How to trademark a business name: Your complete guide to protecting your brand

To trademark a business name and secure exclusive rights to your brand, you’ll need to research existing trademarks, prepare your application documents, and file with your country’s trademark office.

Here’s how the process works:

• First, verify that your name is unique enough to qualify for trademark protection.
• Next, search existing trademarks to make sure yours doesn’t conflict with names already in use.
• Then, prepare your application documents and file with the trademark office.
• Finally, respond to examiners’ feedback if they request additional information after reviewing your application.

The whole process typically takes 8 to 18 months, depending on your location and whether you run into any complications. It takes time, but the legal protection and exclusive rights are worth the investment.

This guide walks you through each step so you know exactly what to do and what to expect along the way. We’ll also show you how to avoid the common mistakes that lead to application rejection.

Let’s get started.

What is a trademark, and why does your brand need one?

A trademark is a word, phrase, symbol, or design that identifies your business and distinguishes it from competitors. Think of it as your brand’s legal signature, telling customers that a product or service comes from you and no one else.

When you register a trademark, you’re getting exclusive rights to use that name or logo in your industry. That means if someone tries to copy your business name or create something confusingly similar, you have legal grounds to stop them.

But trademark protection offers benefits beyond just stopping copycats. It’s about creating a consistent brand identity that customers can recognize and trust, signaling quality and reliability.

The trademark process: A step-by-step guide

The trademark process is about making strategic decisions and careful planning from start to finish.

First, decide exactly what you want to protect and how broadly you want that protection to extend. Are you trademarking just your business name, or do you also want to protect your logo, tagline, or specific product names? Each element might need its own application.

Next, think about your business’s future. If you’re planning to expand into new product lines or services, you might want to secure trademark protection in those areas now, even if you’re not using them yet.

The geographic scope of your protection matters, too. A national trademark only protects you in that country. If you’re planning to expand internationally, you’ll need to consider filing in other countries or using international trademark systems to streamline the process.

Finally, timing also matters. The sooner you file, the better your chances of securing the rights you want. Trademark rights generally go to whoever files first, not necessarily who used the name first in business.

Once you’ve made these strategic decisions, you’re ready to proceed with the trademark process step by step.

1: Assess your need for a trademark and initial considerations

The process starts with figuring out if a trademark is right for your situation and whether your name qualifies for protection.

Trademarks protect business names, product names, logos, and slogans. They don’t protect your actual products or new inventions (that’s patents) or your creative works like website content or marketing materials (that’s copyrights).

So, if you want to protect how customers identify and find your business, you need a trademark. If it’s a new invention or creative content, you’re looking at patents or copyrights instead.

Check if your name can actually be trademarked

Here’s where a lot of people hit their first roadblock. Your name needs to be distinctive enough to qualify for trademark protection.

Generic names like Joe’s Computer Repair or purely descriptive names like Fast Local Pizza typically can’t be trademarked because they just describe what you do rather than identify your specific business.

The more unique and memorable your name, the better your chances. Made-up names like Spotify or Hulu get the strongest protection because they’re completely original and can only refer to that business. Names that suggest something about your business but don’t directly describe it, like Velocity for a delivery service or Summit for financial planning, work well too.

If your name is on the descriptive side, don’t panic. Sometimes descriptive names can gain trademark protection if they’ve been used long enough that customers associate them specifically with your business.

Decide what you want to protect

Think about what you actually need to protect. Is it just your business name? Your logo? A specific product name? Your tagline? Each of these might need separate protection, and each one costs money to register.

Remember, each trademark application covers specific categories of goods or services, so a trademark for restaurant services won’t protect you if you later want to sell packaged foods in grocery stores.

Also, consider whether you need trademark coverage locally, nationally, or internationally. If you’re planning to expand globally, you’ll need to think about international protection. Start by doing a domain name search to see which international domains are available. This can help guide your trademark strategy.

2: Conduct a thorough trademark search worldwide

A proper trademark search helps you confirm your name is available and gives you confidence to move forward with your application.

Why the search matters

A thorough search does two important things: it increases your chances of getting approved, and it helps you avoid conflicts with existing businesses.

When trademark offices examine applications, they only search their own databases of registered and pending trademarks. They won’t catch unregistered businesses using similar names or all the variations that could cause problems. That’s why doing your own comprehensive search upfront is so valuable to avoid issues later on.

