How to File a Trademark for Your Business Name

Step-by-step guide to filing a federal trademark application for your business name, including costs and timeline.

1. Search existing trademarks. Use the USPTO's Trademark Electronic Search System (TESS) to check if your business name conflicts with existing marks. Search variations, similar spellings, and phonetic equivalents. This preliminary search costs nothing but saves you from a $250+ filing fee rejection.
2. Determine your trademark class. Identify which of the 45 international trademark classes cover your goods or services. Each class requires a separate application and fee. Most small businesses file in 1-3 classes. Class 35 covers business services, Class 42 covers technology services, Class 25 covers clothing.
3. Choose your filing basis. File based on current use in commerce or intent to use. Current use requires proof of sales and costs $250-$350 per class. Intent to use costs the same initially but adds a $100 Statement of Use fee later when you start selling.
4. Submit your application online. File through the USPTO's Trademark Electronic Application System (TEAS). TEAS Plus costs $250 per class but requires pre-approved descriptions. TEAS Standard costs $350 per class with more flexibility. Include a clear specimen showing how you use the name commercially.
5. Respond to office actions. The USPTO examiner may issue office actions requesting clarification or citing conflicts. You have 6 months to respond or your application abandons. About 70% of applications receive at least one office action. Attorney responses typically cost $500-$1,500.
6. Monitor publication and registration. If approved, your mark publishes for 30-day opposition period. If no one objects, you receive registration 2-3 months later. Total timeline runs 12-18 months for straightforward applications, 2-3 years with complications.