How To Trademark A Business Name?

How To Trademark A Business Name?

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The identity of your brand must be protected at all costs in today’s highly competitive business world. Protect your intellectual property and set your business apart from the competitors by trademarking your business name. In this blog, we will walk you through the necessary steps to trademarking so that you can understand the legal aspects and their implications. Let’s learn how to trademark a business name today!

Why To Trademark A Business Name?

When you register your trademark, you give yourself the right to sue anyone who uses your business name without your permission. If you don’t register your trademark, other companies may use confusingly similar or even identical names, diluting your brand’s power and confusing customers. For example, let’s say you open a little bakery called “Sweet Delights.” Your bakery’s reputation and client base could take a hit if another bakery in the next town opened up shop using the same name without a trademark. If you own the registered trademark for “Sweet Delights,” though, you can stop people from using it in any way that sounds similar. 

Consumers are more likely to remember and be loyal to a trademarked company name. Customers will feel more comfortable and confident in your business after seeing your trademarked name and associating it with your goods and services. Take the case of a neighborhood cafe called “Morning Brew.” By maintaining a consistent brand identity and providing high-quality products, “Morning Brew” has become a byword for inviting atmospheres and delicious coffee. People who are familiar with the trademarked name are more inclined to buy “Morning Brew” instead of competing brands, which helps the company thrive and expand.

By securing a trademark for your company name, you can differentiate yourself from rivals and solidify your place in the market. When competing with other companies that provide comparable goods and services, it is essential to have a unique trademark. To differentiate itself from other brands in the artisanal skincare products industry that use generic or descriptive names, a company named “Nature’s Glow” could decide to trademark its name. By setting yourself apart from the competition, you can increase the perceived value of your products and services, which in turn increases your ability to charge premium prices and cultivate a dedicated customer base.

When you trademark your company name, you open the door to possibilities for growth, like franchising or expanding into other markets. Prospective investors, franchisees, and business associates are more likely to put their faith in a well-known and legally protected brand name. If a popular restaurant chain has its name trademarked, for example, it can confidently franchise its idea to other locations without worrying about tarnishing the brand’s image. Furthermore, by registering your trademark, you safeguard your business’s competitive advantage and market share by preventing competitors from taking advantage of your brand’s reputation in new markets.

Can Domain Names Also Be Trademarked?

Under specific circumstances, it is possible to trademark domain names. To what extent a domain name is being used in trade to identify and differentiate goods and services is the main factor that determines whether the domain name is being protected as a trademark. The steps to trademark a domain name are as follows:

You need to be actively using the domain name in commerce to identify and differentiate your goods or services for it to be a successful trademark. This signifies that the domain name is linked to a website where you engage in commercial activities, like selling goods, offering services, or providing information. You might be able to trademark “XYZDesigns” in relation to jewelry-related goods and services if, for instance, you run a website called “” and sell handmade jewelry through the domain name.

Domain names, similar to trademarks, need to be unique and not just describe the products or services they stand for. Because they don’t meet the necessary standard of distinctiveness, trademark offices usually reject domain name applications that are too general or descriptive. For example, since it provides a generic or descriptive description of the business, a domain name such as “” might not qualify for trademark protection.

Similarly to other types of trademark applications, domain name trademark applications undergo a likelihood of confusion analysis. In order to prevent consumer confusion, your domain name application may be denied if it is confusingly similar to an existing trademark in the same industry or a related field. For instance, if the term “ABCDesigns” is already used as a trademark in the apparel design industry, your request to sell clothing on “” might be rejected because it could lead customers astray.

It is crucial to take into account international trademark laws if your business operates globally or plans to expand into international markets, as trademark protection for domain names can differ by jurisdiction. The registration of domain names as trademarks may be subject to particular regulations or limitations in certain countries.

How To Trademark a Business Name?

Step 1: Determine Your Filing Method

Before initiating the trademark registration process, you must decide how you want to file your application. Options include filing directly through the United States Patent and Trademark Office (USPTO), using a reputable legal website, or seeking assistance from a qualified attorney. Each method has its own benefits and considerations, so choose the one that aligns best with your needs and resources.

Step 2: Review Fee Schedule

Familiarize yourself with the current fee schedule provided by the USPTO. This schedule outlines the fees associated with trademark registration and any additional services you may require during the application process. Being aware of the fees upfront will help you budget accordingly and avoid any unexpected costs later on.

Step 3: Conduct a Comprehensive Trademark Search

Utilize the USPTO’s Trademark Electronic Search System (TESS) to conduct a thorough search for similar trademarks. This database contains all registered trademarks, allowing you to assess the availability of your desired business name. It’s crucial to ensure that no similar trademarks already exist to prevent potential conflicts or rejection of your application.

Step 4: Prepare and File Your Trademark Application

Once you’ve confirmed the availability of your business name, it’s time to prepare and file your trademark application. Use the USPTO’s Trademark Electronic Application System (TEAS) portal to submit your application. Be sure to include all required materials, such as a Statement of Use, List of Preexisting Examples of Use, Drawing of the Trademark, Specimen of the Trademark, and the appropriate filing fee.

Step 5: Utilize TM Symbol Until Registration

While your trademark application is pending approval, you may use the TM symbol (for goods) or SM symbol (for services) to indicate your claim to the trademark. This helps establish your rights to the trademark and provides notice to others of your intent to secure exclusive rights. However, it’s important to note that these symbols do not offer the same level of legal protection as the registered trademark symbol (®).

Step 6: Use Registered Trademark Symbol Upon Approval

Once your trademark is officially registered by the USPTO, you are entitled to use the registered trademark symbol (®). This symbol signifies that your business name is a federally registered trademark, providing you with enhanced legal protection and exclusivity in the marketplace.

How Much Does It Cost To Trademark A Business Name?

The cost of trademarking a business name varies depending on several factors, including the filing method and the number of classes of goods or services you wish to register. Here’s a breakdown of the costs associated with direct filing through the USPTO’s Trademark Electronic Application System (TEAS):

  1. TEAS Plus: This option requires a basic filing fee of $225 per class of goods or services. If you need to register your trademark for additional classes, an upfront fee of $125 per class is applicable. TEAS Plus offers the advantage of receiving further communications via email.
  2. TEAS Reduced Fee: The basic filing fee for TEAS Reduced Fee is $275 per class of goods or services. If you decide to add additional classes later, you have the option to pay a fee of $125 per class. Similar to TEAS Plus, this option allows you to receive further communications via email.
  3. TEAS Regular: The basic filing fee for TEAS Regular is $400 per class of goods or services. Additionally, there may be fees for adding classes of goods and services. Unlike TEAS Plus and TEAS Reduced Fee, TEAS Regular provides the option to submit further application materials outside of the TEAS system.

It’s important to note that these fees are for filing the trademark application only and do not include any additional legal fees that may be incurred if you choose to work with an attorney or use a legal website for assistance with the application process.

Contact Us

For further assistance and guidance on trademarking your business name, please don’t hesitate to reach out to us. Our team of experts is here to provide you with the support and information you need  for the trademark registration process successfully. Whether you have questions about the application process, need clarification on specific requirements, or seek personalized advice, we’re here to help. Contact us today for more information, and let us guide you through the journey of protecting your brand identity with confidence.