How to Trademark a Name (Step-by-Step Guide for Beginners)

You’ve poured your heart into your online store, but is your brand actually yours? In 2026, knowing how to trademark a name is the ultimate power move for merchants. We have witnessed too many founders who have lost their sweat due to failure to go through the trademark registration process. Don't let that be you. I will split the trademark name cost and brand name protection process to allow you to make a trademark application with a lot of confidence. We should have your company's future.

What Does It Mean to Trademark a Name?

A trademark is a type of intellectual property protection that tells the world: "This name belongs to me, and it represents the quality of my work." When you trademark a brand name, you are securing exclusive trademark ownership rights for that name in your specific industry. It’s what allows you to use the small ® symbol, signaling to competitors and customers alike that your brand is a serious, protected entity.

Why do these names matter so much legally?

In the eCommerce world, your name is your reputation. If you don't have brand-name protection, another merchant could pop up tomorrow with a similar name, sell a low-quality version of your product, and there would be very little you could do to stop them immediately. Legally, a trademark gives you the "teeth" to fight trademark infringement and keep your brand's identity pure.

The "Business Name" Trap: A Warning

I want to pause here because this is where many beginners get tripped up. I often hear merchants say, "I’ve already registered my LLC name with the state, so I’m good, right?"

There is a massive difference between a business name and trademark registration.

When you register a business name or an LLC, you’re basically just telling the state government who to send tax bills to. It doesn’t give you the right to stop someone in another state from using your name. Legal protection for brand names only happens at the federal level. To truly own your name across the country, you’ll need to submit a trademark application to the USPTO.

Simply put: a business name lets you operate; a trademark lets you own the name. We’re aiming for ownership.

What Can Be Trademarked?

You may trademark practically anything that distinguishes your products or services and identifies them over your competitors, such as words, slogans, logos, designs, colors, sounds, even scents or shapes; however, they must be distinct and not generic or functional. What counts is originality - it has to be a source recognizer to your brand, such as the Nike swoosh or the McDonald's jingle. 

What You Can Trademark

You have more options than you might realize. When we talk about brand name protection, we are usually looking at:

• Words & Names: This is the big one. It includes your trademark, a business name, product names, or even unique slogans (think Nike’s "Just Do It"). Most merchants start with a standard character mark, which protects the words themselves regardless of how they look.
• Logos & Symbols: Your visual brand identity, like the NBC peacock or your own unique store icon.
• Distinctive Colors: This is rare but powerful. Think "Tiffany Blue." If a color becomes synonymous with your brand in your industry, you can own it.
• Sounds & Slogans: That specific chime or catchy phrase that identifies your service.
• Packaging & Design: Known as "Trade Dress." If your product packaging (like the Coca-Cola bottle shape) is so unique that it identifies your brand, it’s protectable.

The Three "Golden Rules" for Approval

Before you file a trademark application, your mark has to pass three big tests. We always check these first:

1. Distinctiveness: It has to be unique. It can't be something everyone else needs to use to describe their products.
2. Source Identification: It must act as a "fingerprint" for your business.
3. Use in Commerce: You generally need to be using the name in real-world business (selling on Shopify, for example) or have a solid intent-to-use trademark plan.

What You Can’t Trademark

I have witnessed numerous founders lose their trademark name fee (and their reason) due to their attempt to trademark things that the USPTO will not permit. Here are the red flags:

• Generic Terms: You will not be able to trademark Apple when you use it to sell real apples. It is a generic term that everybody in that industry is entitled to use.
• Merely Descriptive Terms: If I try to trademark "Cold & Creamy" for an ice cream brand, I’ll get a rejection. Why? Because it just describes the product. To get legal protection for brand names, the name needs to be "suggestive" or "arbitrary" (like "Arctic Bliss" instead of "Cold Ice Cream").
• Likelihood of Confusion: This is the most common reason for a trademark office action (a fancy word for a rejection). If your name is too similar to an existing one in your industry - even if it’s spelled differently - the USPTO will shut it down to protect consumers. This is why a professional trademark search is non-negotiable.
• Deceptive or Functional: You can’t use names that trick people (like "Organic" for a chemical-filled product) or shapes that are strictly functional (like the round shape of a wheel).

Why You Should Trademark A Name

A name is a good trademark to protect your investment and help grow it as it grants the proprietor exclusive legal rights, brand recognition, and competitive protection as a business against confusion by competitors, and to maintain your distinctive identity in the market. 

