How to Trademark a Brand Name: A Founder's Guide to the USPTO Process

Every naming project we run starts with the same question: can you actually own this name? A brand name is only an asset if it's legally yours. Here's the process US startups follow, in plain English. (This is general information, not legal advice — for anything beyond the basics, use a trademark attorney.)

What a trademark actually protects

A trademark protects the name, logo, or tagline that identifies your goods or services in the market — so competitors can't use confusingly similar marks. Registration is organized by classes: one class might cover software (class 9), another clothing (class 25). You file in every class where you actually do business, and each class adds a filing fee.

Step 1: run a real clearance search

Before you fall in love with a name, check three places:

• USPTO database (TESS): search for identical and similar marks in your classes. Similarity — not just exact matches — kills applications.
• Google, app stores, and social handles: unregistered marks still have common-law rights in the regions where they're used.
• Domains: a matching .com isn't a legal requirement, but a squatter on your name is a business problem.

This is also where our startup naming checklist earns its keep — clearance should happen before design, not after.

Step 2: choose a name you can register

The USPTO grades names on a distinctiveness spectrum: generic ("The Coffee Shop") — unprotectable; descriptive ("Speedy Delivery") — almost always refused; suggestive ("Netflix") — protectable; arbitrary ("Apple" for computers) — strong; fanciful (invented words like "Kodak") — strongest. The more descriptive your name, the harder the road. This is why we push founders toward suggestive or invented names.

Step 3: file the application

File through the USPTO's TEAS system — TEAS Plus costs about $250 per class (fees change, so check current rates). Two filing bases matter:

• Use in commerce: you're already selling under the name. You submit a specimen (packaging, website screenshot) proving it.
• Intent to use: you plan to launch. You reserve the name now and prove use later — this is how startups file before launch.

Step 4: survive the process

After filing, an examining attorney reviews the application. Expect office actions — formal objections you must answer, most commonly "likelihood of confusion" with an existing mark or "merely descriptive." If you clear examination, the mark publishes for a 30-day opposition window, and then — if all goes well — you get your registration. Realistic timeline: 8–12 months or more, longer if office actions pile up.

What gets applications rejected

• Likelihood of confusion — a similar mark in a related class. The #1 killer.
• Merely descriptive — the name just describes what you sell.
• Bad specimens — mockups and business cards don't count as proof of use.
• Wrong classes — filing in classes where you have no real business.

What about international protection?

A US registration protects you in the US only. If you plan to sell abroad, you can extend protection through the Madrid Protocol — one international application covering 130+ member countries, based on your US filing. It's cheaper than filing country by country, but each country's office still examines the mark. For most early-stage startups, the right move is: file in the US first, then expand internationally once a market proves itself.

After the ®: keeping it alive

Registration isn't permanent by default. In the US you file a declaration of use between years 5–6, then renew every 10 years. Use the mark consistently — the exact name, the exact logo — because what you don't use, you can lose.

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