How to Trademark a Name: Steps, Costs, and Timeline

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

To trademark a name, search the USPTO Trademark Search, pick your class of goods or services, and file through the Trademark Center for $350 per class. After you file, a USPTO examining attorney reviews the application, it publishes for a 30-day opposition period, and then it registers. You keep the registration alive with maintenance filings every 10 years.

Who Should Trademark a Name, and When

Trademarking a name makes sense when a name identifies the source of goods or services you sell and you want nationwide legal protection for it. The USPTO registers names that function as source identifiers - brand names, product names, and service names - not generic terms. You can seek registration once you use the name in commerce, or file earlier on an intent-to-use basis if you have a bona fide intention to use it. Registering early reduces the risk that another business adopts a confusingly similar name first.

Filing early does more than reduce risk - it sets your priority date. Under 15 U.S.C. § 1057(c), the filing of an application on the Principal Register "shall constitute constructive use of the mark, conferring a right of priority, nationwide in effect," against later users. That constructive-use date is one of the strongest reasons to file sooner rather than later.

Registration is not mandatory. Limited common-law rights arise from use alone, but they are confined to your geographic trading area. Federal registration adds a nationwide presumption of ownership and the right to use the ® symbol. If you are deciding whether registration is worth it, see do I need to trademark my business name. If you specifically want to protect a company name, see how to trademark a business name.

What You'll Need Before You File

Gathering a few items before you start makes the application faster and reduces the chance of an office action. To file a name (a "word mark") you generally need:

• The exact name you want to protect, spelled and styled the way you use it.
• A clear description of your goods or services, matched to one or more classes.
• Your filing basis - current use in commerce, or intent to use.
• A specimen showing the name used with the goods or services, if filing on use (for example, a product label or a screenshot of a sales page).
• A verified USPTO.gov account, which the USPTO requires before you can file.

Step-by-Step: How to Trademark a Name

Step 1 - Search existing trademarks

Start by searching the USPTO Trademark Search system, which replaced the retired Trademark Electronic Search System (TESS) and is free at tmsearch.uspto.gov. Look for identical and similar marks used on related goods or services. The goal is to spot a "likelihood of confusion" that would lead an examining attorney to refuse your application. A thorough search before filing is the single best way to avoid losing the $350 fee on a name that was never registrable.

Step 2 - Identify your class of goods or services

Every trademark application is filed within one or more international classes. Use the USPTO Trademark ID Manual to select pre-approved descriptions that match what you actually sell. The base fee of $350 applies per class, per the USPTO fee schedule, so if your goods span two classes you pay two $350 fees. Choosing accurate descriptions from the ID Manual also avoids extra surcharges the USPTO applies to free-form text.

Step 3 - Choose your filing basis

Decide whether you are filing based on current use in commerce or intent to use. Under 15 U.S.C. § 1051, an applicant already using the mark files under § 1051(a) with a specimen, while an applicant with a bona fide intention to use it files under § 1051(b) and submits a statement of use later. Intent-to-use lets you claim a name before launch, but the mark does not register until you show actual use.

Step 4 - File through the Trademark Center

Log in with your verified USPTO.gov account and submit the base application through the Trademark Center, the online platform that became the primary filing system on January 18, 2025. Enter the mark, your goods and services and their classes, your filing basis, and your specimen if applicable, then pay $350 per class electronically. After you submit, the USPTO assigns a serial number you use to track the application.

Step 5 - Respond to the examining attorney

A USPTO examining attorney reviews the application for legal problems and conflicts. If there is an issue, the attorney issues an office action. According to the USPTO, you must respond within "three months of the issue date of the office action, or the application will be declared abandoned." Responding fully and on time is often the difference between registration and starting over.

One common office-action outcome is a refusal because the name is merely descriptive. If your name cannot qualify for the Principal Register, it may still be eligible for the Supplemental Register under 15 U.S.C. § 1091, which accepts marks that are capable of distinguishing goods or services but are not yet inherently distinctive. A Supplemental registration gives fewer benefits than the Principal Register, but it lets you use the ® symbol and can serve as a stepping stone once the name acquires distinctiveness.

Step 6 - Publication and opposition

Once the examining attorney approves the mark, it publishes in the Official Gazette. The USPTO gives "any party who believes it may be damaged by the registration" 30 days from the publication date to file an opposition. If no one opposes - or an opposition is resolved in your favor - the application moves toward registration.

Step 7 - Registration and maintenance

After the opposition window closes, the USPTO registers the mark and issues a certificate (for use-based applications) or a notice of allowance (for intent-to-use applications, which then require a statement of use). Registration is not permanent by itself: under 15 U.S.C. § 1058 you must file a declaration of continued use between the fifth and sixth year, and renew under 15 U.S.C. § 1059 between the ninth and tenth year and every ten years after.

