Building a strong brand in today’s competitive market requires more than just a great idea—it demands legal protection. If you want to secure your business identity and prevent competitors from copying your brand, learning how to trademark a name and logo is essential.
Whether you’re launching a startup or scaling an established business, registering your trademark in the United States gives you exclusive rights and long-term brand value.
In this guide, you’ll learn how to trademark a business name and logo, the costs involved, timelines, and how to avoid common mistakes.
What Is a Trademark?
A trademark is a legal protection granted to a name, logo, symbol, or phrase that distinguishes your business from others.
In the U.S., trademarks are registered through the United States Patent and Trademark Office (USPTO).
Name vs Logo Trademark: What’s the Difference?
- Business Name (Wordmark): Protects the text (e.g., brand name)
- Logo (Design Mark): Protects the visual design
- Combined Mark: Protects both together—but with limitations
👉 Pro Tip: For maximum protection, it’s best to register both separately.
Why You Should Trademark Your Name and Logo
Trademarking is not just a legal formality—it’s a strategic business move.
Key Benefits:
- Exclusive rights to use your brand nationwide
- Prevents competitors from copying or confusing customers
- Builds trust and credibility
- Enables legal action against infringement
- Creates a valuable business asset (can be licensed or sold)
Without a trademark, your brand is vulnerable—even if you’ve been using it for years.
Types of Trademarks You Can Register
Understanding the types of trademarks helps you choose the right protection:
1. Wordmarks
Text-only trademarks (e.g., brand names)
2. Design Marks (Logos)
Graphics, symbols, or stylized designs
3. Combination Marks
Text + logo together
4. Pictorial Marks
Recognizable symbols (e.g., apple icon)
5. Abstract Marks
Unique shapes or designs
Step-by-Step: How to Trademark a Name and Logo
Step 1: Conduct a Trademark Search
Before filing, you must ensure your name or logo isn’t already taken.
Search the USPTO database (TESS) for:
- Exact matches
- Similar names
- Confusingly similar logos
⚠️ Skipping this step can lead to rejection or legal issues.
Step 2: Choose Your Trademark Class
Trademarks are categorized based on goods/services.
Examples:
- Class 25: Clothing
- Class 35: Business services
- Class 42: Technology
👉 Choosing the wrong class is one of the most common mistakes.
Step 3: Prepare Your Application
You’ll need:
- Owner name & address
- Clear representation of your logo
- Description of goods/services
- Filing basis (use in commerce or intent to use)
Step 4: File with USPTO
Submit your application through the TEAS system.
💰 USPTO Filing Fees (2026):
- $350 per class (standard TEAS application)
Step 5: USPTO Examination
A USPTO examining attorney will:
- Review your application
- Check for conflicts
- Issue an Office Action if needed
This stage can take 2–4 months.
Step 6: Publication for Opposition
If approved, your trademark is published in the Official Gazette.
- Third parties have 30 days to oppose
Step 7: Registration Certificate
If no opposition is filed, your trademark is registered.
🎉 You can now use the ® symbol
How Long Does It Take?
The full process typically takes:
- 6 to 12 months (if smooth)
- Longer if there are objections or oppositions
Trademark Costs Breakdown
Here’s what you should expect:
| Cost Type | Estimated Price |
|---|---|
| USPTO Filing Fee | $350 per class |
| Attorney Fees (optional) | $300 – $1,000+ |
| Trademark Search | $100 – $500 |
Total estimated cost: $350 – $1,500+
TM vs ® Symbol (Important)
- TM (™): Used before registration
- ®: Only after USPTO approval
Using ® without registration can lead to penalties.
Common Mistakes to Avoid
Avoid these if you want faster approval:
❌ Choosing a generic or descriptive name
❌ Skipping trademark search
❌ Filing under the wrong class
❌ Submitting incomplete applications
❌ Not responding to Office Actions
Do You Need a Trademark Attorney?
Technically, you can file yourself, but many applications get rejected due to technical errors.
Benefits of Hiring Experts:
- Accurate trademark search
- Proper classification
- Higher approval chances
- Office Action handling
This is why many businesses choose professional services to avoid delays and rejections.
International Trademark Protection
If you plan to expand globally, U.S. registration alone is not enough.
You can apply internationally through the Madrid Protocol, managed by the World Intellectual Property Organization.
Benefits:
- Single application for multiple countries
- Cost-effective
- Centralized management
How to Protect Your Trademark After Registration
Registration is not the end—you must actively protect it.
Key Steps:
- Monitor for infringement
- Send cease-and-desist letters
- Renew your trademark every 10 years
- File maintenance documents (5th–6th year)
Failure to maintain your trademark can result in cancellation.
Frequently Asked Questions (FAQs)
1. Can I trademark a name and logo together?
Yes, but it’s better to file them separately for stronger protection.
2. Can I trademark a name that already exists?
Only if it’s in a different industry and not confusingly similar.
3. Do I need a logo to file a trademark?
No, you can file a wordmark (name only).
4. What if my trademark is rejected?
You can respond to the Office Action or refile with corrections.
5. Is a trademark valid worldwide?
No, protection is country-specific unless filed internationally.
Final Thoughts
Trademarking your business name and logo is one of the smartest investments you can make. It not only protects your brand legally but also strengthens your credibility and long-term growth potential.
If you’re serious about building a recognizable and secure brand, don’t delay the process. The sooner you register your trademark, the sooner you gain exclusive rights and peace of mind.
Need Help Filing Your Trademark?
If you want to avoid costly mistakes and get your trademark approved faster, working with professionals can make a huge difference.
At Sacramento Trademark Lawyer, we help businesses:
- Conduct deep trademark searches
- File accurate USPTO applications
- Handle Office Actions
- Secure trademarks efficiently
Get started today and protect your brand the right way.