How to Trademark a Name: The Trademark Lawyer’s Guide

I talk to a lot of people wondering if they should trademark their business name, and my answer as a trademark lawyer will always be, it depends. Trademarking is one of the most important things you can do to protect your brand and business, and if you’re just starting out, here’s everything you need to know about how to trademark a name. 

How to Trademark a Name For Your Business: Step by Step 

While trademarking a name may seem straightforward on the surface, the process is layered with legal nuance that can trip up even the most prepared applicants. As a trademark attorney who navigates these waters daily, I'm here to walk you through everything you need to know,  and help you avoid the costly mistakes most people don't see coming. I’ve got you covered.

Here are the steps to follow to ensure full legal protection and avoid headaches down the road:

Check That Your Business Name Can Be Trademarked

Checking the USPTO database should be your first step to make sure that your business’s name is registrable. This has to be done carefully to ensure that there are no close matches or any conflicts that could arise in the future. And if you don’t know what you’re looking for, don’t worry! We’re always here to help. 

File Your Business Name Trademark Application

You can apply to register your trademark here, and it will guide you through everything you need to submit along with it. Note that there will be a fee depending on what all you’re trademarking (more on that later!), so be prepared to spend $350+ on filing fees. 

Once Your Business Name Trademark is Approved… 

As long as your application was approved for publication, your trademark will be published in the USPTO Trademark Official Gazette where third parties can challenge or oppose your application within 30 days. If you make it through this step,  but your trademark is on its way to registration! 

Why Should You Trademark Your Business Name?

There are many reasons why trademarking your business name is a good idea, but these are the top reasons why I always suggest doing so: 

• It gives you exclusive, legal ownership and use of your brand within your industry

• It prevents competitors from taking the same or similar business name based on your hard work of building your own brand

• It avoids an expensive rebranding process later on and potential disputes (i.e., litigation)

• It increases your brand’s value; trademarks are assets

  
  

Should I Trademark Anything Besides My Business Name? 

The more brand assets you trademark, the better. When you’re going through the trademarking process, you can also protect other parts of your brand identity including:

• Designs/Logos

• Slogans/Taglines

• Colors

• Product names 

If you’re wondering about trademarking something from your brand that’s not a part of this list, you can always reach out! 

Do I Need a Trademark Lawyer? | Lindsay Lane Law

When you’re going through the trademarking process, it’s always good to have a professional on your side. The trademark process can be tricky, so having an expert who’s knowledgeable in this area can make it a lot easier, quicker, and in the long run, more affordable for you. 

If you’re ready to get started with a trademark lawyer on your team, you can see my services and schedule a call right here.