How to Trademark a Business Name: Steps and Costs

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

To trademark a business name, confirm it is distinctive, search the USPTO, and file through the Trademark Center for $350 per class. A business name registers as a trademark only when it identifies the source of goods or services - forming an LLC or filing a DBA registers a name with a state but is not trademark protection. Distinctive names register far more easily than descriptive ones.

When a Business Name Can Be Trademarked

A business name can be trademarked when it functions as a source identifier for goods or services, not merely as the legal name of your company. The USPTO protects names that customers use to distinguish your products from everyone else's. A name printed on packaging, used on a storefront, or shown on a sales website is acting as a trademark; a name that appears only in your incorporation paperwork is not. That distinction is why the same words can be both your entity name at the state level and your trademark at the federal level - but only the trademark gives you nationwide brand rights.

You can apply once you use the name in commerce, or earlier on an intent-to-use basis under 15 U.S.C. § 1051(b) if you have a bona fide intention to use it. For the general procedure that applies to any word mark, see how to trademark a name.

Business Name vs. Entity Name vs. DBA

Three different filings are commonly confused with a trademark, and none of them is one. Knowing the difference prevents a costly false sense of security.

Forming an LLC stops another company from registering the identical entity name in that same state, but it does not stop a business in another state - or a business selling different products - from using your name as a brand. A DBA is only a public-notice filing. If you want exclusive rights to a brand name, a trademark is the tool. This is also the core of do I need to trademark my business name.

The nationwide reach of a federal trademark is what state filings cannot match. Under 15 U.S.C. § 1057(c), filing a trademark application on the Principal Register "shall constitute constructive use of the mark, conferring a right of priority, nationwide in effect" as of the filing date. An entity or DBA filing gives you nothing comparable outside the single jurisdiction where it is recorded, which is why two businesses can hold the same entity name in different states yet only one can own the federal trademark.

Distinctiveness: Which Business Names Register

Distinctiveness decides whether a business name can be registered at all. Trademark law ranks names on a spectrum of strength, and the USPTO encourages choosing a "strong" mark that is easier to protect. From strongest to weakest:

• Fanciful - an invented word with no meaning (the strongest; easiest to register).
• Arbitrary - a real word unrelated to the product (a fruit name for electronics).
• Suggestive - hints at a quality without describing it (still inherently distinctive).
• Descriptive - directly describes the goods; registrable only with acquired distinctiveness.
• Generic - the common name for the product; never registrable.

Merely descriptive and deceptively misdescriptive names are refused under 15 U.S.C. § 1052(e) unless they have acquired distinctiveness - "secondary meaning" - through substantial use. Section 1052 also bars registration of a name that so resembles an existing mark that it is likely to cause confusion. In short, the more your business name looks like the words everyone in your industry uses, the harder it is to trademark.

Principal Register vs. Supplemental Register

If your business name is merely descriptive, the USPTO may refuse it on the main register but allow it on a second register. The Principal Register is the primary federal register and carries the full benefits of registration - the nationwide presumption of ownership, constructive use priority, and the strongest enforcement position. The Supplemental Register, under 15 U.S.C. § 1091, accepts marks that are "capable of distinguishing" an applicant's goods or services but are not yet inherently distinctive, such as descriptive business names. A Supplemental registration still lets you use the ® symbol and appear in USPTO records, but it lacks the Principal Register's presumptions.

A descriptive name can move to the Principal Register later once it acquires distinctiveness - "secondary meaning" - through substantial and continuous use, under 15 U.S.C. § 1052(f). For a business choosing a name today, the simplest way to reach the Principal Register is to pick a distinctive name from the start.

Step-by-Step: How to Trademark a Business Name

Step 1 - Confirm the name is distinctive

Place your name on the distinctiveness spectrum before spending anything. A fanciful, arbitrary, or suggestive name is inherently distinctive and registrable; a merely descriptive name faces a refusal under § 1052(e); a generic name cannot be registered at all. Fixing a weak name now is far cheaper than a refusal later.

Step 2 - Search the USPTO database

Search the USPTO Trademark Search system, which replaced the retired TESS and is free, for identical and similar names on related goods or services. A conflicting prior mark is the most common reason a business-name application is refused for likelihood of confusion, so search before you file.

Step 3 - Identify your class of goods or services

Select the international class or classes that describe what your business actually sells, using the USPTO Trademark ID Manual. The base fee of $350 applies per class, per the USPTO fee schedule. A business that sells goods in one class and services in another pays two fees.

Step 4 - File through the Trademark Center

Log in with a verified USPTO.gov account and file the base application through the Trademark Center. Decide whether to file the business name as a word mark - which protects the name in any font - or a design mark tied to a specific logo. For the name itself, a word mark gives the broadest coverage. Pay $350 per class and choose your filing basis.

