How to Trademark a Name: Protect Your Brand
Your business name is one of your most valuable assets — but not every name qualifies for trademark protection. Here's what the USPTO looks for, which names are easiest to register, and how to file when you're ready.
What kinds of names can be trademarked?
A name qualifies for trademark registration if it is:
- Distinctive — it functions as a source identifier, not just a description
- Used in commerce — or you have a genuine intent to use it
- Not confusingly similar to an existing registered mark in a related class
The most important factor is distinctiveness. The more distinctive your name, the stronger and easier to register it will be.
The distinctiveness spectrum — what matters most
The USPTO evaluates names on a spectrum from strongest to weakest. Your name's position on this spectrum determines whether it can be registered — and how strong your protection will be:
Business name vs. personal name — different rules apply
Business registration ≠ trademark registration
This is one of the most common misconceptions. When you register your LLC, corporation, or DBA with your state, you are not getting trademark rights. You're just registering a business entity. Another company can still operate under the same name in a different state — or even your state, if they sell different products.
Federal trademark registration is the only way to get nationwide rights that prevent others from using a confusingly similar name in your industry — regardless of where they're incorporated.
How to trademark your name: the steps
Related guides
Search your name before someone else takes it
Run a free search on Searchmarq to check whether your name is available — then file your application in minutes.