Want to protect your business name? A US federal trademark costs $250–$350 per class via USPTO TEAS, plus $1,000–$2,000 if you hire an attorney. Total DIY: under $400. Total with lawyer: $1,500–$2,500. Here’s when it’s worth it and how to do it right.
How Much Does It Cost to Trademark a Business Name?
USPTO filing fees (TEAS Plus/Standard): $250–$350 per class of goods/services — most small businesses file in 1–2 classes. Attorney: $500–$1,500 for search + filing (worth it if the name matters — they catch conflicts you’d miss). State trademark: $50–$150 — cheaper but only protects within the state (rarely sufficient). Ongoing: maintenance filings at years 5–6 and every 10 years ($225–$525 each). Timeline: 8–12 months to registration (faster with no conflicts).
Do You Actually Need One? (Probably Not Yet)
Common-law rights protect your name in your geographic area from the moment you use it in commerce — no filing needed. You need federal registration when: you’re selling nationally (especially online), the brand is valuable (you’d fight to keep it), you’re entering Amazon Brand Registry (requires it), or you’re raising investment (investors check). You don’t need it when: you’re a local service business, still validating the idea, or might rebrand (see our naming guide — nail the name first, trademark second). Most businesses should wait 6–12 months — trademarking a name you’ll abandon is $350 wasted.
The DIY Filing Walkthrough
Step 1: Search first (free). USPTO’s TESS database — search your exact name and similar names in your class. Also Google it and check domain/social availability. Step 2: Identify your class. The USPTO has 45 classes — most businesses need Class 35 (retail/advertising) and/or their product class. File in every class you actually use (each costs $250–$350). Step 3: File via TEAS at uspto.gov — “use in commerce” (already selling) or “intent to use” (not yet selling, costs an extra $100 per class later to prove use). Step 4: Respond to office actions. ~60% of applications get one — usually a fixable technicality, but substantive refusals (likelihood of confusion) may need an attorney. Step 5: Wait and maintain. Registration in 8–12 months; calendar your year-5 maintenance filing.
What Trademark Doesn’t Do
- Doesn’t protect your idea — only the name/logo/slogan (see protecting business ideas).
- Doesn’t stop all copycats — enforcement is on you (cease-and-desist letters, then lawyers).
- Doesn’t cover other countries — US registration is US-only (Madrid Protocol extends internationally, ~$500+ per country).
- Doesn’t protect descriptive names — “Best Pizza” can’t be trademarked; “Zaxby’s” can. Distinctive names are protectable; generic ones aren’t.
Trademark vs. Copyright vs. Patent (Stop Confusing Them)
The 30-second clarifier: Trademark = brand identifiers (names, logos, slogans) — prevents customer confusion. Lasts forever (with maintenance). Copyright = creative works (text, images, code, music) — automatic on creation, lasts life + 70 years. Patent = inventions (processes, machines, designs) — 20 years, expensive ($5k–$15k+), must be novel. What businesses need: trademark (the name) + copyright (automatic — your content) + patent (only if you invented something). Common confusions: “copyright my business name” (no — trademark), “patent my logo” (no — trademark), “trademark my invention” (no — patent). Get the right protection — the wrong filing wastes money and protects nothing. When in doubt: trademark the name, rely on automatic copyright for content, and call a patent attorney for inventions.
The Madrid Protocol: International Trademarks
Selling internationally? US registration stops at the border. The Madrid Protocol lets you extend a US trademark to 130+ countries via one WIPO application — ~$500–$1,000 base + $100–$500 per country. When you need it: selling in foreign markets, manufacturing abroad (factory trademark squatting is real in some countries — file before engaging manufacturers), or planning expansion. Priority markets: EU (one filing covers all members), UK (post-Brexit, separate), Canada, Australia, Japan. China warning: first-to-file system (not first-to-use) — squatters register foreign brands and ransom them. File in China early if you manufacture there, even before selling there. Cost reality: $2,000–$5,000 for 5–10 key markets — insurance against the $50,000 rebrand.