Start with the basics

Begin with a simple Google search of your proposed name. Look for any businesses using the same name or something very similar. Check social media platforms, business directories, and industry publications. If you find someone already using your name in the same industry, you’ll want to consider a different name.

Don’t just search for your exact name either. Try variations, common misspellings, and similar-sounding names. This catches potential conflicts you might otherwise miss. For example, if your business name is Beacon Marketing, also search for Becon Marketing, and anything else that sounds similar.

Search official databases

Most countries have online trademark databases where you can search for existing registrations.

But don’t limit yourself to just your home country’s database. If you’re planning any international expansion, search trademark databases in those countries too. The process to check if a business name is taken varies by country, but the basic approach is similar everywhere.

For example, the UK has the Intellectual Property Office database, the US has the United States Patent and Trademark Office, and the European Union Intellectual Property Office covers European trademarks.

Look beyond exact matches

Once you’ve searched the official databases, the real skill comes in evaluating what you find. Trademark protection goes beyond just your exact name and covers whether there’s a likelihood of confusion between your name and existing trademarks.

For example, Delta Airlines and Delta Plumbing can coexist perfectly because nobody will confuse an airline with a plumbing company. But, Delta Airlines and Delta Bus Service could create confusion since they’re both in transportation.

Understanding this principle helps you evaluate what you find during your search and make informed decisions about whether potential conflicts are actually problematic for your specific situation.

3: Prepare your trademark application: required documents and information

Once you’ve confirmed your name is available, it’s time to gather everything you need for your application. Having all your documents and information ready before you start filing will make the process much smoother and help you avoid delays.

Basic application requirements

Every trademark application needs the same core information, regardless of which country you’re filing in. You’ll need your full legal name (or business name if you’re filing as a company), a complete mailing address, and contact information.

You’ll also need a clear representation of your trademark. If it’s just text, you can submit it as standard characters, which gives you the broadest protection. If your trademark includes a logo, special fonts, or design elements, you’ll need to submit an image file that clearly shows exactly what you want to protect.

Make sure your trademark appears exactly the same way throughout your entire application. If your trademark is CloudTech Solutions in one section, don’t write it as Cloudtech Solutions or Cloud Tech Solutions anywhere else. Even minor inconsistencies can cause delays or require clarification from the trademark office.

Choosing your goods and services

Many applications run into trouble here. You need to specify exactly what goods or services you’ll use your trademark for and use the precise language that trademark offices require.

Most countries use an international classification system that organizes goods and services into numbered classes. For example, Class 25 typically covers clothing and footwear, while Class 35 covers business services like advertising and marketing. You’ll pay a separate fee for each class you want to include in your application.

The key is being specific enough to describe what you do clearly, but broad enough to cover your business as it grows. For example, “restaurant services” could work, whereas “fast food restaurant services specializing in burgers” might be too narrow if you plan to add other menu items later.

Your country’s trademark office will have specific guidelines about how to describe goods and services, so check their requirements before finalizing your application.

Proof of use or intent to use

Here’s where different countries handle things differently. Some require you to already be using your trademark in business before you can apply. Others let you file based on your intention to use the trademark in the future.

If you need to show current use, you’ll need examples of how you’re actually using the trademark, such as photos of your storefront sign, screenshots of your website, product packaging, or marketing materials that show the trademark in use.

If you’re filing based on intent to use, you’ll need to prove you have a genuine plan to use the trademark in business, not just reserve it for later. Some countries require a sworn statement explaining your intended use, while others may ask for business plans, projected launch dates, or evidence of preparations like website development or marketing materials.

Be sure to keep copies of everything you submit. The application process can take months, and you might need to reference your original materials if the trademark office asks questions or requests clarification.

4: Filing your trademark application with relevant offices

With all your documents ready, it’s time to submit your application to the appropriate trademark office. The filing process varies by country, but the basic steps are similar everywhere.

Choose the right trademark office

Most countries have a single national trademark office that handles applications, like the UK Intellectual Property Office, the United States Patent and Trademark Office, and the Canadian Intellectual Property Office.

If you’re planning to operate in multiple countries, you have a few options. You can file separate applications in each country, which gives you the most control but costs more. You can also use international filing systems like the Madrid Protocol, administered by the World Intellectual Property Organization (WIPO), which lets you file one application covering multiple countries.

