How to Trademark a Company Name: Steps and Costs

You don't want to experience this: your product goes viral worldwide, but suddenly you find that others have hijacked your brand logo. This is truly a nightmare. It is possible to happen! Therefore, trademarking your company name and logo beforehand is a must!

A registration can protect your brand from infringing on similar marks. Also, it secures your exclusive rights in international markets so as to enhance your competitive edge. Therefore, there is no need to worry when doing business in multiple countries once you have a successful trademark registration. You may have many questions. How to trademark a company name? How much does it cost to trademark a company name? This guide will show you everything. Let's read on to explore!

What Is a Trademark?

A trademark is a unique and distinctive sign that sets your goods or services apart from the competitor. It can be any word, phrase, symbol, design, or combination of these things that identifies your goods or services. Therefore, when they see your logo on a product, they will immediately associate it with your business.

>> Further Reading: How One Simple Step Can Save Your E-commerce Business From Being Shut Down Overnight

Trademarks and Copyrights

Some of you might be confused between trademarks and copyrights. Although they are both related to intellectual property, they are different:

1. Trademarks mainly protect the "Brand", by covering names, logos, and slogans. This prevents consumers from confusing different brands. For example, a swoosh logo helps you recognize "Nike" easily.
2. Copyrights, however, apply to original creative works like books, songs, movies, and paintings. They safeguard creators' rights, stopping others from copying without authorization. So a novelist's work won't be stolen and a songwriter's tune stays on their own.

Guide to Trademarking a Company Name and Logo

In this part, we will walk you through how to trademark a company name and logo. Let's start with determining your trademark filing basis. Here is an overview.

Tips: If you have not yet started your business, it is recommended to use the intent-to-use basis to get a company name trademarked. Additionally, if you are unsure about your trademark application status or want to ensure a smooth registration process, consider using a professional trademark service provider, such as VATAi, to assist you with all related matters.

Step 1. Select Your Trademark

A distinctive trademark is ideal to select because it will accurately convey your brand and product characteristics which creates a lasting impression on consumers.

If you are planing to register a trademark, be sure to avoid designs that closely resemble existing trademarks or rely solely on generic or descriptive terms. Moreover, your selected trademark should not include prohibited elements, such as national names, flags, emblems, or misleading or offensive symbols.

You will also need to select the proper trademark class based on the goods or services you provide. This choice will directly affect the protection scope for your trademark. For instance, if you run a clothing business, it is recommended to choose a class that pertains to apparel.

Remember to conduct a comprehensive search with professional tools or official databases before application. This will help get rid of potential conflicts with existing trademarks and increase your chances of registration.

Step 2. Prepare and File Your Application

Once you have carefully selected your trademark and confirmed through a thorough search that it is unique, you are ready to prepare for the filing of an application. During the process, the following information is typically required:

1. Applicant's name, address, and email
2. A clear presentation or description of your trademark like the text or image
3. Your good or service classes under the trademark
4. Evidence of use

Step 3. Monitor and Wait for Approval

Once an application filed, it is not always approved. In fact, this is just the beginning of the trademark application process. If no response is received for a long time, don't worry. At this stage, the application enters the examination process, which usually lasts between 7 and 11 months.

The examining attorney will check whether the trademark meets the legal requirements for registration. If any information is unclear or problems are found, you will receive an Office Action, requesting supplements or amendments to address issues such as potential conflicts or incomplete information.

The waiting process can be anxiety-provoking, but you can visit the USPTO's website to stay informed about the trademark examination progress. After that, your trademark will start a 30-day publication period, during which any third party may oppose the registration. If no one objects, congratulations! Your mark is approved for registration!

Additionally, regularly monitoring your registration status is also crucial to keeping your trademark valid. You can check if a company name is trademarked through the TSDR system.

How Much Does It Cost to Trademark a Company Name?

"How much does it cost to trademark a company name?" is a common concern for many business owners. You may learn the application fee on some websites: $350 for Base electronic application and $850 for Base paper application.

However, unfortunately, the trademark registration fee increased from January 18, 2025, you may also need to consider possible additional trademark-related fees, such as the statement of use (SOU) fee, registration renewal application fee, and declaration of use fee.

FAQs About Trademark Registration

Q1. How long does it take to trademark a company name?

The entire process of trademarking a company name usually takes 12-18 months, including all stages from submitting the application to final approval. Here are the approximate timelines for each stage of the trademark registration process:

1. Official filing receipt received: 3-5 working days
2. Examination period: 7-11 months
3. Publication period: 30 days
4. Final approval and issuance of certificate: 1-2 months

Q2. What should you do if a trademark application is rejected?

If your trademark application is rejected, the office will send you an Office Action, which sets out the specific grounds for refusal. You can respond to the rejection letter by taking the following steps:

1. Once you get the rejection letter, you must reply to the examining attorney within three months from the issue date, after which time the application may be abandoned or result in extension fees.
2. Review the rejection letter to understand why your trademark application was denied and determine the feasibility of a re-examination.
3. Prepare necessary documents and petition for reexamination proceedings.
4. Submit a response to Office Action.
5. After applying for reexamination, you will usually receive a notice of acceptance within 1 week and a review decision within 1 month. If the review is successful, the trademark will continue to be examined until it is published. However, if unsuccessful, your application may be invalidated.

Q3. What is Evidence of Use(Specimen) for trademarks?

A specimen is a sample of your trademark as used in commerce. It is real-life evidence of how you are actually using your trademark in the marketplace with the goods or services in your application or registration maintenance filing. It’s what consumers see when they are considering whether to purchase the goods or services you provide in connection with your trademark.

For goods, a specimen shows your trademark as actually used in commerce with your existing goods in a way that directly associates the trademark with the goods.

For example, a specimen could be a label or tag attached to your goods that shows your trademark, a product container or packaging showing your trademark on the packaging, or a website displaying your trademark where your goods can be purchased or ordered.

For services, a specimen shows the trademark as actually used in commerce with your existing services in a way that directly associates the trademark with the services. For example, a specimen could be an advertisement, brochure, website printout, or other promotional material that shows your trademark used for the services, business signs where the services are rendered showing your trademark, or a service vehicle showing your trademark.

Generally, you should not submit a physical specimen to the USPTO. Trademark filings with us are done electronically. Therefore, what you submit to us typically is a photograph, scanned copy, screen capture, or printout of the physical specimen of use. Screenshots of webpages must show the URL and date you accessed or printed them.

The provided evidence of use must be true and valid, fully proving that your branded products have actually been sold in the US market. Meanwhile, such evidence should also be consistent with what consumers see when purchasing.

If false or fabricated evidence is submitted, your trademark application will be rejected. Even if it passes the examination, the registered trademark may be revoked at any time once the fabrication is discovered later.

Final Words

This is indeed challenging to learn how to trademark a company name. Both the complicated application process and the ever-changing regulations make the process tougher. You may feel that you are fully prepared, but there are still potential problems that may prolong the registration process.

In this case, why not seek help from a trusted partner, VATAi? Our reliable trademark registration service will provide you with a streamlined application process and support from professional lawyers to help trademark a company name and logo. Not to mention, you can also have a personal consultant to get personalized solutions. Let's start your journey with VATAi!