How to trademark a name

To trademark a name, you search USPTO records for conflicts, choose the class that matches what you sell, file an application with the USPTO, answer any objections from the examiner, and wait through public notice. Whether the name is registered depends on that review, so the steps below improve your position without promising an outcome.

The six steps at a glance

Step	What happens	What you bring
1. Search	You look for identical and similar marks on record	The name and a plain description of what you sell
2. Choose the class	You match your goods or services to a class	A list of what you offer now and soon
3. File	You submit the application and pay the fee	Owner details, a description, and a sample of use if the name is already in use
4. Respond	You answer any objections from the examiner	A reply by the deadline in the notice
5. Publication	The mark is published so others can object	Usually nothing
6. Registration	The USPTO issues the registration	A calendar of later maintenance dates

Step 1: Check the name before you file

Search for similar names as well as identical ones. An examiner can refuse a name that is confusingly similar to an earlier mark for related goods or services. A name that looks free in a web search may still conflict with a mark on the federal register. Our free name search checks the name against USPTO records before you spend anything.

Step 2: Choose the class

Every application names the goods or services the mark covers, and each one falls into a numbered class. The Nice classification has 45 classes, with 1 to 34 for goods and 35 to 45 for services. A name used on a product and on a related service may need more than one class. Our trademark classes guide explains how to match your business to the right ones.

Step 3: Say whether you are using the name yet

If you already sell under the name, you file on the basis of use and supply a sample showing the name on your goods, packaging or advertising. If you plan to launch later, you can file on the basis of intent to use. That route adds a filing after approval, once you begin selling. The statement of use page covers it.

Step 4: File and pay the fee

The application lists the owner, the name, the class and a description of the goods or services. The USPTO base fee is $350 per class. A description outside the USPTO's pre-approved wording can cost more. We give you a total up front, so the USPTO fee and our fee appear together before you decide.

Step 5: Answer objections

An examining attorney reviews the application. Recent USPTO data shows an average wait of about 5.6 months to a first review. If the examiner raises an issue, the notice is called an office action. The response is due within three months, extendable once for a fee. Common issues include a name that describes the product too closely, a conflict with an earlier mark, or a sample that does not show the name working as a brand. Our office action response page explains how we handle these.

Step 6: Publication and registration

An application that clears review is published so that others can oppose it. If no one does and no further filing is due, the USPTO registers the mark. Recent USPTO data puts the average at about 11.7 months from filing to a final outcome. Individual applications can run faster or slower, and our timeline guide shows what moves the date.

Pick the guide that matches your name

Different kinds of marks raise different questions. If the name is your company's, read how to trademark a business name. If you also have artwork, read about a logo. Words that read as a saying are covered under phrases, and a tagline that sits beside your name is covered under slogans. To see how we run the whole process, start at register a trademark.

This is general information, not legal advice.