How to Trademark Your Business Name (Without a Lawyer)

While hiring a lawyer might be your first thought when you hear the word “trademark”, you don’t actually need one to secure your business name. In fact, with the right guidance and a little patience, you can handle the entire trademarking process yourself using United States Patent and Trademark Office (USPTO) website. Here is how to trademark your business name in five simple steps:

Step One: Determine If Your Business Name Can Be Trademarked

Before you start the trademark application process, it’s essential to ensure that your business name is eligible for trademark protection. Not all names can be trademarked, so here’s a quick list of what cannot be trademarked:

Generic Words or Phrases: Common terms that are too broad, like “Coffee Shop” or “Baker”
Descriptive Terms: Words that merely describe your product or service, like “Best Cleaning” for a cleaning service.
Location Names: Any name that is primarily geographic, like “New York Pizza”
Offensive or Obscene Content: Anything that could be considered offensive or inappropriate will be denied.

If your business name passes these checks, it’s time to move on to the next step of research.

Step Two: Conduct a Thorough Search

This step is crucial because it will help you determine whether your desired business name is already in use. Here’s how:

Start with Google: A simple Google search can help you find businesses with similar names. If you find a business using a name that’s too close to yours, you might need to rethink your options.
Use the USPTO’s Trademark Electronic Search System (TESS): This free tool allows you to search for registered trademarks. Make sure to search for variations of your business name as well (plural or singular forms, alternate spellings, etc.).
Check Domain and Social Media Availability: If you don’t already have your website domain and social media handles nailed down, be sure to check that they are available on these platforms as well.

If your search doesn’t turn up anything conflicting, it’s time to move into the application process.

Step Three: How to File the Trademark Application

It’s time to actually file your application with the USPTO. The application may seem intimidating, but it’s actually fairly straightforward if you follow the steps carefully. Here’s what you need to do:

Create an Account on USPTO.gov.
Choose Your Application Type. The USPTO offers several types of applications, but for most small business owners, the TEAS Plus form is the best option. It’s the least expensive option and requires less information upfront.
Submit Your Business Information. You’ll need to provide your business name, address, and other identifying information.
Identify Your Goods and Services. You’ll be asked to specify what goods or services your business offers. Be as detailed as possible.
Choose Your Filing Basis. You’ll need to indicate whether your business name is already in use, or if you plan to use it in the future. If you haven’t started using your business name yet, you can file under an “intent to use” basis.
Submit Your Application. Once you’ve completed all the required sections, submit your application and pay the filing fee.

Step Four: Monitor the Application

After you’ve submitted your application, it will go through several stages (and likely many months), before being approved. Patience will be key here. Here’s what happens next:

Examination: The USPTO examiner will review your application to ensure everything is in order. They may contact you for additional information or clarification.
Publication: If your application passes the initial review, it will be published in the Official Gazette for opposition. This is a 30-day period where anyone who believes your trademark will harm their business can file an objection.
Registration: If no objections are filed, or if any objections are resolved in your favor, your business name will be officially registered.

During this process, it’s important to monitor your application status through the USPTO’s Trademark Status and Document Retrieval (TSDR) system. You’ll also want to respond to any communication from the USPTO to avoid delays, but be aware that once you submit your application, there are many people out there running scams that you’ll want to be on the lookout for.

Our signature course, Trademarks on Tap, includes templates for responding to these office actions.

Step Five: Maintain and Enforce Your Trademark

Celebrate! And then, be aware that once your business name is officially trademarked, you are not completely done. To keep your trademark in good standing, you’ll need to meet certain maintenance requirements. Here’s what to know:

Use Your Trademark Regularly. To maintain your trademark, you need to continue using it in commerce. Failure to do so could result in your trademark being cancelled.
File Maintenance Documents. Between the fifth and sixth years after registration, you must file a Declaration of Use to show that you’re still using your trademark. You’ll also need to file a renewal application every 10 years.
Enforce Your Rights. If someone uses your trademark without permission, it’s up to you to enforce your rights. You can send a cease-and-desist letter or pursue legal action, if necessary.

Trademarking your business name is one of the best ways to protect your brand, and the good news is that you don’t need a lawyer to get it done. By following the steps outlined above, you can successfully register your business name with the USPTO — gaining legal protection you need to safeguard your brand.

And if you want an even more in-depth look on how to trademark your business name, our course Trademarks on Tap, has you covered. It covers everything from how to thoroughly research your name, and exactly what information you need to prepare for your application to a live walkthrough of the trademark process, email templates and phone scripts for responding to office action (aka an official letter from the USPTO). If you’re ready to protect your ass-ets without hiring a lawyer to do so, check out Trademarks on Tap and get the application process started today!