{"id":5428,"date":"2021-09-16T10:44:39","date_gmt":"2021-09-16T15:44:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/starting-a-business\/how-to-trademark-a-business-name.html"},"modified":"2026-05-13T15:14:00","modified_gmt":"2026-05-13T20:14:00","slug":"how-to-trademark-a-business-name","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/starting-a-business\/how-to-trademark-a-business-name.html","title":{"rendered":"How To Trademark a Business Name"},"content":{"rendered":"\n
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How To Trademark a Business Name<\/h1>\n\n
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\n By Natalie Moritz<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Trademarking a business name involves research and registration. Entrepreneurs should determine if they need to register at the state or federal level and know how to take legal action to protect their mark.<\/p>\n\n <\/div>\n\n\n\n

Do You Need To Trademark Your Business?<\/h2>\n\n\n\n

Properly registered trademarks<\/a> provide exclusive legal rights and legal protection to use that business\u2019s names, symbols, and other unique marks. Owning a trademark allows the business to block another business from using it if it would confuse consumers<\/a>. It provides a way of enforcing those rights through various legal remedies<\/a> for trademark infringement<\/a>.<\/p>\n\n\n\n

A trademark is a business asset. Owning a federal trademark also protects against foreign products in the U.S., making it easier to secure international rights<\/a>. It also means that the trademark will show up in an internet search.<\/p>\n\n\n\n

Finally, it allows you to use the \u00ae trademark<\/a> symbol near the trademarked name, symbol, or unique mark.<\/p>\n\n\n\n

If you are a small business<\/a> with a limited customer base and one or two locations, you may not need to trademark your name right away. This is because you face less risk of others copying or imitating your business name. However, if you expand your business beyond your current location, you should secure a formal trademark<\/a>.<\/p>\n\n\n\n

Find Out if Your Name Is Available For Trademark<\/h2>\n\n\n\n

First, conduct a clearance search<\/a> to see if someone else has already trademarked, applied for a trademark, or registered your selected business name federally or in your state. The U.S. Patent and Trademark Office<\/a> (USPTO) and other organizations have trademark databases<\/a> of registered marks you can search to see if the name you have picked is available. The most up-to-date database will be the USPTO.<\/p>\n\n\n\n

The name cannot be identical to another trademarked name. It also cannot be so close to that name that there is a likelihood of confusion<\/a> between the two names for the same or similar goods or services. Even if a similar name doesn\u2019t show up on your search, it could lead to a trademark application rejection<\/a> later. The name may sound similar or translate to that name in another language.<\/p>\n\n\n\n

Once you clear this hurdle and have a name that qualifies for trademark protection, you can move through the following steps.<\/p>\n\n\n\n

Types of Trademarks and Protections<\/h2>\n\n\n\n

There are several types of trademarks and trademark-like actions that protect your intellectual property rights in your business marks. These are:<\/p>\n\n\n\n