How to Trademark a Business Name in Delaware (2026)

Fact-checked by the LegalGlass editorial team against primary sources · Published Aug 6, 2026 · Last updated Aug 6, 2026

To trademark a business name in Delaware, you register it federally with the U.S. Patent and Trademark Office (USPTO) by filing a base application for $350 per class of goods or services, or you register a Delaware state trademark with the Secretary of State under Title 6, Chapter 33. Forming a Delaware LLC or corporation does not, by itself, create trademark rights in the name.

What "Trademarking a Name in Delaware" Actually Means

There is no single "Delaware trademark" that automatically protects your brand. A business name can be protected two different ways, and it is important not to confuse either of them with simply registering a company. When you file a Delaware LLC or corporation, the Delaware Division of Corporations checks that the entity name is distinguishable from other entities on file and reserves it in the corporate registry. That is a naming formality for the business record - it is not a trademark and gives you no right to stop competitors from using a similar brand on their goods or services.

A trademark, by contrast, is a word, name, phrase, or logo that identifies the source of goods or services in commerce. Rights flow from use of the mark, and registration strengthens and formalizes those rights. You have two registration systems available: the federal system run by the USPTO under the Lanham Act, which protects the mark across the entire United States, and the Delaware state system run by the Secretary of State, which covers use within Delaware. Most businesses that sell across state lines or online pursue federal registration. For the national overview, see our trademark hub and the general guide to how to trademark a name.

How to Federally Trademark a Business Name, Step by Step

Federal registration is the stronger and more common route. The process is handled entirely through the USPTO and centers on a per-class application. Each step below maps to a requirement of the Lanham Act or USPTO practice.

1. Confirm the name can function as a mark. The name must be distinctive - a coined, arbitrary, or suggestive term is registrable, while a generic term is not, and a merely descriptive term generally is not without proof of acquired distinctiveness. It must also identify goods or services you actually offer.
2. Search for conflicts. Search the USPTO database and Delaware records for identical or confusingly similar names in your field. Clearance searching is the single best way to avoid a likelihood-of-confusion refusal or a later dispute. Check the Delaware entity records as well.
3. Identify your goods or services and class. Trademarks are registered for specific goods and services grouped into international classes. The USPTO application fee is charged per class, so listing three classes multiplies the base fee by three.
4. File the USPTO application. File online through the USPTO Trademark Center and pay the $350-per-class base fee. You file based either on actual use in commerce or a bona fide intent to use the mark, and you submit a specimen showing the name used with your goods or services.
5. Respond to examination. A USPTO examining attorney reviews the application and may issue an office action raising refusals or requiring clarification. You must respond within the stated deadline or the application goes abandoned.
6. Publication, registration, and maintenance. If the mark clears examination it is published for opposition; absent a successful opposition, the USPTO issues a registration. You then keep it alive with periodic declarations of use and renewals.

Because timelines and procedures at the USPTO change, confirm current steps and deadlines on the USPTO's application pages before you file.

USPTO Trademark Fees (2026)

The core federal cost is the per-class application fee. Under the fee structure that took effect in January 2025, the USPTO replaced its older application options with a single base application fee plus surcharges that apply when an application is incomplete or uses custom wording. The table below summarizes the main federal fees; confirm exact current amounts on the USPTO fee schedule before filing, because they are set by the USPTO and change periodically.

Do not confuse these government fees with the prices charged by private filing services. The USPTO fee is the only amount you must pay the government to file a federal application; a free EIN from the IRS is separate and unrelated to trademarking.

Delaware State Trademark Registration

Delaware maintains its own trademark and service mark registry under Title 6, Chapter 33 of the Delaware Code, administered by the Secretary of State through the Division of Corporations. A state registration protects the mark for use within Delaware and can be useful for a business that operates only in-state and does not sell across state lines. Like federal registration, a Delaware state registration requires that the mark actually be used in connection with goods or services - you cannot register a name you are merely thinking about using.

To register, you file an application with the Secretary of State identifying the mark, the goods or services, the class, and the date the mark was first used in Delaware, and you pay the filing fee set by the Secretary of State. A Delaware registration runs for a fixed statutory term and can be renewed. Keep in mind that state registration does not give you the nationwide rights, the presumption of ownership, or the ability to use the ® symbol that federal registration provides. A separate Delaware business license from the Division of Revenue is required to operate in the state and is unrelated to trademark protection. For entity matters like your Delaware registered agent and DBA filing, see those guides.