The European Union has its own system too. The European Union Intellectual Property Office lets you get trademark protection across all EU member states with a single application.

File electronically when possible

Most trademark offices strongly encourage electronic filing, and some charge extra fees for paper applications. Electronic filing is usually faster, cheaper, and lets you track your application status online.

You’ll typically need to create an account on the trademark office’s website, fill out the application form with your trademark description, goods and services classification, and proof of use or intent to use, and pay the required fees.

Pay attention to filing fees

Trademark fees vary significantly by country and depend on how many classes of goods or services you’re applying for. Most offices charge per class, so an application covering three different classes will cost three times as much as a single-class application.

Some countries offer reduced fees for small businesses or individual applicants. Others have different fee structures for electronic versus paper filing. Make sure you understand the fee structure before you submit your application.

Country/region	Office	Basic fee (per class)	Additional classes
United States	USPTO	$350 – $850	Same rates per class
United Kingdom	UKIPO	£170 ($210)	£50 ($62) each
Canada	CIPO	$330 CAD ($245)	$100 CAD ($74) each
European Union	EUIPO	€850 ($925)	€50 ($59) for 2nd class, €150 ($176) for 3rd+
Australia	IP Australia	$330 AUD ($215)	$330 AUD ($215) each
International	WIPO	653 CHF ($720)	Varies by country

Keep your confirmation details

Once you submit your application, you’ll receive a confirmation with an application number and filing date. This filing date is crucial as it establishes your priority for the trademark, which can be important if someone else tries to file a similar trademark later.

Save all confirmation emails and documents in a safe place. You’ll need your application number to check the status of your application and to respond to any correspondence from the trademark office.

5: Understanding the examination and approval process

After you file your application, it goes into a queue for review. Understanding what happens during the examination helps you know what to expect and how to respond if issues come up.

What the examiner reviews

A trademark examiner will be assigned to review your application. They’re looking at two main things: whether your application meets all the technical requirements, and whether your trademark can legally be registered.

On the technical side, they’ll check that you’ve filled out all the required fields, submitted the right documents, paid the correct fees, and properly described your goods or services. These are usually easy fixes if something’s wrong.

The legal review is more complex. The examiner searches the trademark database for existing trademarks that might conflict with yours. They also evaluate whether your trademark is distinctive enough to qualify for protection, whether it’s merely descriptive of your goods or services, and whether it violates any other trademark law requirements.

The examination timeline

The examination process typically takes several months. Most trademark offices publish average processing times on their websites, but these can vary depending on their current workload and the complexity of your application.

During this time, your application status will show as under examination or similar language on the trademark office’s online tracking system. You won’t hear anything unless the examiner finds an issue that needs to be addressed.

What happens if issues arise?

If the examiner finds problems with your application, they’ll issue an office action, which is a formal letter explaining what needs to be fixed to move your application forward.

Common office action issues include requests for clarification about your goods or services description, requirements for additional evidence of how you use your trademark, or concerns about potential conflicts with existing trademarks.

You’ll typically have a set deadline to respond to an office action, which is usually three to six months, depending on the country. If you don’t respond by the deadline, your application will be considered abandoned.

Responding effectively to office actions

If you receive an office action, read it carefully and understand exactly what the examiner is asking for. Some issues are straightforward. For example, maybe they need a clearer description of your services or a better quality image of your trademark.

Other issues require more strategic thinking. If the examiner cites a conflicting trademark, you might need to argue why the trademarks are different enough to coexist, or you might need to adjust your application to avoid the conflict.

Don’t ignore office actions or delay your response. The sooner you respond, the sooner your application can move forward. If you’re unsure how to respond, this might be a good time to consult with a trademark attorney.

Moving toward approval

If your application passes examination without issues, or after you successfully address any office action concerns, it moves to the publication stage. Your trademark will be published in the official trademark publication, giving other parties a chance to oppose your registration if they believe it conflicts with their rights.

If no one opposes your trademark during the publication period, and you’ve met all the other requirements, your trademark will be registered, and you’ll receive your registration certificate.

Common reasons why a trademark application is rejected

Understanding why trademark applications get rejected can help you avoid these pitfalls and strengthen your application from the start. Most rejections fall into a few predictable categories.

