How to Trademark a Name: Searching, Applying, What It Costs, and How Long It Takes

To trademark a name in the United States, you first identify the goods or services the name will be used with and search for similar federal, state and common-law uses. The mark's owner then files a federal application with the U.S. Patent and Trademark Office (USPTO) through Trademark Center (opens in a new tab), naming the filing basis, the goods or services, the international classes, the applicant's information and any required specimens. The USPTO's base application fee is $350 per class (opens in a new tab) for qualifying applications, effective January 19, 2025, and additional fees can apply. An examining attorney reviews the application, may issue an office action, publishes approved marks for opposition, and registers eligible marks. None of that is the same as forming an LLC, filing an assumed name, registering a domain or claiming a copyright; each of those is a separate system.

Is the name a trademark, or something else?

A trademark is a word, phrase, symbol, design or combination that identifies and distinguishes goods or services and points to their source, according to the USPTO (opens in a new tab). A service mark does the same job for services. Several other rights sound similar but work differently:

• Copyright protects original works such as writing, music, photographs, visual art and software. The U.S. Copyright Office (opens in a new tab) says names, titles, slogans and short phrases are not protected by copyright, although an artistic logo may carry separately protectable expression. Its FAQ on what copyright protects (opens in a new tab) says copyright does not protect domain names either.
• Patents protect qualifying inventions, processes, designs or plant varieties, not a brand name.
• Entity names and assumed names identify a legal entity or an operating name in state filing systems. The Texas Secretary of State (opens in a new tab) says that filing formation documents or an assumed name certificate does not create rights to use a name in commerce or prevent another trademark registration.
• Domain names are internet addresses. Registering one does not create trademark rights; see choosing a domain name for a new business (opens in a new tab) for the checks to run before you register.

The USPTO's explanation of why to register (opens in a new tab) describes three layers of protection. Use alone can create common-law rights in the area where the mark is used, and those rights may be limited geographically. State registration generally operates within the registering state. Federal registration adds nationwide statutory effects, public notice, a legal presumption of ownership and exclusive right to use for the listed goods or services, and the right to bring a federal court action concerning the mark. The USPTO is not an enforcement agency, so the owner is responsible for enforcing a mark.

Do you need an LLC before you file?

No. The USPTO's Rockin' your trademark page (opens in a new tab) says an individual can apply as the individual owner, and that the application should identify the person who owns the mark. The application can name an individual, joint owners, a sole proprietorship, a partnership, a corporation, an LLC or another qualifying owner. What matters is that the applicant matches the facts the application represents.

Ownership works slightly differently by filing basis. For a use-based application, 15 U.S.C. §1051(a) (opens in a new tab) requires a verified statement that the applicant believes it is the owner of the mark. For an intent-to-use application, the applicant must have a bona fide intention to use the mark in commerce, and the USPTO says an application filed by a party without that intent is void. The Trademark Manual of Examining Procedure (TMEP), Chapter 1200 (opens in a new tab) covers ownership in §1201.

If you are also deciding whether to form a company, the Counselado legal guides cover starting an LLC; that filing and a trademark filing answer different questions.

How do you search before filing?

A search should go beyond the federal database. It can include:

• The USPTO Trademark Search (opens in a new tab) system for federal applications and registrations.
• Similar spellings, pronunciations, meanings, translations, designs and wording.
• Related or commercially connected goods and services, not only identical products.
• The relevant state trademark register.
• State entity and assumed name records.
• Internet uses, marketplace listings, business directories and industry publications.

The USPTO says its federal database does not include every party that may hold common-law rights, which is why it encourages searching the internet, state databases and business-name databases as well. The Texas Secretary of State says it does not search county assumed name records, entity names, phone books, the internet or other common-law uses when it examines a state application.

What can prevent registration?

Under 15 U.S.C. §1052 (opens in a new tab), the USPTO can refuse a mark for several reasons. These are legal standards, and they do not tell you whether a particular name will be registered.