• Absolute Ownership: When you register a trademark, you get the exclusive legal right to the name. No one else in your industry can touch it. Without this, you’re essentially "renting" your brand from whoever decides to file for it first.
• Nationwide Protection: A local business license doesn’t stop someone in another state from using your name. How to trademark a name in the US secures your brand across all 50 states, stopping copycats from stealing your traffic.
• A Shield Against Fakes: It gives you the legal "teeth" to fight trademark infringement. You can quickly shut down copycats on Shopify or Amazon and even win back hijacked domain names from squatters.
• It is a Cashable Property: Your trademark is property. It also renders your store more appealing to anyone who may want to invest in it, and it adds a lot of value to your business in case you are ever planning to sell.
• Instant Credibility: Those 2 letters of the ® create instant credibility. It informs the customers of the fact that you are a legitimate and professional brand and that there is intellectual property protection necessary to grow without fear.

Before You Trademark: Important Checks to Do First

There are several important checks to do before a trademarking: perform thorough trademark clearance search (USPTO, online, state) to determine whether similar marks are already in use, make sure that your mark is unique/strong (not generic/descriptive), clarify what specific goods/services you are marking, verify ownership (person/LLC) and other important issues, and in case of any complex cases in trademark analysis, it is better to hire a trademark lawyer to avoid facing expensive infringement cases and more rejection.  

Conduct a Comprehensive Trademark Search:

• USPTO Database: Use the USPTO’s search system to check existing trademarks, but also look for similar ones that could cause "likelihood of confusion.
• Beyond Registrations: Search online, social media, domain names, and state databases for unregistered uses (common law rights).
• Hire an Attorney: A lawyer may do more extensive searches,d analyze hard-to-understand results, and recognize risks that you may not have detected.

Assess Your Mark's Strength:

• Distinctiveness: Uniqueness (fanciful, arbitrary, suggestive)? Mark of generic or simply description marks is more difficult to defend.
• Registrability: Examine causes of refusal,l such as in the case of generic or functional.

Define Your Goods & Services (Classes):

Be explicit in stating what your mark will cover, exact products/services, because this is how much your protection will be.

Verify Ownership & Use:

• Owner Identity: Make sure that you identify the owner (person/business) correctly to prevent the invalidation of the applications.
• Use in Commerce: Ascertain whether the mark is in use or you have a good intent of using it in the near future.

Check for Similar Trademarks & Trade Names:

Never simply check trademarks, but also search similar trade names (doing business as names), evenif their owners may contest your registration. 

It saves time and money by first assuring you that you are not going to tangle with the law and that the mark you have selected is a legal one. 

How to Trademark a Name: Step-by-Step

Venting into trademarking a name you will start by performing a massive research of what is already registered in the market, come up with good and distinct names to particular goods/services (classes) and register them, by filling an application to your national trademarking office (such as the USPTO) with information about the name and its intended use, go through the examination, publication and registration route responding to any action by the authorities. This is done in order to secure your brand legally in business.  

Step 1: Decide Where You Want Protection

Before we hit "submit," we need to talk about geography. Trademarks are territorial - meaning, if you register in the US, you only have protection in the US.

• Country-Specific: Most of us start here. If your Shopify customers are mostly in America, you’ll file with the USPTO.
• Regional (e.g., EU): If you have a huge following in Europe, you can file one application that covers the entire European Union.
• International (The Madrid System): If you’re going global, the Madrid System allows you to file a trademark application in over 120 countries at once. It’s convenient but can get expensive quickly!

Step 2: Choose the Correct Trademark Classes

Imagine the USPTO is a giant filing cabinet. You can't just put your name in the "general" folder; you have to pick a "Class."

There are 45 trademark classes. Choosing the incorrect option can result in your application being denied, and you won't get your money back.

• Class 25: The "holy grail" for Shopify stores selling t-shirts or hats.
• Class 35: Essential for "online retail store services."
• Class 42: For my SaaS founders and techies.

Pro Tip: It is not a good idea to enroll in all classes in case. Each class costs an extra $350. Choose the ones that really fit with what you are selling at the moment.

Step 3: Prepare Your Application Details

Now we take the ingredients of your application. You’ll need three main things:

1. Owner Details: Will you own the trademark personally or through your LLC? We almost always recommend that your company owns it for better intellectual property protection.
2. The Format: We usually suggest a standard character mark. This protects the name itself, no matter how the logo changes. If you only trademark a specific logo, you might have to re-file if you ever update your brand’s look.
3. Proof of Use: Do you already sell? Yes, you will give the Specimen (screenshot of your store). You have not yet launched, and as such, you will file an intent-to-use trademark application. This is little more than saving your place in line till you are ready to sell.