Likelihood of confusion with existing trademarks

This is the most common reason for rejection. Trademark examiners assess whether your proposed trademark is too similar to an existing registered trademark, which could lead to consumer confusion.

Remember, the analysis goes beyond just identical names. Examiners consider whether the trademarks are similar in sound, appearance, or meaning, and whether the goods or services are related.

The key question is whether consumers might think the products come from the same source. Sunshine Bakery and Sunshine Baking Co. would likely conflict since they’re both in food, but Sunshine Bakery and Sunshine Software could probably coexist.

Merely descriptive trademarks

Trademarks that simply describe the goods or services they represent typically can’t be registered. Names like Fast Delivery Service for courier services or Comfortable Mattresses for bedding are often too descriptive to qualify for trademark protection.

The reasoning is that no single business should have exclusive rights to use common descriptive terms that other businesses in the industry need to describe their own products or services. This would give one company an unfair competitive advantage.

However, descriptive names can gain protection if customers strongly associate them with one specific business through years of use and marketing. American Airlines and Pizza Hut both started as descriptive terms but became distinctive brand names over time.

❌Descriptive name examples	✅Distinctive name examples
Fast Pizza Delivery	Domino’s
Best Auto Repair	Jiffy Lube
Fresh Bakery	Panera
Quality Home Cleaning	Molly Maid
24/7 Emergency Plumbing	Roto-Rooter

Generic terms

Generic terms – words that are the common name for the goods or services themselves – can never be trademarked. You can’t trademark “apple” for an apple farm, “car” for a car brand, or “restaurant” for restaurant services.

This rule exists to ensure that basic product names remain available for everyone to use. Even if a term becomes strongly associated with one company, it can lose trademark protection if it becomes generic through common usage.

Prohibited subject matter

Certain types of trademarks are legally prohibited from registration regardless of how distinctive they might be.

This includes trademarks that are immoral, deceptive, or scandalous. You also can’t trademark names of living individuals without their consent, or geographic terms that are primarily descriptive of location, like “London Pizza.”

Government symbols, flags, or insignia are also typically prohibited, as are trademarks that falsely suggest a connection with persons, institutions, or national symbols.

Weak or incomplete applications

Sometimes applications are rejected for technical reasons rather than substantive trademark law issues.

Common issues include poor-quality images of your trademark in use, descriptions that are too vague about what your business actually does, and missing required documents or information.

How to avoid common rejection reasons

To avoid common rejection reasons, ensure you search thoroughly before filing to catch potential conflicts early. Come up with a business name that identifies your business specifically, not just what you do. And make sure your application is complete and accurate.

Keep in mind that most rejections aren’t final. Getting rejected often just means you need to tweak your approach or provide better evidence to support your application.

Maintaining and protecting your trademark rights

Getting your trademark registered is just the beginning. To keep your trademark protection in place, you need to actively maintain and protect your rights over time.

Trademark maintenance requirements

Unlike copyrights, trademarks don’t last forever automatically. You need to actively maintain your registration by filing periodic renewal documents and paying maintenance fees.

In most countries, you must renew your trademark registration every 10 years, and if you miss the deadlines, you can lose your trademark rights entirely.

The key requirement for maintaining your trademark is continued use. You must keep using your trademark in business for the goods or services it covers. Simply keeping your website up or occasionally using the name isn’t enough.

If you have international trademark registrations, remember that maintenance requirements vary by country. Some may require local use evidence, while others might have different renewal schedules. Keep track of all your international deadlines to avoid losing protection in key markets.

Monitor for infringement

Trademark offices don’t patrol the marketplace looking for people who are infringing on your trademark. That’s your job as the trademark owner. You need to actively monitor for unauthorized use of your trademark and take action when you find it.

Set up Google Alerts for your trademark name so you get notified whenever it appears online, and check new trademark applications to see if anyone is trying to register something similar to your trademark.

If you find anything that might be infringing on your trademark, you can find out who owns a domain to determine if you want to take further action.

When to enforce your trademark

When you find someone using your trademark without permission, you generally need to take action to protect your rights. Trademark law operates on a use it or lose it principle – if you don’t enforce your trademark rights, you can weaken or even lose them.

However, not every use requires immediate legal action. Consider the scope and intent of the use, whether it’s likely to confuse customers, and whether the other party is competing in your market or trying to profit from your brand recognition.

