How to Trademark Your Brand Name: A Step-by-Step Guide

Why Trademark Your Brand Name?

A trademark gives you the exclusive legal right to use your brand name in your product or service category. Without one, anyone can use the same name — and you have limited legal recourse.

Trademark registration provides:

Legal presumption of ownership
The right to sue for infringement in federal court
The ability to use the ® symbol
Protection against domain squatters (UDRP process)
Leverage to remove social media impersonators
The ability to record with US Customs to prevent counterfeit imports

Before You File: Pre-Filing Checklist

1. Conduct a Trademark Search

Search the USPTO's Trademark Electronic Search System (TESS) for existing marks that are identical or confusingly similar to yours. Look for:

Exact matches in your product/service category
Similar-sounding names (phonetic equivalents)
Similar names in related categories

2. Determine Your Mark Type

Standard Character Mark: Protects the words regardless of font, style, or design
Design Mark: Protects a specific logo or stylized version
Sound/Motion Marks: Less common, for audio or animated logos

For most businesses, start with a Standard Character Mark — it provides the broadest protection.

3. Identify Your Goods/Services Class

Trademarks are registered within specific classes (categories). The USPTO uses the Nice Classification system with 45 classes. Common examples:

Class 9: Software, apps, electronics
Class 25: Clothing
Class 35: Advertising, business management
Class 41: Education, entertainment
Class 42: Computer and software services

You can register in multiple classes, but each costs a separate filing fee.

The Filing Process

Step 1: Create a USPTO Account

Go to trademark.uspto.gov and create an account. You'll need this for filing and tracking your application.

Step 2: Choose Your Filing Basis

Use in Commerce (Section 1a): You're already using the mark in business. You'll need to provide a "specimen" (example of the mark in use).
Intent to Use (Section 1b): You plan to use the mark but haven't started yet. Costs more overall but reserves the name.

Step 3: Complete the Application

Through the Trademark Electronic Application System (TEAS), provide:

Your name and address (or your business entity info)
The mark (your brand name)
The class(es) of goods/services
A description of your goods/services
A specimen showing the mark in use (if filing under 1a)
The filing fee

Step 4: Pay the Filing Fee

TEAS Plus: $250 per class (requires selecting from pre-approved descriptions)
TEAS Standard: $350 per class (allows custom descriptions)

Step 5: Wait for Examination

A USPTO examining attorney reviews your application. Timeline: 3-4 months from filing.

Step 6: Respond to Office Actions (If Any)

The examiner may issue an Office Action requesting clarification, changes, or additional evidence. You have 3 months to respond (extendable to 6 months).

Common Office Actions:

Likelihood of confusion with an existing mark
Descriptiveness (the name describes the goods too directly)
Specimen issues (your evidence of use doesn't qualify)

Step 7: Publication Period

If approved, your mark is published in the Official Gazette for 30 days. This gives existing trademark holders a chance to oppose your registration.

Step 8: Registration

If no one opposes (or you win any opposition), your trademark registers. For Intent to Use applications, you must first file a Statement of Use with evidence that you're using the mark.

Total Timeline and Cost

Timeline: 8-12 months if everything goes smoothly; 12-18 months if Office Actions are issued
Cost (DIY): $250-350 per class filing fee
Cost (with attorney): $1,000-2,500 total including legal fees
Renewal: Every 10 years ($300 per class)

Common Mistakes

Not searching first: Filing without a thorough search wastes your filing fee if a conflicting mark exists
Wrong class: Filing in the wrong class leaves you unprotected in your actual market
Too descriptive: Marks that merely describe your product (e.g., "Fast Delivery" for a shipping company) are weak and may be refused
Not using the mark: You must actively use the trademark in commerce. Unused trademarks can be cancelled.

Do You Need a Lawyer?

You can file without one, but an attorney helps when:

Your search reveals potential conflicts
You're unsure which classes to file in
You receive an Office Action
Your business operates in multiple countries

For straightforward applications, many founders file successfully on their own.

Start With Availability

Before spending $250+ on a trademark filing, make sure your brand name is actually available. Use BrandScout to check trademark databases, domains, and social handles — so you know your name is clear before investing in legal protection.