Brand & messaging
How to Trademark a Name and Logo, Step by Step
The USPTO steps in plain English, the trademark classes a marketing business uses, name versus logo, real timelines and what came up when we searched for «Notablia».
Here's how to trademark a name in the US: search the USPTO database for anything similar, pick your trademark classes, file in the USPTO Trademark Center and pay a fee per class. Then you wait about 10 months, answer any office action and, once it registers, you can use the registered trademark symbol.
We read the official USPTO process, asked ChatGPT, Perplexity and Gemini the same question, and searched our own brand, «Notablia», in the USPTO database. Two of the three AI tools sent us to TESS and TEAS, systems the USPTO has already retired.
Below: what a trademark protects, how to search, which classes a marketing business needs, the filing steps, name versus logo and how long it all lasts. This is general information, not legal advice.
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What a trademark protects: trademark vs copyright
A trademark protects the signs that tell customers who is selling: names, logos and slogans used on goods or services.
A trademark is a word, phrase, symbol or design that identifies the source of goods or services and sets them apart from competitors. Registering it with the US Patent and Trademark Office (USPTO) gives you a public record, the right to use the registered trademark symbol and a presumption of nationwide ownership in your classes.
Trademark vs copyright is where most people get confused. Copyright protects original creative work, like your blog posts, photos or the artwork of a logo. A trademark protects the logo's job as a brand. Your LLC name in state records and your domain don't give you trademark rights either. It's the foundation of everything in branding.
Is a common law trademark enough, or do you need to register?
A common law trademark exists as soon as you use a name in commerce, and the TM symbol is fine without registering. But those rights are limited to the area where you actually do business. A coffee roaster in Austin with common law rights can't stop a copycat in Denver. A federal registration can.
How to run a USPTO trademark search before you file
Run a USPTO trademark search for exact matches, similar spellings and similar sounds in your classes before you pay anything.
The free tool is Trademark Search, at tmsearch.uspto.gov. It replaced TESS on November 30, 2023, so guides that still send you to TESS are out of date. Search the exact name, then variations: «Brewly», «Brewlee» and «Bru Lee» can clash if they sell the same thing.
If you're still choosing a name, start with our business name ideas guide and run this search on your three finalists before you fall in love with one.
How can I check if a trademark is available?
Search the USPTO database, then check live and dead records, state registers and plain Google. A dead record means that mark isn't protected anymore, but someone may still be using the name. If a live mark in your class looks or sounds similar, assume it's a problem.
Trademark classes: which ones a marketing business needs
Pick the trademark classes for what you sell today and what you'll sell in the next few years, and pay for nothing else.
The USPTO uses the Nice Classification: 45 classes, 1 to 34 for goods and 35 to 45 for services. The 13th edition has been in force since January 1, 2026. These are the classes marketing businesses use most:
| Class | What it covers | Example |
|---|---|---|
| 35 | Advertising and business management | Agency, consultancy, online retail services |
| 41 | Education, training and entertainment | Courses, workshops, events, an educational podcast |
| 42 | Technology services and software design | Web design, SaaS tools |
| 9 | Downloadable software and files | Apps, downloadable templates or ebooks |
| 16 | Printed matter and teaching materials | Books, printed guides, magazines |
| 38 | Telecommunications | Messaging or streaming platforms |
Selling physical products under your brand? Check their class too. It's common with private label products: the filing has to cover the product, not just the store.
How to trademark a business name with the USPTO, step by step
To trademark a business name, prepare the search and the classes, file in Trademark Center and watch every deadline.
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Decide what to protect
The name as a standard character mark, the logo as a special form mark, or both. With budget for one, file the name.
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Search the USPTO database
Exact matches, spellings and sounds, live and dead, in your classes. Write down anything close.
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Pick classes and describe your goods and services
Use pre-approved wording from the USPTO ID Manual. Custom descriptions cost more and get queried more.
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Choose your filing basis
Use in commerce if you already sell under the name, with a specimen showing it. If not yet, file an intent to use trademark application.
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File in Trademark Center and pay
Trademark Center replaced the old TEAS forms on January 18, 2025. File in the name of the company that uses the mark, never your designer or agency.
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Answer office actions and watch publication
You get 3 months to respond, with one 3-month extension. If approved, your mark is published in the Official Gazette and anyone has 30 days to oppose.
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Register and calendar your maintenance
On an intent to use basis, you file a Statement of Use within 6 months of the Notice of Allowance. Then it registers and the registered symbol is yours.
That's how to file a trademark without surprises. The full sequence is in the USPTO trademark process, and it's the same whether you call it filing or how to register a trademark.
What if the USPTO sends an office action?
It isn't a rejection. It's a letter listing problems, from a vague description to a conflict with another mark. Answer every point by the deadline: if you don't, the application is abandoned and the fee is gone.
How much does it cost to trademark a name?
Trademarking a name costs at least $350 per class: that is the USPTO base fee for an electronic application, per its fee schedule last revised in August 2026. A paper filing costs $850 per class.
| What you pay | Fee per class |
|---|---|
| Base application | $350 |
| Insufficient information surcharge | $100 |
| Free-form description, not from the ID Manual | $200 |
| Statement of Use (intent to use only) | $150 |
| Section 8 declaration (years 5 to 6) | $325 |
| Section 9 renewal (year 10) | $325 |
Say a coaching business files its name in classes 35 and 41, with ID Manual wording and the name already in use. That is 2 × $350 = $700 on day one, plus 2 × $325 = $650 for the Section 8 filing, so $1,350 over six years. On an intent to use basis, add $300 for the Statement of Use. That is our math on the USPTO fees, with no attorney costs.
