How to trademark a name

A trademark is a word, name, symbol, slogan, or combination thereof that identifies the source of goods or services and distinguishes them from competitors. Registering a trademark with the U.S. Patent and Trademark Office (USPTO) gives you nationwide rights and public notice of your ownership. ^[1][2] **Step 1 — Determine if your name is protectable ^[1] Not all names qualify for trademark protection. Names fall on a spectrum of distinctiveness: - Arbitrary or fanciful marks (e.g., "Apple" for computers, "Kodak") — strongest protection - Suggestive marks (e.g., "Netflix") — protectable - Descriptive marks — only protectable if they have acquired secondary meaning - Generic terms — never protectable Before filing, conduct a trademark search in the USPTO's free TESS database** (tmsearch.uspto.gov) to ensure your name doesn't conflict with existing marks. ^[2] **Step 2 — File a trademark application with the USPTO ^[2][3] You can file through the USPTO's Trademark Electronic Application System (TEAS) at www.uspto.gov/trademarks. You will need: - The exact mark you want to protect - The goods or services it will identify (classified using the Nice Classification system) - Whether you are filing based on current use in commerce (use-based application) or intent to use (ITU application) - A specimen showing the mark in use (for use-based applications) Fees vary by application type and number of classes. As of 2025, TEAS Plus applications cost $250 per class and standard TEAS applications cost $350 per class**. ^[3] **Step 3 — The examination process ^[2] After filing, a USPTO examining attorney reviews your application (typically 3–6 months). If approved, the mark is published in the Official Gazette for 30 days for opposition. If no opposition is filed, the mark is registered. The entire process typically takes 8–12 months for use-based applications. Common law rights** Even without federal registration, you acquire common law trademark rights by actually using a mark in commerce. However, federal registration provides significantly stronger protections, including the right to use the ® symbol and the ability to record the mark with U.S. Customs to block infringing imports. ^[1] *Consult a trademark attorney before filing to avoid costly mistakes, especially if your mark is borderline or in a crowded field.*