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How to Trademark a Name:
Use these steps to secure a trademark for your business name.
Check trademark availability.
Use the Trademark Electronic Search System.
You can use the United States Patent and Trademark Office’s Trademark Electronic Search System (TESS) to search for active and inactive trademarks. The tool allows you to use a variety of filters to see as many results as possible. If you don’t find any existing trademarks that match the name you want to use, you can move to the next step.
Determine your filing basis.
What category does your trademark fall into?
You application will need to specify what is known as your filing basis. The filing basis is essentially the purpose of the application. There are four types:
- Use in commerce: your trademarked name will be used for business purposes.
- Intent-to-use: you want to secure the trademark on a name that you intend to use in the future.
- Foreign registration basis: You own the same trademark in your country of origin.
- Foreign application basis: You already own a foreign registration that was filed within six months of your U.S. application for the same trademark.
A trademark and patent attorney is not required when applying for a trademark as a U.S. entity, but it is strongly advised.
Choose between TEAS Plus and TEAS Standard.
TEAS Plus applications have a higher rate of acceptance and is the most affordable option, but it can only be used if your application can be completed entirely online.
TEAS Standard must be used when the Trademark ID manual does not accurately list the goods or services that your business offers.
Complete the trademark application.
Use the online form.
You can apply for your trademark using the online application form provided by the USPTO.
If you have not made an application through the USPTO before, you need to sign up for a USPTO.gov account to access the trademark application form.
Pay the fee.
At the end of the application, you must pay your filing fee. It costs $250.00 for a TEAS Plus application and $350.00 for a TEAS Standard application.
Monitor the status of your application.
Use your USPTO.gov account to monitor the status of your application after it has been submitted.
Wait for a response.
If there are any issues with your application, or there is a reason why you may not be able to obtain the trademark you want, a U.S. trademark attorney will send you an action letter. This may require some kind of response on your part before your application can proceed, so respond to the request as quickly as possible.
Trademark will be registered or you will be given a notice of allowance.
If your trademark is granted, you will be notified in writing that it has been registered. At this point, you can legally use the trademarked name.
If your trademark is granted with the intent of being used in the future, you will be given a notice of allowance which basically states that you are allowed to use the trademark in the future.
