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How to trademark a business name (and what it means for your domain)

Search the USPTO database for similar names in your field, list your goods or services by class, then file in USPTO Trademark Center: $350 per class, plus surcharges for free-form descriptions. The first review takes about 4 months and a final decision about 10. A domain gives you no trademark rights, but a trademark can win a domain back.

Updated October 27, 2026 · 14 primary sources, listed below

The five steps

Search for conflicts, not just exact matches. Use the free USPTO Trademark Search. The examiner refuses marks with a likelihood of confusion: similar in sound, look or meaning, for related goods or services. Search spelling variants and sound-alikes in your field. How to run all three checks (USPTO, state, domain): how to check if a business name is taken.
List what you sell, by class. Every good or service sits in one of 45 Nice classes (goods in 1 to 34, services in 35 to 45; the 2026 edition is current). Downloadable software is class 9, software design and hosted software services class 42, advertising and retail services class 35. You pay per class, so file only the ones you actually use.
Pick a filing basis. Already selling under the name: file on use in commerce, with a specimen showing it. Not yet: file on a bona fide intent to use, then prove use later.
File in Trademark Center. It is now the only way to apply, and needs a USPTO.gov account with two-step verification. US residents can file alone, though the USPTO strongly encourages a trademark attorney; anyone domiciled abroad must use a US-licensed one.
Answer the examiner, then wait out publication. An office action must be answered within three months. Approved marks are published in the Official Gazette, and anyone has 30 days to oppose (USPTO trademark process).

What it costs

Fee (per class)	Amount	When
Base application, descriptions picked from the ID Manual	$350	At filing
Writing your own description in the free-form box	$200	At filing, on top of the base fee
Application missing required information	$100	At filing, on top of the base fee
Statement of use (intent-to-use filings only)	$150	Once you start using the name
Six-month extension to file the statement of use	$125	Each time you need more time
Section 8 declaration of use	$325	Between years 5 and 6
Section 8 declaration plus Section 9 renewal	$650	Between years 9 and 10, then every 10 years

Electronic filing fees from the USPTO fee schedule. One class filed cleanly on use costs $350; keeping it registered for its first ten years adds the two maintenance filings, $1,325 in USPTO fees per class in total. Attorney fees are extra and vary. Miss a maintenance deadline and there is a six-month grace period for a surcharge, then the registration is cancelled.

How long it takes

The USPTO’s pendency dashboard (data as of October 1, 2026) puts the average at 4.3 months from filing to the first examiner action and 10.4 months to registration or abandonment. Intent-to-use filings take longer: a notice of allowance arrives about eight weeks after publication, then you have six months to file the statement of use, extendable for $125 per class each time.

Mail or calls demanding a fee for your application are often not from the USPTO. It never asks for payment information by phone, email or text.

What a trademark means for your domain

A domain is not a trademark. The USPTO says registering a domain gives you no trademark rights, and you can be required to surrender one that infringes someone’s mark. Using the name prominently on your goods or services, not just in the web address, is what can make it a mark.
Get the domain first. It is the cheapest piece and the fastest to lose: registering it takes minutes, a trademark takes most of a year. Check the name on every ending at once below.
A registered mark lets you fight cybersquatters. Under ICANN’s UDRP, you can have a domain cancelled or transferred if it is identical or confusingly similar to your mark, the holder has no legitimate interest in it, and it was registered and is used in bad faith. All three must be proved.
It gets you first pick on new endings. Record a registered mark with the Trademark Clearinghouse and you can register matching names in each new generic TLD’s sunrise period (at least 30 days before the public), and you are notified when someone registers a match during the claims period (at least the first 90 days of general availability).
Only use ® once it registers. TM (goods) or SM (services) is fine any time; ® is only for registered marks, on the goods or services listed.

Live check against the registries and registrars, with the cheapest price we found and the renewal next to it.

Do you need the .net and .co too? See whether to buy other endings to protect your brand. Still choosing the name? Start with how to come up with a business name, then how to choose a domain name.

Common questions

How much does it cost to trademark a business name?

At the USPTO, $350 per class of goods or services when you pick descriptions from the ID Manual. Writing your own description in the free-form box adds $200 per class, and an incomplete application adds $100 per class. Filing on intent to use adds $150 per class for the statement of use later.

How long does it take to get a trademark?

The USPTO reports an average of 4.3 months from filing to the first examiner action and 10.4 months to registration or abandonment (data as of October 1, 2026). Publication adds a 30-day window for anyone to oppose, and intent-to-use filings wait until you prove use.

Can I trademark a name I haven't started using yet?

Yes. File on a bona fide intent to use the name in commerce. If nobody opposes, the USPTO issues a notice of allowance about eight weeks after publication, and you then have six months to file a statement of use or a $125-per-class extension request.

Do I need a lawyer to trademark a business name?

Not if you live in the US or its territories, though the USPTO strongly encourages hiring a US-licensed trademark attorney. Applicants domiciled outside the US must be represented by one.

Does registering a domain or an LLC give me a trademark?

No. The USPTO says registering a domain name gives you no trademark rights, and you can later be required to surrender a domain that infringes someone's mark. A state LLC or DBA filing protects the name only in that state's business registry.

When can I use the ® symbol?

Only after the USPTO registers your mark, and only on the goods or services listed in the registration. Before that you can use TM for goods or SM for services, with or without a pending application.

Can a trademark get me a domain someone else registered?

Sometimes. Under ICANN's UDRP you must show the domain is identical or confusingly similar to your mark, the holder has no legitimate interest in it, and it was registered and is being used in bad faith. If the holder registered it in good faith, the complaint fails.

Sources we checked

USPTO, “Trademark process” (retrieved October 27, 2026).
USPTO, “USPTO fee schedule (trademark fees)” (retrieved October 27, 2026).
USPTO, “Trademarks pending application timeline (data as of October 1, 2026)” (retrieved October 27, 2026).
USPTO, “Trademark Center updates and training” (retrieved October 27, 2026).
USPTO, “Nice Agreement current edition (NCL 13-2026): class headings” (retrieved October 27, 2026).
USPTO, “Keeping your registration alive” (retrieved October 27, 2026).
USPTO, “What is a trademark? (TM, SM and ® symbols)” (retrieved October 27, 2026).
USPTO, “Why hire a private trademark attorney” (retrieved October 27, 2026).
USPTO, “Likelihood of confusion” (October 22, 2026).
USPTO, “Trademark Search” (retrieved October 27, 2026).
USPTO, “Recognizing common scams” (retrieved October 27, 2026).
ICANN, “Uniform Domain Name Dispute Resolution Policy” (February 21, 2024).
Trademark Clearinghouse, “Sunrise Service” (retrieved October 27, 2026).
Trademark Clearinghouse, “Trademark Claims Service” (retrieved October 27, 2026).

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