Frequently Asked Questions

To trademark a name, ensure it’s unique, file an application with the relevant trademark office, and follow the review and opposition process. Once registered, maintain and enforce your trademark rights. Keep in mind that consulting an attorney can simplify the process.

A detailed explanation: trademarking a name

1. Make sure your name stands out

Before you dive into the trademarking process, take some time to confirm your name is unique.

• Check for similar names
  Use a trademark database. Look for anything that sounds, looks, or feels similar to your name, especially within the same industry.

• Avoid common pitfalls
  Names that are too generic or purely descriptive might not qualify for trademark protection. Your name should be memorable and distinctive.

• Think about your industry
  Trademarks are applied to specific categories of products or services. Your name just needs to be unique in your category — not in the entire world.

2. File your application

Once you’re confident your name is unique, it’s time to apply for a trademark.

• Pick the right trademark office
  File with the office that covers where you want protection. For example, use the USPTO for the U.S. or the EUIPO for Europe.

• Gather the necessary info
  You’ll need to provide the name you want to trademark; the category of goods or services it applies to; and evidence of how the name is being used.

• Pay the filing fees
  Fees vary depending on the trademark office and the number of categories you’re filing under. Make sure to budget accordingly.

3. Navigate the trademark process

After you file, the trademark office gets to work.

• Review and feedback
  An examiner will review your application. If they find any issues — like your name being too similar to an existing trademark — they’ll send you an “office action” explaining the problem. Don’t worry, you’ll have a chance to respond and fix things.

• Public review period
  If your application looks good, it’ll be published for a public review period. This gives others a chance to object if they think your trademark infringes on theirs.

• Final approval
  If there are no objections, your trademark gets approved and officially registered. 

Note: For those domiciled outside the US, the USPTO requires applicants be represented by an US attorney. Those living in the US may file on their own, but according to the USPTO, “we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you through the registration process.”