how to trademark your business name
Trademarking your business name protects your brand from being copied or misused. It gives you exclusive legal rights to use that name for your products or services in your industry and region.
Here’s a simple step-by-step guide on how to trademark your business name:
™️ How to Trademark Your Business Name
✅ Step 1: Make Sure the Name Is Unique
Before filing, you need to make sure no one else is already using the same (or confusingly similar) name in your industry.
How to check:
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Search the USPTO database (in the U.S.): https://tmsearch.uspto.gov
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Google your business name
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Check domain name availability
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Search social media handles
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Look up state-level business registrations
📌 If the name is already trademarked, you’ll need to choose something else to avoid legal conflict.
✅ Step 2: Decide What to Trademark
You can trademark:
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Your business name (e.g., “Bright Coffee Co.”)
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Your logo
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A slogan or tagline
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A product or service name
📌 You may register more than one trademark, but each is a separate application and fee.
✅ Step 3: Identify the Right Trademark Class
The “class” defines what type of product or service your business offers.
Examples:
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Class 25 = Clothing
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Class 35 = Advertising and business services
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Class 41 = Education and training
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Class 43 = Food and drink services
📌 You can apply in multiple classes, but each class adds to your cost.
✅ Step 4: File with the Right Trademark Office
If you’re in the U.S., you file with the United States Patent and Trademark Office (USPTO).
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Go to: https://www.uspto.gov
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File online via the Trademark Electronic Application System (TEAS)
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Choose the TEAS Plus or TEAS Standard form
📌 Most small businesses use TEAS Plus ($250 per class).
✅ Step 5: Monitor and Respond
Once you apply:
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Your application is reviewed by a USPTO attorney (takes 6–9 months)
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You may be asked to clarify details or respond to objections
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If approved, your trademark is published for opposition (30 days)
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If no one opposes, it becomes officially registered
✅ Step 6: Maintain Your Trademark
After registration, you must:
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File maintenance documents (between years 5–6 and 9–10)
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Keep using the mark in commerce
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Defend it against infringement
📌 Failure to maintain can result in cancellation of your trademark.
💲 Trademark Cost Summary (U.S.):
| Item | Cost |
|---|---|
| USPTO filing (TEAS Plus) | $250 per class |
| USPTO filing (TEAS Standard) | $350 per class |
| Attorney fees (optional) | $300–$1,000+ |
| Maintenance filings | ~$125–$425 (after 5 years) |
🌐 Outside the U.S.?
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India: Apply via IP India – https://ipindia.gov.in
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Canada: Apply via CIPO – https://www.ic.gc.ca
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UK: Apply via UKIPO – https://www.gov.uk/apply-for-a-trade-mark
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Global protection: Use WIPO to file international trademarks under the Madrid Protocol – https://www.wipo.int
🧠 Trademark vs. Business Name Registration
| Registration Type | Purpose |
|---|---|
| Business name (DBA) | Required to operate under a trade name |
| Trademark | Protects your brand nationwide (or globally) |
📌 Registering a business doesn’t protect it as a trademark.
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