How to trademark your brand name (and when it's worth it)

You’ve built a name people recognize. Maybe it’s your creator handle, your freelance studio, or the product line you’re about to launch. Then one day you see someone else using something very close to it.

A registered trademark is how you protect that name. It’s also a real cost in time and money, and it isn’t the right move for everyone right away.

Here’s what a trademark does, how the US filing process works, and how to decide if it’s worth it for you.

Quick note: this is general information, not legal advice. Trademark law gets nuanced fast, so talk to a trademark attorney for anything important.

What a trademark actually protects

A trademark protects a name, logo, or slogan that identifies who is selling specific goods or services. It’s about avoiding customer confusion over the source.

Two things people get wrong:

• It doesn’t give you the word everywhere. The USPTO is clear that you don’t own a word or phrase in general, only how it’s used with your specific goods or services. A clothing brand and a software company can sometimes use similar names without conflict.
• It doesn’t protect your content. Your videos, photos, and writing are covered by copyright. Your business name and logo are trademark territory. For protecting the content itself, see how to watermark your content and what to do if your content gets leaked.

You also get some rights just from using a name in business, sometimes called “common law” rights. They’re usually limited to the areas where you actually operate. Federal registration gives you much stronger, nationwide protection and makes it easier to enforce your rights, including getting copycat accounts or listings taken down on many platforms.

Is it worth it for you?

Consider registering when:

• You’re selling products or plan to, like merch, digital products, a course, or a physical product line
• Your brand name is the business, and losing it would hurt
• You’re investing real money in branding, packaging, or a website
• You’ve seen copycats or you’re in a crowded niche
• You’re growing and want to license the name or expand later

It can wait when:

• You’re still testing the idea and might change the name
• Your name is purely your personal legal name and you’re not building a product brand around it
• The name is very generic or descriptive, which is often hard to register anyway (think “Best Fitness Coaching”)

Step 1: Search before you fall in love with a name

Before you file, search the USPTO’s free Trademark Search system to see if anyone has registered or applied for something similar.

Don’t just search your exact name. The test is “likelihood of confusion,” which means similar-sounding names, alternate spellings, and related goods or services can all block you.

Search for:

• Your exact name
• Spelling variations and plurals
• Names that sound the same
• Similar names used for related goods or services

Also do a regular web search, check social handles, look up your state’s business name records, and search major online marketplaces. Someone using a name without registering it can still have rights.

Step 2: Pick your classes

Trademarks are registered by class, which is a category of goods or services. There are 45 classes, and you pay per class. Common ones for creators and small businesses include:

• Class 41: entertainment and education services, like online content, courses, and coaching
• Class 35: advertising, marketing, and business services
• Class 25: clothing, if you sell merch
• Class 9: downloadable content, like digital guides or apps
• Class 3: cosmetics and skincare

Only file in the classes you actually use or genuinely plan to use. More classes means higher fees, and you’ll need to prove use in each one eventually.

Use the USPTO’s ID Manual to describe your goods and services with pre-approved wording. Writing your own description can trigger extra fees and more back-and-forth.

Step 3: Choose your filing basis

You’ll typically file based on one of two things:

• Use in commerce: you’re already selling under the name. You’ll submit a “specimen,” which is proof of how you use the mark, like a product tag or a webpage showing the name with your services.
• Intent to use: you plan to use it soon. This reserves your spot in line, but you’ll need to file proof of use later, with an additional fee.

Step 4: File with the USPTO and budget for fees

You file online through the USPTO. Fees are charged per class, and there are surcharges for incomplete or custom descriptions.

As of our 2026 check, the USPTO’s trademark fee information page listed a $350 base application fee per class, plus possible surcharges, for example if your application is missing information or you write free-form descriptions instead of using the ID Manual. Intent-to-use filings add more fees later. USPTO fees change, so always check that page before you file.

Also budget for:

• Attorney fees, if you use one
• Maintenance filings after registration. Registrations have to be maintained with periodic filings and fees, including a renewal every 10 years, or they’re canceled.

Step 5: Wait, and respond

This is not fast. After you file, a USPTO examining attorney reviews your application. You might get an “office action,” which is a letter listing problems you have to fix or argue against by a deadline.

If approved, your mark is published so others can oppose it. If nobody does, and you’ve shown use, it registers.

The whole process usually takes many months, often around a year or longer. The USPTO posts current averages on its trademark processing wait times page.

Watch out for scams. After you file, your application becomes public, and you may get official-looking letters or emails asking for payment for “registration” or “monitoring.” Official USPTO communications come from the USPTO. When in doubt, check your application status directly on USPTO.gov.

TM vs. ®: which symbol to use

• TM (for goods) or SM (for services): you can use these anytime to show you claim the name as your brand, even without filing.
• ®: only after the USPTO registers your mark, and only for the goods and services listed in the registration. Using ® before registration is a mistake to avoid.

When to use an attorney

You can file on your own if you’re based in the US. But a trademark attorney is worth considering when:

• Your search turned up similar names and you’re not sure if they’re a problem
• Your name might be considered descriptive
• You’re filing in several classes or for a valuable brand
• You get an office action you don’t understand
• Someone opposes your application or you need to send a cease-and-desist

If you live outside the US, this isn’t optional. The USPTO says foreign-domiciled applicants must be represented by a US-licensed attorney. Where you’re domiciled, not where your customers are, is what counts.

Many trademark attorneys offer flat-fee packages for a search and filing. Get a quote upfront.

Your trademark checklist

• Decide if the name is core to your business and worth protecting now
• Search the USPTO database, plus the web, social platforms, and marketplaces
• Pick only the classes you actually use or plan to use
• Describe goods and services with ID Manual wording
• Choose “use in commerce” or “intent to use”
• Check the current USPTO fee page and budget for attorney and maintenance costs
• Use TM or SM now, and ® only after registration
• Watch your email for office actions and ignore scam letters
• Hire an attorney for tricky searches, office actions, or if you’re outside the US

A trademark won’t make your brand successful. But once your brand is successful, it’s what makes sure the name stays yours.