• Likelihood of confusion. Section 2(d) asks whether the marks are similar enough, used with the identified goods or services, that consumers may be confused about source, sponsorship, affiliation or connection. TMEP §1207.01 (opens in a new tab) explains the test, and the examining attorney searches federal records for conflicting registered and pending marks.
• Generic terms. A generic term is understood mainly as the category of goods or services and is not registrable. See TMEP §1209.01(c) (opens in a new tab).
• Merely descriptive terms. A term that immediately describes an ingredient, quality, characteristic, function, feature, purpose or use of the goods or services may need acquired distinctiveness for the Principal Register, or may be considered for the Supplemental Register when that is legally available. See TMEP §1209 (opens in a new tab).
• Deceptively misdescriptive terms. A term that misdescribes the goods or services in a way consumers would likely believe. See TMEP §1209.04 (opens in a new tab).
• Deceptive matter. Section 2(a) is an absolute bar to registration of deceptive matter on either register, and TMEP Chapter 1200 (opens in a new tab) addresses it.
• Primarily merely a surname. Section 2(e)(4) of the same statute addresses matter that is primarily merely a surname, and TMEP Chapter 1200, linked above, explains how examining attorneys apply it.

Which federal filing basis applies?

The USPTO filing basis page (opens in a new tab) describes the options. Section 1(a) is for a mark already used in commerce. Section 1(b) is for an applicant with a bona fide intent to use the mark in commerce, which is how a business planning a launch can file before it sells anything. Section 44 is based on a foreign application or registration, and Section 66 is an extension of protection under the Madrid Protocol. A Section 1(b) application can lead to a notice of allowance, but registration requires a later statement of use or a permitted extension.

What goes into the federal application?

The USPTO's base application requirements (opens in a new tab) cover the fields, and the process runs roughly like this:

1. Identify the owner or applicant, including a domicile address and citizenship or entity information.
2. Select the filing basis.
3. Identify the mark format, such as standard characters or a stylized or design mark (see how to trademark a logo as a design mark (opens in a new tab)).
4. Identify the goods or services and classify each in the applicable international class (opens in a new tab).
5. Prepare specimens and dates of use when they are required.
6. Create or access a verified USPTO.gov account and file in Trademark Center.
7. Pay the application fee and any additional fees.

The USPTO's fee schedule, effective January 19, 2025 and last revised August 14, 2026, lists these figures. They are dated official fees and do not add up to a prediction of any one person's total cost.

What happens after you file, and how long does it take?

After filing, the application goes through pre-examination processing and then to an examining attorney. Under 15 U.S.C. §1062 (opens in a new tab), if the examining attorney finds the mark registrable, the mark is published for opposition. If not, the attorney sends an office action explaining the problem and the response needed. During the opposition window, a person who believes registration would damage them can oppose within 30 days after Official Gazette publication, with statutory extension options under 15 U.S.C. §1063 (opens in a new tab). A use-based application that stays entitled to registration can proceed to registration. An intent-to-use application receives a notice of allowance first.

USPTO data on its application timeline page (opens in a new tab), updated August 10, 2026, reported these averages:

• 4.2 months from filing to the first examining action
• 9.7 months from filing to registration or abandonment
• 116 days of pre-examination processing for TEAS filings and 78 days for Madrid applications
• 198 days for intent-to-use extension requests
• 73 days for statements of use filed on or before June 23, 2026

These are averages and targets, not guarantees or deadlines for an individual application.

What must happen after registration?

Registration is not the end of the paperwork. According to the USPTO's maintenance page (opens in a new tab) and the statutes:

• Section 8 declaration: due between the fifth and sixth anniversaries of registration under 15 U.S.C. §1058 (opens in a new tab).
• Section 15 declaration: optional, available after five consecutive years of continuous use, under 15 U.S.C. §1065 (opens in a new tab).
• Combined Sections 8 and 9 filing: due between the ninth and tenth anniversaries, and every ten years after that.
• Section 9 renewal: may be filed during the one year before each ten-year period ends, with a six-month grace period after expiration under 15 U.S.C. §1059 (opens in a new tab). The USPTO describes a six-month grace period for certain filings with additional fees.