Enforcing Your Trademark (What Ownership Actually Requires)
A trademark is a right to sue, not a shield — enforcement is on you. The ladder: 1) Monitor: Google Alerts for your name + quarterly USPTO searches — you can’t enforce what you don’t see. 2) Cease-and-desist letter: $0 (template) to $500 (attorney) — resolves 80% of conflicts. Be firm but professional; bullies create enemies. 3) Platform takedowns: Amazon Brand Registry, social media IP forms — fast for clear infringements. 4) USPTO opposition: challenge conflicting applications ($600 filing fee). 5) Lawsuit: $10,000+ — the nuclear option for valuable marks. What you must do: police consistently — failure to enforce can weaken your rights (abandonment/naked licensing doctrines). What you shouldn’t do: threaten everyone (trademark bullying backfires publicly). Enforce against real confusion, ignore harmless coincidence.
Trademark Monitoring Services (Worth It?)
Should you pay for monitoring? Free: Google Alerts (your exact name + variations) — catches most web uses. USPTO: free TESS searches quarterly — catches conflicting applications (the critical window — oppose within 30 days of publication). Paid: Corsearch, TrademarkNow ($200–$500/year) — comprehensive, professional-grade. Who needs paid: valuable brands ($100k+ in brand equity), competitive industries, national presence. Who doesn’t: local service businesses — Google Alerts + common sense suffice. The 30-day rule: USPTO publishes applications for opposition — miss the window and challenging gets 10x harder. Calendar it: quarterly TESS check, 15 minutes. Enforcement starts with awareness; awareness starts with monitoring.
Trademark vs. Business Registration (Different Things)
Don’t confuse these: LLC/state registration: creates the legal entity — prevents no one from using your name (another state can register the same name). DBA: registers the trade name locally — no exclusive rights. Domain: web address — no legal protection. Trademark: the only one granting exclusive national rights to the name. You need all of them: LLC (the entity), trademark (the name rights), domain (the web presence). Order: check trademark availability before forming the LLC — forming “SmithCo LLC” then discovering “SmithCo” is trademarked wastes the filing fee. See: our naming guide for the full sequence. Registration ≠ protection; trademark = protection.
The US Patent and Trademark Office publishes current filing fees and processing times — always verify costs there before budgeting, since fees change. Their TESS database (also free) is where you run the availability search this article describes.
Trademark vs. Copyright vs. Patent: Which Do You Need?
Founders constantly confuse these three. Trademark protects brand identifiers (names, logos, slogans) — what customers use to recognize you. Copyright protects creative works (content, designs, code, photos) — automatically yours on creation. Patent protects inventions and processes — expensive, slow, and rarely needed for small businesses.
What most small businesses actually need: trademark for the brand name/logo ($250–$350 DIY), copyright awareness for content (automatic; register key works for $45–$65 if enforcement might matter), and almost never a patent. Trade secrets (recipes, processes, customer lists) — protected by keeping them secret — matter more than patents for most.
The costly confusion: paying for a patent when you needed a trademark, or assuming copyright protects your business name (it doesn’t — names aren’t copyrightable). Match the protection to the asset: brand → trademark, content → copyright, invention → patent, secrets → secrecy.
Frequently Asked Questions
How long does trademark protection last?
Indefinitely, as long as you use the mark and file maintenance documents (between years 5–6, then every 10 years). Unlike patents and copyrights, trademarks don’t expire from age — Coca-Cola’s is over a century old.
Can I trademark a logo and name together?
Yes, but filing them separately offers stronger protection — a combined filing only protects that exact combination. If budget allows one filing, choose the name (more versatile). Two filings is the thorough approach.
What does the TM symbol mean vs. the R symbol?
TM claims common-law trademark rights — anyone can use it, no registration needed. The R (registered) symbol is legally reserved for federally registered trademarks; using it without registration is actually illegal. Use TM freely; earn the R.
Can someone trademark a name similar to mine?
If it’s confusingly similar in a related industry, their application can be opposed — and you can oppose theirs. This is why clearance searches matter before filing: the USPTO refuses confusingly similar marks.
Do I need a trademark in every country?
Trademarks are territorial — US registration covers the US only. The Madrid Protocol allows international filing through the USPTO for 100+ countries. File domestically first; expand internationally when you actually sell abroad.
What if someone is already using my business name?
If they used it first in commerce, they have common-law rights in their area even without registration. Options: negotiate coexistence, choose a different name (often cheapest), or consult a trademark attorney if you have strong claims. Don’t just ignore it.
The bottom line
$250–$350 DIY per class, $1,500–$2,500 with an attorney. Wait until the name is final and the business is real (6–12 months), search TESS thoroughly before filing, and remember: the trademark protects the name, not the business — customers and cash flow come first, paperwork second.
