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Trademark your business name (basics)

How to protect your brand name in the US, and when it's worth doing.

8 min read·7 steps
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  1. Check availability at USPTO first

    Go to tmsearch.uspto.gov, search your exact name and close variants. If a match exists in the same category, you may not be able to trademark. Common names get taken quickly.

  2. Understand: name vs logo trademark

    You can trademark: 1) the word/name itself (strongest), 2) the logo design, 3) both separately. Word marks protect the name regardless of how it's written; logo marks only protect the specific visual.

  3. Pick the right 'class' (there are 45)

    Trademarks are filed under classes matching your goods/services. Software = class 9, apparel = class 25, restaurant = class 43. Pick every relevant class, each costs $250 to $350.

  4. File yourself OR use LegalZoom / trademark attorney

    DIY via uspto.gov: $250 to $350 per class. LegalZoom / Trademark Engine: $500 to $700 including some checks. Attorney: $1000 to $2000. Attorneys catch issues DIY filers miss.

  5. Expect 8 to 12 months to approval

    USPTO reviews take time. They may issue an 'office action' requesting clarification. Reply promptly. Once approved, publish in the Official Gazette for 30 days (anyone can oppose).

  6. Use TM (or R) correctly

    Before registration approved: use ™. After registration approved: use (R). Wrong usage of (R) before approval is technically illegal, don't.

  7. Trademark early, not late

    Once your name is widely used, contested trademarks get messy and expensive. File within 6 months of launch, ideally sooner.

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