How to Register a Trade Name With the United States Government

Registering your trade name protects your rights to that name across the country.

While there are no legal requirements that a business register its trade name, the benefits of registration cannot be ignored. At the most basic level, registration prohibits other businesses from using your trade name without your permission.



More important, in any dispute over trade names, registration strengthens your case by certifying your rights to use. Filing for registration with the United States Patents and Trademark Office (USPTO), has the added benefit of protecting your rights to your trade name not only in your main state of doing business but nationwide.

Things You'll Need

• Trade name
• Description of goods or services you plan to provide
• Design or graphic of your trade name

Instructions

1. Choose a trade name and check on its availability. Consult the USPTO's online Trademark Electronic Search System (TESS) database. If a trade name has already been registered you will not be able to use that name. If a trade name has already been reserved you can check on its status via the USPTO's Trademark Applications and Registration Retrieval (TARR) database. It may still be possible to use your chosen trade name if an application has been denied or abandoned.

2. Write a description of the goods or services your trade name will be connected to. The USPTO requires that each trademark include a description of what it will used with. For example, if your business is computers, your description for your trade name might be as simple as "computers," "computer monitors," or "computer keyboards."

3. Create a graphic or picture of your trade name. A trade name will not be accepted without a depiction. According to the USPTO, a mark's graphic is one means it uses to enter a mark's information into search records. You can create either a "stylized" mark that is your own design or a "standard" mark which uses "words, letters, and/or numbers" as a representation of your trade name.

4. Obtain a trademark application. This is available online via the USPTO's Trademark Electronic Application System (TEAS) website. There are two different application forms. The TEAS Plus requires more more detailed information to complete but has a lower filing fee. The TEAS is less detailed, available only if you can satisfy the minimum requirement of the application and has a higher filing fee. Read the instructions carefully before starting.

5. Fill out the application and file online. You will be required to include an application fee ($275 for the TEAS Plus or $325 for the TEAS).

   If there are any questions about your application, you will be notified by a USPTO attorney. A final decision on your application should be made within four months after submitting your application. However, you can check the status of your application via the TARR database.

References

• USPTO: Where Do I Start?
• USPTO: Trademark Electronic Search System (TESS)
• USPTO: Trademark Applications and Registration Retrieval
• USPTO: Trademark Electronic Application System