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"Should I trademark my business name?" is one of the most common questions new founders ask—and for good reason. Your business name is your brand identity, and protecting it matters.
Here's everything you need to know about trademarking, from when it's essential to when you can skip it (for now).
Quick Answer: Do You Need a Trademark?
You don't need a trademark to start a business, but you should get one if you're serious about building a lasting brand. Here's when it matters most.
You Should Trademark Your Business Name If:
Building a National/Global Brand
If you plan to operate beyond your local area, federal trademark protection is essential.
Raising Investment
VCs and investors often expect trademark registration as part of due diligence.
Selling Products Online
E-commerce brands need protection across state lines and on marketplaces.
Competitors Could Copy You
Without a trademark, stopping copycats is expensive and difficult.
You Might Skip It (For Now) If:
- You're testing an idea and might pivot
- Your business is purely local (one city/county)
- You have zero budget and need to prioritize survival
- The name is temporary while you validate the business
Common Law vs Federal Trademark: What's the Difference?
Common Law Trademark (Automatic)
You get basic trademark protection automatically when you start using your business name in commerce. No registration required.
| Aspect | Common Law Rights |
|---|---|
| Cost | Free |
| Coverage | Limited to your geographic area |
| Protection | Weak—hard to enforce |
| Symbol | ™ (anyone can use) |
| Proof | You must prove first use |
Federal Trademark (USPTO Registration)
Registration with the US Patent and Trademark Office provides the strongest protection.
| Aspect | Federal Registration |
|---|---|
| Cost | $250-350 per class |
| Coverage | Nationwide (USA) |
| Protection | Strong—legal presumption of ownership |
| Symbol | ® (registered only) |
| Proof | USPTO database is official record |
- First: Register your domain (someone can buy it anytime)
- Second: Start using your business name commercially
- Third: File for federal trademark within 1-2 years of launch
The Real Cost of NOT Trademarking
What happens if someone else trademarks your name first?
Pros
- ✓ Trademark gives you legal standing to fight
- ✓ Registered marks appear in USPTO searches (deterrent)
- ✓ You can license your brand for revenue
- ✓ Protection extends to variations and similar names
Cons
- ✗ Without trademark: expensive legal battles
- ✗ May be forced to rebrand ($200K+ average cost)
- ✗ Lose customer trust and brand equity
- ✗ Competitors can register YOUR name
Real Examples
| Company | What Happened | Cost |
|---|---|---|
| Burger King (Australia) | Couldn't use name—different company owned it | Rebranded to "Hungry Jack's" |
| iPhone | Cisco owned trademark, Apple had to negotiate | Undisclosed millions |
| Windows | Microsoft sued by Lindows for using similar name | $20M settlement |
How to Trademark Your Business Name (Step by Step)
Secure Your Domain First
Before anything else, register your domain. Domains get snapped up quickly, and unlike trademarks, there's no "first use" protection. Use namemyapp to find available names with domains.
Search USPTO Database
Visit USPTO TESS and search for your exact name and similar variations. Look for conflicts in your industry class.
Identify Your Trademark Class
Trademarks are registered by category (Nice Classification). Most tech companies need Class 9 (software) or Class 42 (SaaS services).
File Your Application
File online at USPTO.gov. Choose TEAS Plus ($250) for lower cost if your goods/services match pre-approved descriptions.
Respond to Office Actions
USPTO may request clarifications. Respond within 6 months to avoid abandonment.
Receive Registration
After approval and publication period, you receive your registration certificate (8-12 months total).
Trademark Classes for Tech Startups
| Class | Category | Examples |
|---|---|---|
| Class 9 | Software, apps, downloadable content | SaaS products, mobile apps, AI tools |
| Class 35 | Business services, advertising, marketing | Agencies, consultants, marketplaces |
| Class 42 | Technology services, platform access | Cloud hosting, API services, dev tools |
| Class 38 | Telecommunications, messaging | Communication apps, video conferencing |
| Class 41 | Education, entertainment | Online courses, content platforms |
If your product spans categories (e.g., software + services), you may need to register in multiple classes. Each class costs $250-350 additional.
Should I Trademark My Business Name? Decision Framework
Is your name unique/invented?
Yes: Easier to trademark, stronger protection. Proceed. No (descriptive): Harder to protect. Consider a more distinctive name.
Are you operating beyond one city?
Yes: Federal trademark recommended. No (local only): Common law may suffice for now.
Will you raise investment?
Yes: Trademark expected by investors. Do it. No: Optional but still recommended if building for the long term.
Do you have $350+ budget?
Yes: File now while the name is available. No: Start using the name (™) and file when you can afford it.
What About International Trademarks?
US trademarks only protect you in the United States. For international protection:
| Option | Coverage | Cost |
|---|---|---|
| Madrid Protocol | 130+ countries via single application | ~$600-1,500+ |
| Individual country filing | One country at a time | Varies ($200-2,000 each) |
| EU Trademark (EUTM) | All 27 EU countries | ~€850 |
Most startups should secure US trademark first, then expand internationally as they grow into new markets.
Frequently Asked Questions
Can I trademark a name that's already used by another company?
It depends. Trademarks are registered by class—you can have the same name as a company in a completely different industry. Delta Airlines and Delta Faucets coexist legally.
How long does a trademark last?
Federal trademarks last 10 years and can be renewed indefinitely. You must file maintenance documents at years 5-6 and renew at year 10.
Can I use ™ without registering?
Yes! The ™ symbol indicates you're claiming common law trademark rights. Anyone can use it. Only use ® after receiving federal registration.
What if someone is already using my business name?
If they have prior use, they may have rights even without registration. Consult a trademark attorney before proceeding.
Start With a Protectable Name
The best trademark strategy starts with choosing a distinctive, protectable name. Generic or descriptive names are nearly impossible to trademark.
namemyapp generates unique, brandable names that are easier to trademark and come with verified available domains.
Ready to Find Your Perfect Domain?
Generate AI-powered business names with guaranteed availability. No signup required.
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