How to Trademark a Name: The 6-Step Process

Trademarking a name is a legal process wearing a form's clothing. Here are the six real steps — including the two that DIY filers skip.

The 6 steps

1. Clearance search. Not just typing the name into the USPTO database — a real search covers similar spellings, sounds, translations, and unregistered (common-law) uses. This is the step that prevents the expensive surprise.
2. Choose classes and identification. Which of the 45 classes fit your goods/services, and how they're described. Wording matters — too narrow underprotects, too broad invites refusal.
3. Pick your filing basis. Already selling under the name? That's "use in commerce." Launching soon? "Intent to use" holds your place, with proof of use filed later.
4. File and wait for examination. A USPTO examining attorney reviews the application — currently reaching it several months after filing.
5. Answer any office action. Refusals and objections are common and usually answerable — see our office action guide.
6. Publication and registration. The mark publishes for 30 days of potential opposition, then registers. Renewals run at years 5–6 and every 10 years.

The step-zero most people miss: file before you announce. The US is first-to-file in practice — the trademark squatter who sees your launch post can beat you to the office.

Costs and help

Budget expectations live in our trademark cost guide. When you're ready, a free consultation with a licensed attorney turns this checklist into a filing strategy for your specific name.