Legal

How to Trademark a Brand Name: Step-by-Step Guide with Real Examples

Thinking of protecting your business identity? A trademark can be the legal armor your brand needs to stand out and stay safe

By Natia Kurdadze

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Thinking of protecting your business identity? A trademark can be the legal armor your brand needs to stand out and stay safe. In this guide, you'll learn exactly how to trademark your brand name in the U.S., with real-world examples, useful tools, and external resources to guide you every step of the way.

What Is a Trademark (and Why It Matters)?

A trademark legally protects brand elements like your business name, logo, or slogan. It helps prevent others from using something too similar and gives you exclusive rights to use it in your category.

"A trademark distinguishes your goods or services and builds long-term brand recognition."
— U.S. Patent and Trademark Office (USPTO)

Step 1: Conduct a Thorough Trademark Search

Before anything else, make sure the name is not already taken.

  • Use the USPTO TESS database for your initial search.

  • For global searches, try WIPO’s Global Brand Database.

  • Double-check domain name availability, social media handles, and do a plain old Google search.

Pro Tip: Don’t just look for exact matches. Check for similar spellings, sound-alikes, or translated versions.

Watch: How to Search for Trademarks on USPTO (YouTube)

Step 2: Make Sure Your Name is “Trademarkable”

Not all names can be trademarked. The more unique and distinct, the better your chances.

Category

Example

Trademarkable?

Generic

Phone Store

No

Descriptive

Fast Shipping

Rarely

Suggestive

Netflix

Usually

Arbitrary

Apple (for tech)

Yes

Fanciful

Kodak

Yes

Learn more from Investopedia’s guide on trademark distinctiveness.

Step 3: File Your Trademark Application

Once you're confident the name is available and qualifies:

  1. Head to USPTO's Trademark Electronic Application System (TEAS).

  2. Choose between:

    • TEAS Plus ($250 per class) – fewer options, lower fee

    • TEAS Standard ($350 per class) – more flexibility

  3. Upload your brand name, class of goods/services, and specimen (if already in use).


  4. Submit and pay the fee.

Watch: How to File a Trademark Application (YouTube)

Step 4: Monitor the Status of Your Application

After submission, a USPTO examining attorney reviews it. They may issue an office action for corrections or clarifications.

Check status using the TSDR system.

The whole process takes 6–12 months (or more). If approved, your trademark is published in the Official Gazette for 30 days. During this time, others can oppose it.

Bonus: Want Global Protection?

Use the Madrid Protocol to file in multiple countries with one application.

  • Learn more from WIPO’s Madrid System Overview.

  • Just remember: approval depends on each country’s own trademark laws.

How Much Does It Cost?

Expense Type

Cost Estimate

USPTO Application

$250–$350 per class

Attorney Fees (Optional)

$500–$2000+

Renewal (every 10 years)

~$400 per class

Sources: LegalZoom Trademark Guide

Real Example: Beyoncé’s "Blue Ivy" Trademark Battle

When Beyoncé and Jay-Z filed to trademark “Blue Ivy Carter,” a wedding planner with a similar business name opposed it. After years of legal battles, Beyoncé won. Moral of the story: trademark your brand early—and defend it fiercely.

Full story: The Sun – Beyoncé Wins Blue Ivy Trademark

Step 5: Maintain and Defend Your Trademark

  • File a Declaration of Use (Section 8) between the 5th and 6th years after registration.

  • Renew every 10 years.

  • Monitor for infringement. You can even set up a Google Alert or use tools like Markify.


Final Checklist

  • Search name in USPTO & WIPO

  • Evaluate name’s distinctiveness

  • Choose correct class for goods/services

  • File via TEAS

  • Monitor status & respond to office actions

  • Maintain trademark & renew


Helpful External Resources

  • USPTO Trademark Basics

  • WIPO Madrid System Overview

  • LegalZoom’s Trademark Services

  • U.S. Chamber of Commerce Guide

Conclusion

Trademarking your brand name isn't just a legal formality—it’s a smart business move that protects everything you’re building. With this step-by-step guide, you're well on your way to securing your brand and standing out with confidence.



Why

Why

Not?

Protect your intellectual property with confidence.