Pick your wording from the ID Manual. A free-form description adds $200 per class, which is more than half the base fee, and it gets queried more often.
How to trademark a logo (or a name and logo together)
To trademark a logo, file it as a special form mark; to protect both, file two applications, because one can't cover both formats.
If you're wondering how to trademark a name and logo, the strongest setup is two filings: the standard character mark protects the word in any font, and the special form mark protects the design. Logos change. The day you go through a rebranding, the word mark still covers you; the old logo filing doesn't.
If your brand goes on a box, file before you order the packaging design print run. Reprinting because of a trademark conflict costs far more than the filing fee.
Act as a trademark paralegal. My brand is [name] and I sell [goods or services, in detail]. Suggest the trademark classes I need and a description of goods and services using wording from the USPTO ID Manual. Separate must-haves from nice-to-haves and tell me which variations to search in the USPTO database. Don't invent class numbers or rules: if you're not sure, say so.
Trademark symbol: TM vs ® and when to use each
Use TM while your name is a claim, and ® only after the USPTO registers it. That is the whole rule, and it comes straight from the USPTO.
The USPTO says you can use TM for goods or SM for services even if you haven't filed an application. Once you register the mark, you use ® with it, and only for the goods or services listed in the registration. A pending application doesn't change that: the ® waits for the registration, according to the USPTO's examination manual.
| Symbol | What it tells people | Use it when |
|---|---|---|
| TM or SM | I claim this as my mark | Any time, before filing or while pending |
| ® | This mark is registered with the USPTO | Only after registration, for the listed goods and services |
Neither symbol is a requirement. The USPTO says you can use them, not that you must. Slapping a ® on a name you haven't registered is the classic rookie mistake, so skip it.
To type them on Windows, hold Alt and enter 0174 for ® or 0153 for ™ on the numeric keypad. On a US Mac keyboard, it's Option + R and Option + 2. In Word, typing (r) or (tm) swaps them in. Put the symbol in superscript next to the name, on its first or most visible use.
How long does a trademark last, and how do you keep it?
A federal trademark can last forever, as long as you keep using it and file the maintenance documents on time.
| When | What you file |
|---|---|
| Between years 5 and 6 after registration | Section 8 declaration of use |
| Between years 9 and 10 | Sections 8 and 9: declaration of use and renewal |
| Every 10 years after that | Sections 8 and 9 again |
There's a 6-month grace period with a surcharge. Miss it and the registration is canceled. The USPTO keeps the details on its page about keeping your registration alive.
Trademark search test: what we found for our own name
A trademark search only works if you look for similar marks, not just identical ones.
Frequently asked questions about trademarking a name
Can you trademark a name for free?
Not at the federal level: every USPTO application carries an official fee per class, and it isn't refunded if the application fails. What is free is everything before it. Searching the USPTO database costs nothing, and you can use the TM symbol on a name you're actually using in business without registering anything, which gives you some common law rights in your area. A state registration is another lower-cost option, but it only covers that state.
Can I trademark a name in just my state?
Yes. Most states run their own trademark register, and the USPTO points applicants to the trademark office of each specific state. A state registration is usually cheaper and faster, but it only protects you inside that state and doesn't let you use the federal registration symbol. If you sell online, ship across state lines or plan to grow, a federal registration with the USPTO is what gives you nationwide rights and a public record that blocks confusingly similar applications.
Can you trademark a phrase?
Yes, if the phrase works as a brand: it has to tell customers who is selling, not just describe or promote the product. A tagline you use consistently on your packaging, site and ads can be registered like a name. Common expressions everyone uses, or phrases that only inform, are usually refused. Search the phrase in the USPTO database first, and file it in the classes where you actually use it.
Should I form an LLC or trademark my name first?
Search first, then form the LLC, then file the trademark in the LLC's name. An LLC is a legal entity registered with your state. It doesn't give you rights to the name against businesses outside that state's records, and it doesn't stop someone else from registering a similar trademark. A trademark protects the name as a brand. Running a USPTO search before you pay for the LLC keeps you from building a company around a name you can't use. Then file in the name of the company that will actually use the mark.
How much does it cost to trademark a name?
At least $350 per class, which is the USPTO base fee for an electronic application, and more if your description of goods and services isn't picked from its ID Manual or is incomplete. If you applied on an intent to use basis, you also pay to file a Statement of Use, and later there are maintenance filings to keep the registration alive. Attorney fees come on top. The cost section above has the amounts as of October 2026, and the official USPTO fee schedule is where to confirm them before you file.
Can I trademark a name myself?
Yes, if you live in the United States or its territories: the USPTO doesn't require you to hire an attorney, although it strongly recommends one who specializes in trademark law. If you are domiciled outside the US, it's different: you must be represented by an attorney licensed to practice law in the United States. Filing yourself works best for a simple, distinctive name in one or two classes with nothing similar in the database.
How long does it take to get a trademark?
Around a year if nothing goes wrong. According to the USPTO's application timeline dashboard, as of October 1, 2026, the average wait for a first examination was 4.3 months and total pendency was 10.4 months. An office action, an opposition or an intent to use application that still needs a Statement of Use can stretch that well past a year. Filing a clean application with a pre-approved description is the best way to avoid delays.