Costs and Fees

The government fee to trademark a name is charged per class, and maintenance filings carry their own fees later. The table lists the core USPTO fees, per the fee schedule effective January 19, 2025.

These are USPTO fees only; attorney fees, if you hire one, are separate. Because a name in two classes costs $350 twice, class selection is a real cost decision. For a full breakdown, see how much does it cost to trademark a name.

Processing Time and What to Expect

Trademarking a name is a multi-month process, not an instant grant. After you file, the application waits in a queue before an examining attorney reviews it; an office action, if issued, adds a response cycle; and even a clean application must sit through the 30-day opposition period after publication before it registers. Because USPTO pendency changes over time, check the current first-action and total-pendency figures on the agency's data dashboard rather than relying on a fixed estimate. During the wait, you can use the ™ symbol to signal your claim; the ® symbol is only permitted after registration.

After You Register: Keeping the Mark Alive

A registered trademark is an asset you have to maintain. The USPTO warns that failure to file the required maintenance documents "will result in cancellation or expiration of the registration." Keep using the name in commerce, monitor for infringers, and calendar the two deadlines that matter most: the Section 8 declaration of continued use between years five and six, and the Section 9 renewal between years nine and ten (and every decade after). Using the ® symbol matters too - under 15 U.S.C. § 1111, a registrant who fails to give notice may be barred from recovering profits or damages unless the infringer had actual notice of the registration.

What Happens If You Get It Wrong

Mistakes have concrete consequences. Miss the three-month deadline to answer an office action and the application is declared abandoned, forfeiting the fee. Choose the wrong class and your rights may not cover what you actually sell. File a name that conflicts with an existing mark and the examining attorney refuses it for likelihood of confusion. And once registered, skip a maintenance filing and the registration is canceled - forcing you to start a new application and lose your original filing date. Careful searching and calendaring prevent nearly all of these outcomes.

How to Withdraw, Amend, or Abandon an Application

If your plans change, you can expressly abandon a pending application through the Trademark Center, or simply let it go abandoned by not responding to an office action - though the fees already paid are not refunded. Minor corrections to an application, such as clarifying the description of goods, are made by filing the appropriate amendment form with the USPTO. Some changes are not allowed after filing, such as materially altering the mark itself, so it is worth getting the application right before you submit.

Frequently Asked Questions

How much does it cost to trademark a name?

The USPTO base application fee is $350 per class of goods or services filed electronically through the Trademark Center, effective January 19, 2025. Two classes means $350 twice. See the full cost breakdown.

How long does it take to trademark a name?

Registration typically takes many months. A new application waits before first review, office actions add time, and after approval the mark publishes for a 30-day opposition period. Check current pendency on the USPTO dashboard.

Do I have to hire a lawyer to trademark a name?

U.S.-domiciled applicants are not required to hire an attorney, though the USPTO recommends one. Applicants domiciled outside the United States must be represented by a U.S.-licensed attorney.

Can I trademark a name that is already in use?

Not if it is confusingly similar to an existing mark for related goods or services. The examining attorney searches for likelihood of confusion and refuses conflicting names.

What is the difference between filing on use and intent to use?

A use-based application means you are already selling under the name and submit a specimen. An intent-to-use application means you plan to use it; you file first and submit a statement of use with a specimen before it registers.

How long does a registered trademark last?

Indefinitely, if maintained. File a Section 8 declaration between years five and six and renew under Section 9 every 10 years. Missing a filing cancels the registration.

Related Guides

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

Sources

1. USPTO - Apply for a trademark (Trademark Center filing since Jan 18, 2025; USPTO.gov account required).
2. USPTO - Search trademarks (Trademark Search replaced TESS; free; why to search for likelihood of confusion).
3. USPTO - What is a trademark? (names/logos/slogans identifying goods or services).
4. USPTO - Trademark process (office action 3-month response; 30-day opposition; maintenance or cancellation).
5. USPTO - USPTO fee schedule ($350 base per class; $325 Section 8/9; +$100 grace; effective Jan 19, 2025).
6. Cornell LII - 15 U.S.C. § 1051 (application; use vs. intent-to-use bases).
7. Cornell LII - 15 U.S.C. § 1058 (Section 8 declaration of continued use).
8. Cornell LII - 15 U.S.C. § 1059 (Section 9 renewal in 10-year terms).
9. Cornell LII - 15 U.S.C. § 1111 (registration notice; ® symbol; recovery limits without notice).
10. Cornell LII - 15 U.S.C. § 1127 (statutory definition of a trademark).
11. USPTO - Trademark rights (use in commerce; common-law vs. federal rights).
12. USPTO - Why register your trademark (nationwide presumption; ® symbol; federal court).

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.