, you gain the exclusive legal right to use that name nationwide in connection with your goods or services. Without a federal registration, your rights are limited to the geographic areas where you have actually used the name in commerce.
Many business owners mistakenly believe that registering a business name with their state or forming an LLC provides trademark protection. This is not the case. State business name registration, LLC formation, and even domain name registration do not create trademark rights. Only federal trademark registration with the USPTO provides comprehensive, nationwide protection for your business name.
Steps to Trademark a Business Name
1. Evaluate Trademark Strength
Not all business names are equally protectable. The USPTO evaluates trademarks on a spectrum of distinctiveness, from strongest to weakest: fanciful marks (invented words like "Xerox"), arbitrary marks (existing words used in an unrelated context like "Apple" for computers), suggestive marks (marks that suggest a quality of the goods/services), descriptive marks (marks that describe the goods/services), and generic terms (which cannot be trademarked at all). Our attorney can evaluate where your business name falls on this spectrum and advise on registrability.
2. Conduct a Comprehensive Search
Before filing, a thorough trademark search is essential to ensure no one else has prior rights to a similar name for similar goods or services. Our attorney search across federal and state databases, business registrations, domain names, and common law sources to identify potential conflicts.
3. File the Trademark Application
Once the search confirms availability, we prepare and file your trademark application with the USPTO. This includes identifying the correct international class(es) for your goods or services, drafting an accurate description, and selecting the appropriate filing basis (actual use or intent to use).
4. Respond to USPTO Examination
The USPTO examining attorney reviews your application and may issue an office action raising questions or objections. Common issues with business name trademarks include likelihood of confusion with existing marks, descriptiveness refusals, and issues with the description of goods/services. Our attorney handles all office action responses as part of our flat fee.
5. Registration and Ongoing Protection
Once approved and published, your trademark registration is issued. You can then use the ® symbol and enforce your rights against anyone using a confusingly similar name.
How Much Does It Cost to Trademark a Business Name?
The cost to trademark a business name includes the attorney fee and USPTO filing fee. At Blue Ridge Trademark, our flat attorney fee starts at $599, plus the USPTO filing fee of $250 (TEAS Plus) or $350 (TEAS Standard) per class. This includes the clearance search, application filing, and office action responses. The total cost for a single-class trademark registration for a business name typically ranges from $849 to $949.
Business Name vs. Company Name vs. Brand Name Trademark
Whether you call it a business name, company name, brand name, or trade name, the trademark registration process is the same. What matters to the USPTO is whether the name functions as a trademark — meaning it identifies and distinguishes the source of your goods or services. Your business name can serve as a trademark if consumers associate it with your products or services.
Trademark a Business Name and Logo Together
You can register your business name and logo together as a combined mark, or you can file separate applications for each. Filing separate applications provides broader protection because a word mark registration protects the name regardless of how it is displayed, while a logo registration protects the specific design. Many businesses choose to file both for maximum coverage. Our attorney can advise you on the best strategy for your situation.