Step 4: File the Application (The Money Part)

You will find yourself at the new USPTO Trademark Center.

• Trademark Name Cost: As of 2025, the base fee is $350 per class.
• How long does it take to trademark a name? Prepare for a wait. It usually takes 8 to 10 months before a human even looks at your application.

Step 5: The Trademark Examiner Review

Once your application hits the desk of a trademark examiner, they look for two things:

1. Is your name too descriptive?
2. Is there a likelihood of confusion with an existing brand?

If they find a problem, they’ll send you a trademark office action. Don't panic! This is simply a notice stating, "Hey, we have a question or an issue." Most of the time, we can fix these with a simple response.

Step 6: Publication & Opposition Period. 

If the examiner gives you the "thumbs up," your name is published in the "Official Gazette." This is a 30-day window where the public can see your name.

Think of this as the "Speak now or forever hold your peace" phase. If another brand thinks your name is too similar to theirs, they can "oppose" your trademark. If no one complains for 30 days, you’re almost home free.

Step 7: Registration & Your Certificate

Congratulations! After overcoming the opposition period, the US Patent Office will give you your registration certificate.

This is when the ® symbol can be used legally. You must not use other symbols than the ™ until you have this certificate in your hand. You are the owner of a trademark right, and finally,,y you have the comfort of knowing you actually own a brand.

Remember, a trademark isn't "forever" unless you maintain it. You’ll need to file trademark renewal requirements between the 5th and 6th year to keep your protection active. We’ll make sure you don’t miss that!

How Long Does It Take to Trademark a Name?

Infrequently but possibly at times faster, the process of trademarking a name would take 12 to 18 months in the U.S. However, this could be substantially shorter or longer, depending on whether the process is smooth or contested, and whether you are required to submit an Intent to Use (ITU) application and prove usage at a later date, thereby adding several months. When you file, it begins with the examination, publication, possible opposition, and final registration. 

Typical U.S. Trademark Process Timeline

• Application, & First Examination Y.ou submit your application, and the USPTO gives your application to an examiner. (Average: 4.6 months to first action).
• Office Action (if any): An examiner might issue a rejection or request more info (an "Office Action"), giving you 6 months to respond, adding significant time.
• Publication: Once approved, the mark is listed in the Official Gazette, giving the public a chance to file any objections. (About 3 months after the first action).
• Opposition Period: A 30-day window for third parties to object.
• Notice of Allowance (for ITU): If no opposition, you get a Notice of Allowance (8 weeks after publication).
• Statement of Use (for ITU): You then have 6 months (extendable) to show actual use in commerce, adding more months.
• Registration: After all steps, the trademark is granted and registered (around 2-3 months after publication/use evidence). 

Factors Affecting Speed

• Application Type: "Use in Commerce" is faster than "Intent to Use".
• Examiner Issues: Rejections or complex classification needs slow it down.
• Oppositions: Third-party opposition extends the process significantly.
• Backlog: General workload at the trademark office. 

For Faster Results

• Thorough Search: Prevents early rejection.
• Clear Description: Accurately describe goods/services in the correct class.
• Expedited Examination: Some countries offer this for a fee, but it's not standard in the U.S. for simple cases. 

How Much Does It Cost to Trademark a Name?

Trademarking a name costs at least $350 for the basic USPTO filing fee per class of goods/services (online), but total costs can range from $350 to over $2,000+, depending on attorney fees, the number of classes, optional searches, and ongoing maintenance fees (like renewals every 5-10 years). The cheapest method is DIY via the USPTO's TEAS system ($350+), while hiring an attorney for comprehensive searches and filing can add $500-$1,250+, with potential for much higher overall costs. 

Base Application Fees (USPTO)

• Online Filing (TEAS Standard): $350 per class of goods/services.
• Paper Filing: $850 per class (not recommended). 

Additional Potential Costs

• Trademark Attorney: Adds $500 - $1,250+ for filing, more for searches and complex cases.
• Trademark Search: $0 (DIY) to $500-$1,250 (professional search with attorney).
• Office Actions/Responses: Extra fees if the USPTO flags issues.
• International Filing: Varies widely by country, potentially $100-$1,000+ per country. 
• Ongoing Maintenance Fees (Every 5-10 Years) 
• Declaration of Use (Sec 8): ~$325 per class.
• Renewal (Sec 8 & 9): ~$650 per class (combined 10-year renewal). 