Searching and Clearing the Name First

Clearance is the step most new owners skip, and it is where money is most often wasted. Before you invest in a brand, search the USPTO trademark database for identical and similar marks in your class, and search the Delaware business records and general web for names already in use. The legal standard the USPTO applies is likelihood of confusion: even a name that is not identical can be refused if consumers would likely confuse it with an existing mark for related goods or services.

A conflicting mark can block your application, force a costly rebrand, or expose you to an infringement claim, so a thorough search is worth the time. Remember that a name being available as an entity name in Delaware tells you nothing about whether it is available as a trademark - the two databases are entirely separate. This is also a good moment to secure a matching DBA or domain name if your brand strategy needs one.

™ vs. ® and Keeping the Registration Alive

The two trademark symbols mean different things. You may use the ™ symbol (or ℠ for a service) on any name you claim as a mark, whether or not it is registered - it simply signals that you assert rights. The ® symbol may be used only after the USPTO has federally registered the mark; using ® before registration is improper and can undercut your rights. A Delaware state registration does not authorize the federal ® symbol.

Federal registration is not permanent on its own. To keep it alive, you must file a declaration of continued use (Section 8) between the fifth and sixth years after registration, and combined declaration-and-renewal filings (Sections 8 and 9) every ten years. Miss those deadlines and the registration is cancelled or expires. Delaware state registrations likewise run for a set term and must be renewed with the Secretary of State. Because trademark rights ultimately depend on continued use, stopping use of the name can lead to abandonment regardless of registration. For related lifecycle topics, see our guides on forming an LLC, business tax, and dissolving a business.

Frequently Asked Questions

Can you trademark a business name in Delaware?

Yes. You can register the name federally with the USPTO for nationwide protection, or register a Delaware state trademark with the Secretary of State under Title 6, Chapter 33. Registration requires actual use of the name to identify goods or services.

How much does it cost to trademark a name?

The USPTO base application fee is $350 for each class of goods or services under the 2025 fee schedule, and surcharges can apply. A Delaware state trademark registration has a separate, generally lower fee set by the Secretary of State.

Does forming a Delaware LLC protect the name as a trademark?

No. Registering an LLC or corporation only reserves the name in the Delaware entity registry. Trademark rights come from using the name in commerce and registering it with the USPTO or the state, not from forming a company.

What is the difference between the ™ and ® symbols?

You may use ™ on any name you claim as a mark, even without registration. The ® symbol may be used only after the USPTO federally registers the mark. Using ® before registration is improper.

How long does a trademark registration last?

A federal registration lasts 10 years and can be renewed indefinitely if you file the required maintenance declarations under Sections 8 and 9. A Delaware state registration also runs for a fixed term and is renewable.

Should I file federally or with Delaware?

Federal USPTO registration protects the name across the United States and suits businesses selling in interstate commerce. A Delaware state registration only covers use within Delaware. Most growing businesses choose federal registration.

Related

• Trademark (cluster hub)
• How to trademark a name
• Trademark a business name in California (sibling)
• Trademark a business name in Texas (sibling)
• Trademark a business name in Florida (sibling)
• How to form an LLC in Delaware
• What is a DBA?

Sources

1. USPTO - What is a trademark? (trademark identifies the source of goods or services).
2. USPTO - Trademark process overview (application, examination, publication, registration).
3. USPTO - Apply for a trademark (filing online via the Trademark Center; use vs. intent-to-use).
4. USPTO - Trademark fees and payment information ($350 per-class base application fee and surcharges, 2025 schedule).
5. USPTO - Search trademark database (clearance searching).
6. USPTO - Trademark, patent, or copyright (™, ℠, and ® symbol use).
7. USPTO - Keeping your registration alive (Section 8 and Section 9 maintenance filings).
8. USPTO - Identifying goods and services (per-class filing; international classes).
9. Cornell Law LII - 15 U.S.C. § 1051 (application for registration; use and intent-to-use).
10. Cornell Law LII - 15 U.S.C. § 1058 (Section 8 continued-use declarations).
11. Cornell Law LII - 15 U.S.C. § 1127 (Lanham Act definitions of "trademark" and "use in commerce").
12. Delaware Code - Title 6, Chapter 33, Trademarks (state registration of trademarks and service marks).
13. Delaware Division of Corporations - About the Division of Corporations (Secretary of State entity and mark filings).
14. Delaware Division of Revenue - Business license and gross receipts tax (separate Delaware license to operate).
15. IRS - Get an Employer Identification Number (free EIN, separate from trademarking).

LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or trademark professional. Laws, fees, and procedures change; verify current requirements with the USPTO and the Delaware Secretary of State before acting.