Should You Trademark Your Business Name? A Practical Guide to Why—and When—to File

JAWEDF
Oct 3
4 min read

This article offers general information for U.S. businesses. It isn’t legal advice.

If your brand name, logo, or slogan is central to your business—and you plan to sell beyond a small local area—you should seriously consider federal trademark registration before (or as soon as) you launch. Registration gives broader, clearer rights and better enforcement tools than relying on unregistered “common‑law” rights. USPTO

What a trademark really is (and isn’t)

A trademark is any word, phrase, symbol, design or combination, that identifies the source of your goods or services. It can even be a sound, a color, or a scent, if it tells consumers who you are. That’s different from a business name or domain registration, which doesn’t by itself grant brand‑use rights. USPTO+2USPTO+2

Why registration matters

Federal registration with the USPTO can provide:

Nationwide priority and public notice of your claim to the mark.
A legal presumption that you own the mark and the right to use it for listed goods/services.
The right to use the ® symbol (versus ™/℠ for unregistered marks).
Access to federal court and other remedies; eligibility to record with U.S. Customs to help block counterfeit imports. USPTO+2USPTO+2

If you skip federal registration, you still gain common‑law rights through use but those are generally limited to the geographic areas where you actually operate, making expansion riskier. USPTO

When to consider filing

File early if any of these are true:

You’re naming or rebranding and haven’t launched yet. The USPTO offers an intent‑to‑use (ITU) filing so you can reserve rights while you prep to go to market. USPTO
You’ll sell beyond one city/state (e.g., e‑commerce or multi‑location growth). Common‑law rights may be too narrow for your footprint. USPTO
You’re investing heavily in packaging, signage, or marketing—protect that spend with clearer rights. USPTO
You’ll sell on major marketplaces. For example, Amazon Brand Registry requires a registered or (in some cases) pending trademark. Sell on Amazon+1
You plan to go international. The Madrid System lets you extend protection to many countries through one application tied to your U.S. filing. WIPO+1
Your products are counterfeiting targets. Registration enables CBP recordation, helping border agents detain infringing imports. USPTO

What you can trademark

Words & logos (e.g., a brand name + stylized design).
Taglines/slogans.
Less traditional marks (sounds, colors, scents) when they function as source identifiers. These often require proof that consumers link the feature to your brand. USPTO+1

Tip: A plain word mark (standard characters) usually covers more uses than a specific logo version. File the word if distinct—and add a logo filing when the design carries value. USPTO

Before you file: make your mark registrable

Choose a strong name. Fanciful, arbitrary, or suggestive marks are easier to register and defend than descriptive or generic terms. COPPERTONE for sun care (suggestive) is registrable; BRONZER for sun oil (descriptive/generic) is weak or unregistrable. USPTO
Search for conflicts. Start with a USPTO search and expand to a broader clearance search (common‑law, web, marketplace, domain, and social). Your goal is to avoid likelihood of confusion with earlier marks. USPTO+2USPTO+2
Define your goods/services and classes. Fees are per class, and your rights tie to the goods/services you list. There are 45 international classes covering all goods and services. USPTO+1

How timing works (U.S.)

Two filing bases:
- Use in commerce (you’re already using the mark).
- Intent to use (you’ll use it later; you’ll submit proof of use before registration). USPTO
Timeline: Examination and registration take months; current average wait times are published by the USPTO and do change—check the latest table before planning a launch that depends on registration. USPTO
After five years of continuous use post‑registration, you may file a Section 15 “incontestability” declaration to strengthen your registration against many challenges. (This is optional but powerful.) USPTO+1

Costs (at a glance)

USPTO fees are per class and have changed for 2025 (for example, the office consolidated application options). Always confirm the current fee schedule and rules before filing. USPTO+1

™, ℠, and ®: which symbol and when?

Use ™ (goods) or ℠ (services) any time you claim a mark, even before filing.
Use ® only after your federal registration issues, and only for the goods/services covered. The USPTO’s own materials explain this convention clearly. USPTO

Federal vs. state vs. “do nothing”

Common‑law only (do nothing): Free, automatic through use, but geographically narrow and murky to enforce. USPTO
State registration: Faster and cheaper, but protection is limited to that state—often insufficient for online or multi‑state sellers. USPTO
Federal registration (USPTO): Best for most growth‑minded brands because it provides nationwide rights and stronger remedies. USPTO

A quick decision checklist

Consider filing now if you can check any of these:

You plan to sell outside your immediate locality or online. USPTO
Your brand name/logo is a core asset you’ll invest in (packaging, signage, ads). USPTO
You’ll expand into new product lines or markets under the same brand. USPTO
You need marketplace tools (e.g., Amazon Brand Registry). Sell on Amazon
You want international options via the Madrid System. WIPO
Your category faces counterfeiting or reselling risk (CBP recordation). USPTO

A simple, smart filing plan

Name smart: Aim for distinctive, non‑descriptive names. USPTO
Knockout + clearance search: Check USPTO and broader uses. USPTO+1
Map goods/services and classes: Don’t over‑ or under‑claim. USPTO
Choose filing basis: Use‑based or ITU. USPTO
Apply and monitor: Track status; respond to any Office Actions. USPTO
Use the mark correctly: Use ™/℠ now; switch to ® after registration. USPTO
Enforce and expand: Consider CBP recordation and, if needed, Madrid filings abroad. USPTO+1
Maintain: File required renewals—and consider incontestability at year five. USPTO

If your growth plan or marketing spend depends on your brand, registering a trademark is one of the most cost‑effective moves you can make. File early, choose a strong mark, and define your goods/services carefully the three biggest drivers of smooth registration and useful protection.