How to enforce your trademark

Start with the least aggressive approach that’s likely to be effective. Often, a simple cease and desist letter is enough to resolve the issue.

Many businesses aren’t intentionally infringing. They might not even know your trademark exists. A professional letter explaining your rights and asking them to stop using your trademark often solves the problem quickly and inexpensively.

However, if someone continues to use your trademark after you’ve asked them to stop, or if they’re clearly trying to profit from your brand recognition, you may need to take stronger legal action, such as filing a formal opposition or pursuing litigation.

How much does it cost to trademark a name?

Trademark costs can range from $350 to $5,000 or more for a typical single-class application with basic professional assistance. Complex applications or those requiring extensive legal help can cost $3,000 to $5,000 or more.

To trademark a name in the US, USPTO fees range from $350 to $850 per class of goods or services, depending on which application type you choose. The UK and Canada both charge over $200 per class for online application, and extra for each additional class.

EU trademark applications through EUIPO cost almost $1000 for one class, with reduced fees for additional classes.

The Madrid Protocol offers a cost-effective option for international trademark protection. WIPO charges over $800 as a base fee plus individual country designation fees, which is typically cheaper than filing separately in multiple jurisdictions.

Beyond basic registration fees, you might also face additional costs for professional trademark searches ($300 to $1,500) and attorney help with office action responses ($500 to $2,000) for complex cases.

Do you need a lawyer to trademark a name?

You don’t need a lawyer to trademark a name if your business name is unique, you’re only filing in one country and covering one or two classes of goods or services, and your trademark search didn’t turn up any potential conflicts.

Many trademark offices provide detailed guides and online resources to help you through the process. The application forms are generally straightforward, and if you’ve done your homework on searches and classification, filing can be relatively simple.

Lawyers can be helpful if you’re dealing with complex trademark issues, such as descriptive names, geographic terms, existing conflicts, or international filings across multiple countries.

Many businesses start by doing the initial application themselves, then bring in lawyers if complications arise. This can be a cost-effective approach if your situation is relatively straightforward.

You might also consider hiring a lawyer for consultation and strategic advice, then handling the actual filing yourself. A few hours of professional guidance upfront can help you avoid problems later.

What is the difference between the ™, SM, and ® symbols?

The difference between the ™, SM, and ® symbols is based on registration status and type of business: ™ is for unregistered trademarks on goods, SM is for unregistered trademarks on services, and ® can only be used for officially registered trademarks.

If you’re still in the application process, you can use ™ or SM until you receive your registration certificate.

The ™ symbol

The ™ symbol indicates that you’re claiming trademark rights in a word, phrase, or logo for goods. There’s no legal requirement to use the ™ symbol, but it serves as notice to others that you claim ownership of the trademark.

You can start using ™ as soon as you begin using your trademark in business, even before filing any applications.

The SM symbol

The SM symbol stands for service mark and works exactly like ™, but it’s specifically for services rather than goods.

Like ™, you can use the SM symbol without any government registration. It’s purely a way to let others know that you claim trademark rights in your service name or logo.

The ® symbol

The ® symbol is different from ™ and SM. You can only use ® after your trademark has been officially registered with a government trademark office. Using ® without actual registration is illegal in most countries and can result in fines or other penalties.

The ® symbol provides a stronger legal notice than ™ or SM because it indicates that your trademark has been examined and approved by a government office.

Is trademarking your business name worth it?

Yes, trademarking your business name is worth it if you plan to build lasting brand recognition.

Trademark registration gives you exclusive rights to your name, increases your business credibility, and can make your company more valuable to investors.

Plus, the cost of protecting your name upfront is almost always less than the cost of rebranding later or losing customers to competitors using similar names.

The strategic timing advantage

The best time to get trademark protection is before you actually need it. Waiting until your business takes off makes you vulnerable to competitors copying your name or existing trademark owners challenging you.

Building a comprehensive brand strategy

Trademark registration offers benefits beyond just legal protection. It makes your business more attractive to investors and buyers because it shows you’ve protected your brand assets.

Consider trademark registration part of a solid foundation for your business identity. And the more you grow with new products, new markets, and new deals, the more valuable your trademark becomes.

Your next steps

Do a comprehensive search of your proposed trademark, evaluate any potential conflicts, and decide whether the protection fits your budget and business strategy.

Remember, trademark rights generally go to whoever files first, so if you’re going to do it, do it now.

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