How to Trademark a Name or Logo in the United States

Your brand name or logo is often the most recognizable asset your business owns. It is how customers find you, remember you, and trust you. But without legal protection, anyone can imitate it and you may have little recourse. A federal trademark gives you the exclusive right to use your mark in commerce and the legal tools to stop others from copying it.

This guide walks you through exactly how to trademark a name or logo in the United States, step by step.

What Is a Trademark?

A trademark is a word, phrase, symbol, design, or combination thereof that identifies the source of goods or services and distinguishes them from those of others. When you register a trademark with the United States Patent and Trademark Office (USPTO), you gain:

Nationwide legal ownership of the mark in your category of goods or services
The right to use the ® symbol
A public record that deters others from copying your brand
The ability to sue in federal court for infringement
A basis for international trademark protection.

Trademark vs. Copyright vs. Patent: These are three distinct forms of intellectual property. Trademarks protect brand identifiers (names, logos, slogans). Copyrights protect original creative works (writing, art, music). Patents protect inventions. A logo may qualify for both trademark and copyright protection, but they are registered separately.

Step 1: Decide What You Want to Trademark

Before filing anything, you need to be clear about what you are registering:

A name – Your business name, product name, or brand name
A logo – A graphic design, symbol, or stylized text
A slogan — A tagline used in commerce (e.g., “Just Do It”)
A combination — A name and logo together as a single mark

Tip: You can file separate applications for your name and your logo. This gives you broader, more flexible protection. If you only file them together, a competitor could use your name with a different logo and potentially avoid infringement.

Step 2: Choose the Right Type of Mark

Not every name or logo qualifies for trademark protection. The USPTO evaluates marks on a spectrum of distinctiveness. The stronger and more distinctive your mark, the easier it will be to register and defend.

Step 3: Conduct a Thorough Trademark Search

This is one of the most important steps — and one that many applicants skip at their peril.

Before filing, you must search for existing marks that could conflict with yours. A conflicting mark does not have to be identical; it only needs to be similar enough to cause consumer confusion in a related category of goods or services.

Where to Search

USPTO TESS (Trademark Electronic Search System) – Search all federally registered and pending marks
State trademark databases – Many states have their own trademark registries
Common law searches – Unregistered marks can still have legal rights based on actual use. Search Google, social media, domain registrars, and business directories
International databases – If you plan to operate globally, search WIPO’s Global Brand Database

Step 4: Identify Your Goods and Services (International Classes)

The USPTO organizes trademarks into 45 international classes, 34 for goods and 11 for services. You must specify which classes your mark applies to.

Examples:

Class 41 – Education and entertainment services
Class 45 – Legal services and personal services
Class 9 – Software and downloadable applications
Class 35 – Business and professional services

Your registration only protects your mark in the classes you file under. Filing in additional classes costs extra but broadens your protection.

Step 5: Determine Your Filing Basis

When filing with the USPTO, you must declare one of two bases:

Use in Commerce
Intent to Use

Step 6: File Your Application with the USPTO

You will file through the USPTO’s Trademark Electronic Application System (TEAS).

What You Will Need to Submit

The mark itself (exact name, or image file for a logo)
The owner’s name and address (individual, LLC, corporation, etc.)
The international class(es) and a precise description of goods/services
Your filing basis (use in commerce or intent to use)
A specimen showing the mark in use (if filing under Section 1(a))
The filing fee

Step 7: Publication in the Official Gazette

If your application passes examination, it is published in the USPTO’s Official Gazette for 30 days. During this window, any third party who believes the mark would harm them may file an opposition a formal proceeding before the Trademark Trial and Appeal Board (TTAB).

If no opposition is filed (or if any opposition is resolved in your favor), your application moves forward.

Step 9: Registration (or Notice of Allowance)

How Long Does the Entire Process Take

From filing to registration, expect the process to take anywhere from 12 to 18 months under normal circumstances, longer if Office Actions are issued or oppositions are filed. Filing an intent-to-use application adds additional time for the Statement of Use phase.

Using NYAYAM to Understand Your Trademark Documents

Whether you have received an Office Action from the USPTO, a cease-and-desist letter from another brand owner, a licensing agreement, or any other trademark-related document, NYAYAM can help you read, understand, and analyze it clearly and privately.

Upload your documents at nyayam.org and get a detailed breakdown of what they mean, what your options are, and what questions you should be asking your attorney.

All your case data is stored exclusively on your device never on NYAYAM’s servers so your documents remain completely private.

Disclaimer

NYAYAM is here to support you with legal assistance, helping you read, understand, and analyze the documents at the center of your situation. However, please note that NYAYAM provides legal assistance and not legal advice. The information in this article is for general informational purposes only and does not apply to any specific individual’s circumstances. Every trademark case is unique, and the outcome depends on facts, evidence, and applicable law that vary by jurisdiction and situation. For guidance specific to your situation, we strongly encourage you to consult a licensed intellectual property or trademark attorney.