Trademark Basics for Choosing a Business Name

What a trademark protects

A trademark is a word, name, logo or other sign that identifies the source of goods or services. Its job is to prevent customer confusion: to stop a second business using a name so similar to yours, for related goods or services, that customers might think the two are connected.

That last part matters. Trademark rights are usually tied to particular goods and services. Two unrelated businesses can sometimes use the same word without conflict if customers would not confuse them. That is why the key question is "likelihood of confusion", not simply "is the name taken".

Strong and weak names

US trademark law groups names on a spectrum of distinctiveness:

• Generic: the common name of the product. Cannot be a trademark for that product.
• Descriptive: directly describes a quality or feature. Generally protectable only after it has acquired distinctiveness through use and recognition.
• Suggestive: hints at the product but requires imagination. Protectable.
• Arbitrary: a real word used for something unrelated to its meaning. Strong.
• Fanciful: an invented word. Strongest.

For naming, the lesson is simple: the more a name describes your product, the harder it is to own. Invented, arbitrary and suggestive names are easier to protect. See our naming styles guide for how each style fits.

How to do a first search

In the United States, the free USPTO Trademark Search lets you search registered marks and pending applications. A basic first pass:

1. Search the exact name.
2. Search obvious variations: different spellings, plurals, with and without spaces, and words that sound the same.
3. Look at the goods and services listed for each result. Results in your field or a related one matter most.
4. Search the web too. In the US, businesses can have "common law" rights from using a name even without registering it.

A clean first search is encouraging, but it is not clearance. Professional searches look more widely at similar sounds, meanings and unregistered uses. If you are about to invest in branding, a professional clearance search is worth considering.

Registering a trademark

In the US, you file an application with the United States Patent and Trademark Office (USPTO), choosing the classes of goods and services you use the mark for. Since January 18, 2025, the base application fee is $350 per class, with surcharges for things like free-form descriptions of goods and services. An examining attorney reviews the application, which typically takes months.

A federal registration gives benefits beyond common-law rights, including nationwide notice of your claim and the right to use the ® symbol. Registrations must be maintained with filings over time; for example, a declaration of use is due between the fifth and sixth years after registration, and registrations are renewed every ten years.

Business registration is not trademark protection

Forming an LLC or registering a DBA with your state is a separate system. Your state may accept a business name that conflicts with someone else's trademark, and a state registration generally does not stop others using the name elsewhere. Domains and social handles are separate again. Our availability guide explains all four systems.

Outside the United States

Trademarks are territorial: a US registration protects you in the US. Other countries and regions have their own offices, such as the UK Intellectual Property Office and the EU Intellectual Property Office. International filing systems exist for businesses that need protection in several countries.

How likelihood of confusion is judged

When an examiner or a court asks whether two names are likely to be confused, they look at several factors together rather than applying a single test. In broad terms they consider:

• Similarity of the marks in appearance, sound, meaning and overall impression. Different spellings of the same sound are often treated as similar.
• Relatedness of the goods or services. The closer the products, the less similar the names need to be for confusion to be likely.
• Channels of trade: whether the products are sold in the same places to the same customers.
• Strength of the existing mark. Famous and highly distinctive marks get broader protection.

This is why a simple "is it taken?" search is not enough. A name with one letter changed from an existing brand in your field can still be a problem, while an identical word used in a completely unrelated industry may not be.

Goods, services and classes

Trademark applications are organized by classes of goods and services. Most countries, including the United States, use an international system of 45 classes: 34 for goods and 11 for services. A bakery selling bread in stores and running a cafe might file in a class for baked goods and a class for restaurant services. Each class adds to the filing fee, so applicants usually file only in the classes they actually use or plan to use soon.

When you search, pay attention to which classes existing registrations cover. A registration in an unrelated class is less likely to block you, but the relatedness question still applies across classes.

Use and intent to use

In the United States, you can apply to register a mark you already use in commerce, or one you have a genuine intention to use. An intent-to-use application lets a new business stake a claim before launch; registration is completed after you start using the mark and file proof of use. This can be useful when you are naming something months before it goes on sale.

Mistakes to avoid

• Building a brand before searching. Rebranding after you have printed packaging and built a following is far more expensive than searching first.
• Assuming a state registration or domain is protection. They are separate systems.
• Ignoring unregistered users. In the US, prior users of a name can have rights in their area even without a registration.
• Using another company's mark in your name to signal compatibility or resale. This is a common source of complaints, especially on marketplaces.
• Responding to scam notices. After filing, applicants often receive official-looking letters and emails from private companies offering services or demanding fees. Check that correspondence actually comes from the USPTO before paying anything.

When to talk to a trademark attorney

Consider professional advice when you are about to invest significantly in a name (signage, packaging, inventory or advertising), when your search turns up similar names in related fields, when you plan to expand across states or countries, or when you receive a letter objecting to your name. In the United States, applicants who are domiciled abroad must be represented by a US-licensed attorney when filing with the USPTO.

A short glossary

• Mark: a word, logo, slogan or other sign used to identify the source of goods or services.
• Word mark (standard character mark): protects the words themselves, regardless of font or design.
• Design mark: protects a logo or stylized version of a name.
• Class: a category of goods or services used to organize applications.
• Specimen: evidence showing how the mark is actually used, such as a product label or a web page offering the service.
• Office action: a letter from the examining attorney explaining problems with an application that must be answered.

Many businesses start with a word mark because it protects the name however it is styled, then consider a design mark once their logo is settled.

A realistic timeline

Searching takes hours. Filing takes an afternoon if you are prepared. Examination takes months, and if the examining attorney raises issues you will need to respond within the deadline in the letter. Plan your launch so that it does not depend on a registration being granted by a particular date; what matters before launch is that your searches were careful and that you have filed if you intend to.

Frequently asked questions

Updated October 2026By the StartupNameLab editors