When starting a new business, one of the most important steps is to select a unique business name that reflects your brand, resonates with your audience, and helps distinguish you from your competitors. However, choosing a name is only part of the process. It’s equally crucial to register or trademark your business name to protect it legally and ensure that no one else can use it. In this article, we’ll walk you through the steps of how to register or trademark your business name and why it’s necessary.
What Is a Business Name Registration?
Business name registration is the process of officially recording your business name with the government or a relevant local authority. This is important because it lets the government know that you are conducting business under a specific name. However, registering a business name doesn’t automatically give you exclusive rights to the name. It simply makes it a matter of public record that you are operating under that name.
What Is a Trademark?
A trademark is a unique symbol, word, design, or a combination of these elements that identifies your business or products and differentiates them from competitors. Trademarks offer stronger legal protection than a business name registration because they grant exclusive rights to use the mark in connection with the goods or services you’re offering.
In other words, while a business name registration may establish the name as yours within a given jurisdiction, a trademark protects the intellectual property and ensures no one else can use a name that’s confusingly similar to yours in the marketplace.
Steps to Register Your Business Name
- Choose a Unique and Distinctive Name The first step is selecting a name that is distinct and represents your business’s values, products, or services. It’s essential to make sure the name isn’t already in use by another company. Conduct thorough research to avoid issues later on.
- Conduct a Name Search Before proceeding with registration, you need to ensure that your business name isn’t already taken by someone else. This is typically done through a name search tool provided by your country or state’s business registration office or trademark office.
For example, in the United States, you can use the U.S. Patent and Trademark Office’s (USPTO) Trademark Electronic Search System (TESS) to search for existing trademarks. Many local or state governments also offer business name search tools on their websites.
- Register the Business Name Once you’ve confirmed your name is unique, you can register it with the appropriate authority. If you’re in the United States, you’ll need to file your business name with your state’s Secretary of State office or a similar entity. This is typically done online, and you will need to provide the name of your business, your business structure (LLC, Corporation, Sole Proprietor, etc.), and some basic information about your operations.
The cost of registration can vary depending on your location, but it typically ranges from $10 to $100. The registration will allow your business name to be recognized legally within that state or jurisdiction.
- Obtain a Doing Business As (DBA) Name (if applicable) If you’re running a sole proprietorship or partnership and want to operate under a business name other than your personal name, you’ll need to file for a “Doing Business As” (DBA) name, also called a trade name. This step ensures that the name you use publicly matches your legal entity. The process is often the same as registering a business name.
Steps to Trademark Your Business Name
- Determine if Trademark Protection Is Right for Your Business Registering a trademark for your business name is generally a smart move if you’re serious about protecting your brand identity. If your business is operating nationally or if you plan to expand, securing a trademark is highly recommended. Unlike business name registration, a trademark provides nationwide protection.
- Conduct a Trademark Search Before applying for a trademark, you should conduct a trademark search to ensure that your business name isn’t already registered as a trademark. The USPTO offers a free online search tool, TESS (Trademark Electronic Search System), where you can look for existing trademarks that may be similar to yours.
Keep in mind that even if a name is registered as a business name at the state level, it may still be in conflict with a federally registered trademark.
- File a Trademark Application If your name is available, you can apply for federal trademark protection through the USPTO. The application can be completed online through the USPTO’s Trademark Electronic Application System (TEAS). You’ll need to provide:
- The name or logo you wish to trademark
- The goods or services with which the name will be used
- A description of how the mark will be used
- A specimen or sample of how the trademark is used (such as product packaging, website screenshots, etc.)
You can also choose between two types of applications: one for businesses that have already started using the trademark in commerce (use-based) and one for businesses that intend to use the trademark in the future (intent-to-use).
- Pay the Trademark Application Fee The cost of filing a trademark application varies depending on the type of application you submit and the number of classes of goods or services you select. As of 2025, the USPTO’s fees range from $250 to $350 per class of goods or services.
- Wait for Approval After submitting your application, it will be reviewed by a USPTO examining attorney, who will look for any conflicts with existing trademarks. If your application is approved, it will be published in the USPTO’s Official Gazette for opposition. If no one opposes the trademark within 30 days, it will be registered, and you’ll receive a Certificate of Registration.
The entire process typically takes between 6 months and a year, depending on the complexity of the application.
Benefits of Trademarking Your Business Name
- Exclusive Rights: A trademark grants you exclusive rights to use the name or logo in commerce, preventing others from using a similar name in the same industry.
- National Protection: With a federal trademark, you get nationwide protection, even if you expand to other states or countries in the future.
- Brand Recognition: A trademark registration online can boost your brand’s credibility and help you build a recognizable identity in the marketplace.
- Legal Recourse: Trademark protection allows you to take legal action against others who infringe on your trademark.
Conclusion
Registering or trademarking your business name is a critical step in establishing and protecting your brand. While registering your business name ensures that your business is legally recognized, trademarking provides more comprehensive protection by granting you exclusive rights to use the name or logo. By taking the necessary steps to protect your business name, you can safeguard your brand and help it grow confidently in the marketplace.
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