Key Takeaway

• Budget: Plan for at least $350 (DIY) to $1,000+ (with attorney) for initial federal registration, plus maintenance fees later.
• Classes Matter: Each additional category of products or services (e.g., clothing, software, consulting) costs another $350 fee.
• Professional Help: An attorney can save time and prevent costly mistakes, often paying for themselves long-term. 

Do You Need a Trademark Lawyer?

No, U.S. applicants are not legally obligated to hire a trademark attorney for assistance. Still, oneis much more likely to succeed when one does so by avoiding expensive mistakes, performing more complex searches, legal undertones, and obtaining better-guaranteed protection, which is essential to a valuable brand, particularly with international registration or oppositions. Although you can file on your own, an attorney takes you through the delicate legal paperwork, classifications, and office drama, which saves you time and money in the long term than redoing or filing again once rejected. 

When You Can Do It Yourself (The "Save Your Money" Route)

If you’re a startup with a very tight budget, you can definitely handle the DIY route if:

• Your Name is Extremely Unique: If your brand name is a made-up word (like Zalora or Exxon), your risk of running into a likelihood of confusion is much lower.
• You’ve Done a Clean Search: If your trademark search came back empty - meaning no one else is using anything remotely similar in your industry - the process is usually straightforward.
• You Have a Simple Business Model: If you’re just selling one type of product (like coffee beans) and only in the US, the application is less complex.

If this sounds like you, the DIY path is a great way to get legal protection for brand names without the heavy legal fees.

When You Should Hire a Lawyer (The "Protect Your Investment" Route)

• Conflict Risks: If your search found similar names, a lawyer helps you navigate around a potential trademark office action (rejection) to find a path to approval.
• Going Global: Brand name protection in the UK, EU, or China is complex. Pros handle the international red tape so you don't have to.
• Your Core Brand: If this name is your entire business, don’t gamble. A DIY mistake could cost you your trademark name and your right to use the name entirely.

My Advice: If your business is already making decent revenue, think of a lawyer as a business investment, not an expense. They ensure your trademark ownership rights are airtight. But if you’re just starting and have more time than money, roll up your sleeves and try the DIY route - just be ready to read the fine print!

Common Trademark Mistakes to Avoid

Mistakes associated with trademarks are as follows: weak/descriptive names are selected, complete searches are not conducted, the use of symbols ( 3 and 4 ) is not correct, no further monitoring/maintenance (renewals) is taken, registration is not made in the right classes, and registration is not assumed to be the same as ownership or global rights. The prevention of these through exhaustive search, the choice of unique marks, proper filing, uniform use of marks,s and the protection of your rights secures your brand name.

Before Filing (Selection & Search)

• Selection of Weak/Descriptive Marks: Do not use thename thath only describes your product (e.g., Fresh Bread Bakery). Better to use hinting, random, and imaginative names (as Netflix, Apple, Kodak).
• Omission of Searches: A professional search is essential to eliminate the infringement on the trademarks that are already held,d as well as avoid the refusal of the application.
• Misconception of What Is Trademarkable: The generic names, false marks, symbols of the government, and functional aspects of the product tend to be incapable of being trademarked. 

During Filing (Application Process)

• Mismatched Data: Having incorrect owner records, invalid types of entities,s or not filling certain sectionsresultst in rejection.
• Registering in the Wrong Class: Your protection will be restricted only when you register in the wrong class by registering in one of the 45 international classes.
• Wrong Specimens: Sending mock-ups rather than real specimens of in-commerce.
• Negligence in regard to Office Actions-Failure to effect action in reply to the requests of the examiner or the objections. 

After Filing (Maintenance & Enforcement)

• Misuse of Symbols: This should not be done when the mark is not registered; the mark should have the registered symbol ®.
• No Monitoring and Enforcement: This is because by letting the infringers go unnoticed, you undermine your rights.
• Forgetting Renewals: Registration is notpermanentt you should submit maintenance documents.
• Ignoring International Requirements: It involves concentrating on things inside the country, even if you will market internationally.
• Taking Ownership: Ownership is not acquired through filing,g and the rights are acquired through use and registration. 

