How to trademark a business name with every step and cost
Short answer
To trademark a business name, check that no similar mark exists for related goods or services, file a trademark application for the name in the classes you trade in, and pay the official fee. Registering the company alone does not give trademark rights.
- Company registration and trademark registration are separate systems.
- Protect the trading name customers see, which may differ from the legal company name.
- One application covers one territory; file in each market you sell in.
The steps in order
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1
Decide which name to protect
Protect the brand customers see on products, the website and invoices, not the legal suffix (Inc, Ltd, GmbH).
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2
Check registries, not only company lists
A free company name can still clash with a registered mark. Run a trademark availability search in the markets you serve.
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3
List your goods and services
A software company typically files in classes 9 and 42, a shop in 35, a consultancy in 35 or 41. Use the Nice class guide.
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4
File in the applicant name you want
File in the name of the company that will own the brand. Moving a mark between companies later needs an assignment.
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5
Pay the official fee and track the application
Answer office actions on time and watch the publication period.
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6
Monitor and renew
Watch for similar new filings and renew every 10 years.
Why company registration is not enough
Incorporating a company or registering a trading name stops nobody from using a similar brand elsewhere, and it does not protect you against the owner of an earlier trademark. Only a trademark registration gives an exclusive right to use the name for specific goods and services across the territory of the office.
Marketplaces also rely on trademarks. Amazon Brand Registry, for example, asks for a registered mark or a pending application from an eligible office.
Business name trademark fees in 2026
Expect about 350 USD per class at the USPTO, 850 EUR for one class at the EUIPO and 170 GBP for one class in the UK. Full figures with sources are in the trademark registration cost guide.
Frequently asked questions
- Does an LLC or Ltd registration protect my business name?
- No. It registers the legal entity. Trademark rights in a brand come from a trademark registration and, in some countries, from use.
- Should the trademark be owned by me or by my company?
- Usually by the company that uses the brand, so the mark stays with the business if ownership changes.
- Can I trademark a business name that includes a place?
- Geographic words alone are usually refused as descriptive. Combined with a distinctive word they can be registered, with the place often disclaimed.
- What if someone already uses my business name?
- If they have an earlier registration in related goods or services, your application is likely to be refused or opposed. Consider a variation before you invest in the brand.
Keep reading
General information as of 2026, not legal advice. Trademarking is not a law firm. Official fees are set by each office and paid to the office directly.