What does Texas registration involve?

The Texas Secretary of State administers state trademarks and service marks under Texas Business and Commerce Code chapter 16 (opens in a new tab). The Secretary of State's trademark materials (opens in a new tab) set these terms:

• The mark must already be in use in Texas before the application date.
• A goods mark requires use on the goods, their containers or point-of-sale displays connected with goods sold, displayed for sale or distributed in Texas.
• A service mark requires display in Texas in connection with selling or advertising the services, and performance of the services in Texas.
• The mark must be distinctive and must not be likely to cause confusion, mistake or deception with a mark registered in Texas or with the USPTO.
• Filing is online through the Texas Trademarks Online System, using Form 901 (opens in a new tab).
• The fee schedule (opens in a new tab) lists $50 per class for an application and $25 per class for renewal. Registration lasts five years and can be renewed.

Texas says a certificate of registration is prima facie evidence of validity, ownership and the exclusive right to use the mark in Texas for the relevant goods or services, subject to the statute. Texas registration is distinct from federal registration, and the USPTO says it does not authorize use of the ® symbol.

California gives a second example. The California Secretary of State administers its register, uses Form TM-100 (opens in a new tab), and lists a $70 fee per classification code per mark. A California registration is active for five years and can be renewed for another five.

When can you use TM, SM and ®?

The USPTO says TM can be used for goods and SM for services without any federal registration. The ® symbol can be used only after federal registration, and only with the goods or services the registration covers.

Do you need an attorney, and how do you spot scams?

A U.S.-domiciled applicant is not required to have an attorney before the USPTO. A foreign-domiciled applicant or registrant must be represented by a U.S.-licensed attorney, according to the USPTO attorney page (opens in a new tab). All applicants must give and keep current a domicile address, and filers generally use a verified USPTO.gov account with multifactor authentication. The identity verification page (opens in a new tab) says verification can be done online through ID.me or through a notarized paper process, and the name on the account must match the identification. The USPTO's Trademark Assistance Center handles procedural questions and its attorney pages list free or reduced-price legal service and pro bono resources. The USPTO does not give legal advice or decide whether an applicant should hire counsel.

The USPTO's page on recognizing scams (opens in a new tab) lists several warning signs: fake office actions and renewal notices, demands to pay within 24 to 72 hours, requests for sensitive information, notices that use words like "United States" or "Agency" to look official, and offers for services that are not required. Official communications, including office actions and payment requests, appear in the Documents tab for the application in TSDR. The official domains are USPTO.gov and my.USPTO.gov, and USPTO employees do not ask for personal or payment information by phone, email, text or social media.

Frequently asked questions about trademarking a name

Can I trademark a name before I use it?

A Section 1(b) intent-to-use application can be filed when you have a bona fide intent to use the mark in commerce. Registration then requires a later statement of use or a permitted extension, and each carries its own per-class fee.

Does state registration give nationwide protection?

No. The USPTO says state registration creates rights in that state, while federal registration has nationwide statutory effects. Neither one guarantees that a name can be used everywhere without conflict.

Does filing guarantee registration?

No. The USPTO says filing an application does not guarantee registration or continued registration, and an application can receive an office action or an opposition.

Can a surname or descriptive name be registered?

Both can face refusal. Surnames that are primarily merely a surname are addressed in 15 U.S.C. §1052(e)(4) (opens in a new tab), and merely descriptive terms may need acquired distinctiveness for the Principal Register.

A next step

If you want a trademark question looked at for a specific name, you can browse intellectual property practice areas and compare law firms in Texas that handle trademark work.