How to Trademark a Business Name

Registering your trademark allows you to legally use the federal registration symbol. While you are waiting for your application's approval, continue using the "TM" symbol. Making your trademark official grants you other benefits as well, including the right to bring legal action against possible infringements and protection against importation of fake goods that use your business name. After you submit your application for your trademark, check on the status of your application every three to four months with the online Trademark Applications and Registrations Retrieval system (see Resources).

Instructions

1. Search for your business name in the U.S. Patent and Trademark Office's online Trademark Electronic Search System. The TESS search engine covers both approved and pending applications. Enter your business name into the search field to see whether that name already holds a registered trademark. The database will also show similar registered names; if you feel that your name is too similar to another one, you may decide to change it before registering it.

2. Go to the U.S. Patent and Trademark Office's website. Click on "Trademarks" and then on "TEAS."

3. Click on "Initial Application Form." Click on "Trademark/Service Mark Application, Principal Register.

4. Read the description of the TEAS Plus application. If you feel you can fulfill all the requirements, click on the circle next to that option. Otherwise, click on the circle next to "TEAS Form." Click "Continue."

5. Fill out the application, indicating who will own the trademark, the business name and the type of business. Provide your contact information. Continue to follow the on-screen prompts to complete and submit the application.

6. Write a declaration that states that you have already used this business name and when you first used it. Sign the statement. Include proof of the use in commerce of the business name, such as a photograph. Follow the application's instructions for submitting the declaration.

7. Pay the appropriate fee by credit card or check to trademark your business name. As of 2011, if you submitted a TEAS Plus application, the fee is $275 per class, while a regular TEAS application is $325 per class. A class refers to a different manner in which you use your business name in commerce. For example, if you use the name to sell shoes as well as software, these are two separate classes requiring two separate fees.

References

• U.S. Patent and Trademark Office: Start Here for First-Time Filers
• U.S. Patent and Trademark Office: Trademark Electronic Search System (TESS)
• U.S. Patent and Trademark Office: Initial Application Forms
• U.S. Patent and Trademark Office: Trademark/Service Mark Application, Principal Register
• U.S. Patent and Trademark Office: All About Trademarks

Resources

• U.S. Patent and Trademark Office: Trademark Applications and Registrations Retrieval (TARR)