- Company name, domain or trademark: the difference
- Step 1: check the name is available
- Step 2: choose your classes
- Step 3: file the application
- What makes a name easy to register
- Step 4: deal with objections and oppositions
- Step 5: use it and keep it
- Planning to sell abroad?
- Filing yourself or using a service
- Protect the rest of your brand too
- Frequently asked questions
To trademark a business name, search the official database for similar marks, choose your classes, then file online with the USPTO in the US or the Intellectual Property Office in the UK. A company name or domain on its own doesn't stop others using your name as a brand.
You can spend months building a brand, only to get a letter from someone who registered the name first. Registering a company name or buying a domain doesn't stop that. A trademark is what gives you the right to stop others using your business name for similar goods or services. The good news is that you can file one yourself in the US or the UK, as long as you do the groundwork first.
This is general information, not legal advice. For anything contested or high value, speak to a trademark attorney.
Company name, domain or trademark: the difference
| What you have | What it does | What it doesn't do |
|---|---|---|
| A registered company or LLC name | Lets you trade under that name in your state or country | Stop someone else using it as a brand |
| A domain name | Gives you the web address | Give you rights over the name itself |
| A registered trademark | Protects the name for the goods and services you list | Cover every product or every country |
Step 1: check the name is available
Search the official databases first. In the US, use the USPTO trademark search. In the UK, use the Intellectual Property Office's search. Look for identical names and for names that look or sound similar in the same field, because a name close enough to confuse customers can block yours. Then search Google, social media and app stores, since some people use a name for years without registering it, and that use can still give them rights.
If you haven't settled on a name yet, my free business name generator gives you ideas to test.
Step 2: choose your classes
Trademarks are registered by class. The international Nice Classification has 45 classes: 34 for goods and 11 for services. A marketing consultancy might sit in class 35, software in class 9 or 42, and clothing in class 25. Pick the classes for what you sell now and what you plan to sell soon. Choosing too few leaves gaps, and choosing too many adds work and can invite objections.
Step 3: file the application
In the US
You file online with the United States Patent and Trademark Office. You'll choose a filing basis: use in commerce if you already sell under the name, or intent to use if you plan to. If you live outside the US, you'll need a US-licensed attorney to file for you. An examining attorney then reviews the application, which can take several months.
In the UK
You file online with the Intellectual Property Office. An examiner checks the application against the rules and against earlier marks, and then the mark is published so others can oppose it. The opposition period is two months, and it can be extended to three.
What makes a name easy to register
Invented words, such as Kodak, and unexpected words, such as Apple for computers, are the easiest to protect. Names that describe what you do, such as Fast Plumbing, are the hardest, because other businesses need those words too. If you're still choosing, favour a name that's distinctive in your field.
Step 4: deal with objections and oppositions
Don't panic if you get an objection. Common ones are that the name is too descriptive, such as Best Cakes for a bakery, or too close to an existing mark. You can often respond with arguments or by narrowing your list of goods and services. An opposition from another business is more serious, and that's the point where most people bring in an attorney.
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Step 5: use it and keep it
- Use the ™ symbol on an unregistered mark to show you claim it.
- Switch to ® only once the mark is registered. In the UK, falsely presenting a mark as registered is an offence.
- In the US, file the required maintenance documents between the fifth and sixth year after registration, and renew every 10 years.
- In the UK, a registration lasts 10 years and can be renewed indefinitely.
- Watch for copycats and act early, because a mark you don't enforce gets weaker.
Planning to sell abroad?
A trademark only protects you in the countries where it's registered. A UK registration doesn't cover the US, and a US registration doesn't cover the UK or the EU. If you sell internationally, the Madrid System, run by the World Intellectual Property Organization, lets you use one application to seek protection in many countries, based on your home registration. Each country still examines the application under its own rules. Think about your biggest markets for the next few years and start there, rather than trying to cover the world on day one.
Filing yourself or using a service
Simple applications for a distinctive name in one country are manageable on your own. Online legal services such as LegalZoom and Rocket Lawyer offer guided filing, and trademark attorneys handle searches, strategy and objections. If your name is central to the business, or you plan to expand abroad, paying for professional advice early is often cheaper than rebranding later.
Protect the rest of your brand too
A name is one part of your brand. Your logo can be registered as a separate mark, and your content is protected by copyright as soon as you create it, as I explain in my guide on whether online blog posts are protected by copyright. If you're setting up in the US from abroad, my guide to setting up a US LLC as a non-US resident covers the company side.
Frequently asked questions
How do I trademark a business name?
Search the official trademark database for similar names, choose the classes for your goods and services, then file online with the USPTO in the US or the Intellectual Property Office in the UK. Respond to any objections, and the mark is registered once examination and any opposition period are complete.
Does registering a company name give me a trademark?
No. A company or LLC registration lets you trade under the name, but it doesn't stop someone else using it as a brand. A trademark gives you that right for the goods and services you register.
Can I trademark a name myself?
Yes, in both the US and the UK, as long as you're comfortable searching and choosing classes. If you live outside the US and want a US trademark, you'll need a US-licensed attorney to file.
How long does a trademark last?
A UK registration lasts 10 years and can be renewed. A US registration can last indefinitely, as long as you keep using it, file maintenance documents between years five and six, and renew every 10 years.
