Steps to Trademark a Business Name in the U.S.

Introduction

Trademarking a business name in the United States is an essential step for entrepreneurs seeking to protect their brand identity and secure exclusive rights in the marketplace. It grants you the legal authority to use the name in commerce and prevents others from using confusingly similar names. Beyond legal protection, trademark registration strengthens brand recognition and supports long-term customer trust and loyalty. In this article, we walk you through the essential steps on how to trademark a business name in the U.S. The experts at Auriga Accounting pvt. ltd. are ready to help you successfully register and protect your business name in the United States.

Difference Between Business Names and Trademarks

Before exploring how to trademark a business name, it is important to understand the distinction between a business name and a trademark. While both are key components of a business’s identity, they serve different purposes and offer different levels of protection.

Business Name

A business name—also known as a trade name, assumed name, fictitious name, or “doing business as” (DBA)—is the name under which a company operates and conducts business. It identifies the business for administrative, banking, and operational purposes.

Registering a business name is typically done through a state’s Secretary of State office. This registration allows a company to legally operate under that name within the state but does not provide exclusive rights or prevent others from using similar names.

Trademark

A trademark goes a step further by identifying the source of goods or services. It can include words, phrases, symbols, designs, or combinations of these elements that distinguish one business’s offerings from those of others.

Unlike a business name, a trademark protects brand identity and helps prevent consumer confusion by restricting unauthorised use of similar marks. Importantly, registering a business name does not automatically grant trademark protection.

To secure exclusive rights and avoid infringement risks, businesses must clear and register their desired name as a trademark.

In summary:
A business name establishes your company’s identity at the state level, while a trademark protects your brand identity across the marketplace.

Guidelines for Choosing a Trademarkable Business Name

Selecting the right business name is critical if you plan to trademark it. The U.S. Patent and Trademark Office (USPTO) evaluates trademarks based on distinctiveness and the likelihood of consumer confusion.

Distinctiveness of the Business Name

Distinctiveness is one of the most important factors in trademark approval. The USPTO categorises trademarks as follows:

Fanciful Marks: Invented words with no prior meaning (e.g., Kodak)
Arbitrary Marks: Common words used in an unrelated context (e.g., Apple for computers)
Suggestive Marks: Names that hint at product qualities without directly describing them (e.g., Greyhound for transportation services)

Generic terms (e.g., “Books” or “Clothing”) cannot be trademarked. Descriptive names (e.g., “Best Cookies”) are generally not eligible unless they acquire secondary meaning, meaning consumers strongly associate the name with a specific brand through long-term use.

Avoiding Likelihood of Confusion

The USPTO will refuse registration if your business name is likely to cause confusion with an existing trademark. This includes:

Similar names, spellings, sounds, or meanings
Related goods or services that could appear to come from the same source

Similar marks may only coexist if the goods or services are entirely unrelated and unlikely to confuse consumers.

Benefits of Trademarking a Business Name

Trademark registration offers several important advantages:

Nationwide Legal Protection: Exclusive rights to use the business name across the U.S.
Consumer Clarity: Reduces confusion and strengthens brand trust
Legal Security: Prevents disputes arising from similar or identical names
Investor Confidence: Demonstrates brand ownership and intellectual property protection
Brand Building: Supports consistent branding through logos, colours, and design elements
National Recognition: Prevents brand dilution and unauthorised use by competitors

Trademark Registration for Business Names

Trademark protection can be obtained at both the state and federal levels, depending on your business scope.

State-Level Trademark Registration

State registration provides limited protection within a specific state. It may be suitable for businesses operating exclusively within one state, though protection does not extend nationwide.

Federal Trademark Registration

Federal registration through the USPTO offers the strongest protection, granting exclusive rights nationwide. This is especially important for businesses operating online or across state lines.

Learn more about the types of U.S. trademark registration.

How to Trademark Your Business Name

Federal trademark registration follows a structured process managed by the USPTO:

Step 1: Conduct a Trademark Search

Use the USPTO’s Trademark Electronic Search System (TESS) to ensure your business name is not already registered or pending.

Step 2: Confirm Name Uniqueness and Filing Basis

Your name must be distinctive. Choose a filing basis:

Use in Commerce: The mark is already in use
Intent to Use: The mark will be used in the future

Step 3: Prepare the Application

Provide:

Owner details (individual or entity)
Clear representation of the mark
Goods or services description
Specimen of use (if applicable)

Step 4: File the Application

Submit your application online using the Trademark Electronic Application System (TEAS).

Step 5: Respond to USPTO Office Actions

If issues arise, you must respond within six months to avoid abandonment.

Step 6: Publication for Opposition

Approved applications are published in the Official Gazette for public review.

Step 7: Trademark Registration

If no opposition is filed, the trademark is registered, and you may use the ® symbol.

How Much Does It Cost to Trademark a Business Name?

Trademark costs vary depending on:

USPTO Filing Fees: Charged per class of goods or services
Attorney or Service Fees: Optional but beneficial
Additional Costs: Responses to refusals or oppositions
Maintenance Fees: Required to keep the trademark active

About the Author

Dakesh

Dakesh translates complex legal regulations into clear, actionable guidance, enabling entrepreneurs to stay compliant while building sustainable, scalable businesses with confidence.

February 21, 2026