How to trademark a business name
Forming a company and trademarking its name are separate filings. Here is how the business name, the trade name and the trademark relate, and how to file the one that protects the brand.
You can trademark a business name when you use it to sell goods or services under that name. The filing is made with the USPTO and is separate from forming a company or registering a trade name with your state, so a business name needs its own search and its own application.
Three names, three records
| Name | What it is | Where it is recorded | Brand rights across the US |
|---|---|---|---|
| Entity name | The legal name of the LLC or corporation | The state of formation | No |
| Trade name or DBA | A name you operate under that differs from the entity name | A state, county or city office, depending on where you are | No |
| Trademark | The name as customers see it on goods or services | The USPTO | Yes, once registered |
When a business name works as a trademark
A name works as a trademark when customers treat it as the sign of who stands behind the goods or services. That happens on a storefront, a website header, an invoice, a product label or a delivery box. A name that appears only in legal paperwork, or only in a line of small print, gives an examiner less to go on.
Names that tend to meet resistance
Some business names run into trouble at examination.
- A name that describes what you sell, such as "Quick Plumbing Repair" for a plumber, may be refused as descriptive.
- A name that is mainly a person's surname can need extra evidence.
- A name that looks or sounds like a registered mark for related goods or services can be refused for likely confusion.
- An invented or unusual name is often easier to register than a plain description of the product.
None of these is a final answer. Each depends on the facts and on how the examiner reads them. A search before filing shows which risks apply to your name.
Decide which name you are protecting
Many businesses have a legal name and a shorter name that customers use. Suppose a company is registered as Harbor Lane Holdings LLC and sells coffee as Harbor Lane Coffee. The brand customers recognise is the second one, and that is the name to file. Entity endings such as LLC can usually be left out of the mark.
Who should own the application
The applicant should be the person or company that owns the brand and controls how it is used. If a company runs the business, the company is normally the applicant, not the founder personally. An application filed in the wrong owner's name can be challenged later, so settle the owner before filing. If you are weighing the entity against the brand, our trademark vs LLC guide compares them.
How to file it
- Search the name, using our free trademark search.
- List what you sell and match it to a class. The classes guide shows how.
- Confirm the owner and the exact spelling you use as a brand.
- Gather a sample of the name in use, such as a label, a web page showing goods for sale, or a photo of signage.
- File with the USPTO. The base fee is $350 per class.
The full sequence, from review to registration, is laid out in how to trademark a name.
Do you need to file at all?
That depends on how far the name travels and how much depends on it. A business trading in one town under a name no one else uses has different needs from one selling online across the country. Our guide on whether you need to trademark your business name walks through the cases. When you are ready to file, register a trademark shows how we handle it with a US attorney.
Talk to us: Call +1 (619) 782-6859 or email hello@argostrademark.com
This is general information, not legal advice.