Step 5 - Examination, publication, and registration

A USPTO examining attorney reviews the application and may issue an office action, which you must answer within three months of the issue date. If approved, the mark publishes in the Official Gazette for a 30-day opposition period, after which the USPTO registers it. Keep the registration alive with a Section 8 declaration between the fifth and sixth year under 15 U.S.C. § 1058 and a Section 9 renewal every 10 years.

If you file on a use basis, be ready to submit a specimen - real-world evidence that the business name is used with the goods or services, such as a product label, packaging, or a screenshot of a sales page. A mock-up or a business card that merely names the company is generally not an acceptable specimen. Filing the name as a word mark also means your specimen must show the name functioning as a brand, not just as your corporate identity in fine print.

Costs and Fees

The government cost to trademark a business name is charged per class, with separate maintenance fees later. These are the core USPTO fees from the fee schedule, effective January 19, 2025.

Entity and DBA filings carry their own separate state fees, but those pay for name registration, not brand protection. For the complete picture including optional attorney costs, see how much does it cost to trademark a name.

After Registration and Ongoing Protection

A registered business name is a maintainable asset. Continue using the name in commerce, watch for confusingly similar names entering your market, and calendar the Section 8 and Section 9 deadlines - the USPTO cancels registrations that are not maintained. Once registered, you may use the ® symbol; before then, use ™. Under 15 U.S.C. § 1111, giving notice with ® preserves your ability to recover profits and damages from infringers.

Common Mistakes with Business-Name Trademarks

• Assuming an LLC or DBA is a trademark. Entity and assumed-name filings register a name with a state; they grant no federal brand rights.
• Choosing a descriptive name. Names that describe the product are refused under § 1052(e) absent secondary meaning.
• Skipping the clearance search. A prior confusingly similar mark triggers a refusal you could have foreseen.
• Filing in the wrong class. Rights cover only the goods or services you claim, so class choice defines your protection.
• Registering only a logo. A design mark protects that logo, not the name in other forms; a word mark protects the name itself.

Frequently Asked Questions

Is registering an LLC the same as trademarking a business name?

No. Forming an LLC or corporation registers your entity name with one state so no other entity uses it there. It does not create a federal trademark or stop others from using the name as a brand.

Can I trademark my business name if it just describes what I do?

Usually not on the main register. Merely descriptive names are refused under 15 U.S.C. § 1052(e) unless they acquire distinctiveness. Fanciful, arbitrary, and suggestive names register far more easily.

How much does it cost to trademark a business name?

The USPTO base fee is $350 per class filed electronically through the Trademark Center, effective January 19, 2025. Selling across two classes means $350 twice. Attorney fees are separate.

Do I need to register a DBA before I trademark a business name?

No. A DBA lets you operate under a name but is not a trademark and grants no exclusive brand rights. You can apply based on your use in commerce, DBA or not.

Can two businesses have the same name?

Yes, if they operate in unrelated fields where customers are not likely to be confused. Trademark rights attach to a name used with specific goods or services.

Should I trademark my business name or my logo?

Many businesses do both. A word-mark application protects the name in any font; a design-mark application protects the specific logo. The word mark gives the broadest protection for the name itself.

Related Guides

• How to trademark a name
• How to trademark a logo
• How much does it cost to trademark a name?
• Do I need to trademark my business name?
• What does the TM symbol mean?
• Trademark vs. copyright · Patent vs. trademark
• How to form an LLC
• Trademark hub · Trademark (glossary)

Sources

1. USPTO - What is a trademark? (names identifying the source of goods/services).
2. USPTO - Strong trademarks (distinctiveness spectrum; fanciful/arbitrary/suggestive vs. descriptive/generic).
3. USPTO - Apply for a trademark (Trademark Center filing; USPTO.gov account; word vs. design marks).
4. USPTO - Search trademarks (Trademark Search replaced TESS; free; clearance search).
5. USPTO - Trademark process (office action 3-month response; 30-day opposition; maintenance or cancellation).
6. USPTO - USPTO fee schedule ($350 base per class; $325 Section 8/9; effective Jan 19, 2025).
7. Cornell LII - 15 U.S.C. § 1051 (application; use vs. intent-to-use).
8. Cornell LII - 15 U.S.C. § 1052 (bars to registration; descriptiveness; likelihood of confusion; acquired distinctiveness).
9. Cornell LII - 15 U.S.C. § 1058 (Section 8 declaration of continued use).
10. Cornell LII - 15 U.S.C. § 1111 (registration notice; ® symbol; recovery limits).
11. Cornell LII - 15 U.S.C. § 1127 (statutory definition of a trademark).
12. USPTO - Why register your trademark (nationwide presumption vs. limited common-law rights).

LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney. This page is information, not advice. Trademark rules, forms, and fees change; verify current requirements with the USPTO before acting.