Trademark vs Business Name vs Copyright (Quick Comparison)

Business Name:  This is your legal name (such as Mike-Corp) in which to establish a corporation. And a Trademark, at the same time, secures brand names (logos, marketing slogans such as Nike swoosh) used in trade to indicate origin, and a Copyright secures original works of creative (books, music, code) against unlawful copying. Trademarks deal with the identification of the source of the brand (renewed 10 yrs), Copyrights deal with the expression of creativity (life + 70 yrs), and a Business Name is simply the official registration. 

The IP Breakdown

• Business Name (LLC/DBA): This is what is referred to as the birth certificate of your business. It gives the state government the person in charge of taxes and legal responsibility. Nevertheless, it has virtually no brand protection. The fact that you may register a name as Sunnyside Apparel LLC in the state of Ohio will not prevent the possibility of a person in Californiafrom opening up a Sunnyside Apparel store.
• Copyright: This secures works of creativity. When you make a professional picture of your product, create a special post on your blog, or create a special theme on your website, the copyright prevents the theft of the particular work.
• Patent: This is for inventions. If you’ve created a brand-new way to manufacture a waterproof fabric or a unique mechanical device, you file a patent to protect how it works.

Quick Comparison Table

If you want legal protection for brand names, you are looking for a trademark. An LLC gives you a legal "person" to run the business, but only a trademark gives you the trademark ownership rights to defend your brand name in the marketplace. We always recommend securing both!

What Happens After You Trademark a Name?

Once a name has been trademarked, you are given a nationwide exclusive right to the name in business, and are allowed to use the ® symbol and prevent the use of confusingly similar names. Yet, the infringement will have to be proactively monitored, the rights enforced, the maintenance records (such as the Statement of Use in case of intent-to-use) provided, and the registration renewed every 10-year interval to maintain its effectiveness. The registration offers a legal presumption of ownership and is easy to enforce in federal cour,t and allows the use of the ® symbol. Nevertheless, it is not the government that polices it on your behalf, but it is upon you to watch and protect.

• Flaunt the ®: It’s time to swap your ™ for the ® symbol across your Shopify store and packaging. It’s the ultimate signal of official brand name protection.
• Be Your Own Police: The government won’t fight for you. Use your registration to shut down trademark infringement on social media and eCommerce platforms.
• Join Brand Registry: Your registration number is the "key to the city" for Amazon Brand Registry, giving you massive power to kick out counterfeiters.
• Use it or Lose It: Trademarks have to be used in trade. Continue selling and store your specimens of proof of use to be used later.
• Keep Your Deadlines: You need to renew your trademarks in the 5th and every 10th year. Don’t let your legacy expire!

Final Thoughts: Is Trademarking a Name Worth It?

It is impossible to establish a brand without a trademark, just as it is impossible to construct a house on a sandy foundation. The best thing to do is to protect your brand name early enough. It not only makes your name a valuable business tool, but it also keeps the copycats at bay, as well. You don't have to wait until you have a headache about it and then do something about it. Get your ownership rights of a trademark currently and establish your Shopify empire without fear. You’ve earned it.

FAQs About Trademarking a Name

1. Can I trademark a name before starting a business?

Absolutely. In fact, we often recommend it. You can file an intent-to-use trademark application. This essentially "reserves" the name while you’re still building your Shopify store or finalizing your products. You’ll just need to prove you’re actually selling within a certain timeframe to finalize the registration.

2. Can two businesses trademark the same name?

Yes, but only if they are in completely different industries. This is why trademark classes are so important. For example, "Delta" can be a trademark for an airline and also for a faucet company. Because there is no likelihood of confusion - nobody buys a sink thinking it was made by an airline - both can coexist.

3. Can I trademark a name globally?

There is no such thing as a "world trademark" that covers every inch of the planet in one click. Trademarks are territorial. However, we can use the "Madrid System" to file a trademark application in dozens of countries at once. Most store owners start with their home country and expand as their international sales grow.

4. What if someone is already using my name?

They may have common law rights in case they were using it previously, even without a registration. It is because the search for professional trademarks is the very first thing that we do. When you have a similar brand within your niche, it is usually better to make changes to your name sooner rather than later, when you risk being sued for trademark infringement.

5. Can I sell or transfer a trademark?

Yes! Your trademark is a piece of property, just like a car or a house. You can sell it, license it, or transfer your trademark ownership rights to another company. This is a huge part of why trademarks add so much value to your business - they are a "tangible" asset that you can eventually cash out on.