How to Trademark a Business Name in 2026 | Step-by-Step USPTO Guide
Trademarking your business name is one of the most important steps you can take to protect your brand. In 2026, the USPTO trademark registration process has been updated with new requirements — including mandatory ID.me verification through the Trademark Center. This guide walks you through every step to trademark a business name in 2026.
Step 1 — Conduct a Comprehensive Trademark Search
Before filing, search the USPTO Trademark Center database for existing marks that could conflict with yours. Look for exact matches, phonetic similarities, and marks in the same international class. A thorough trademark search is the single most effective way to prevent rejection. Search for your mark in the specific class(es) you intend to register — and check for phonetically similar marks, not just exact matches.
Step 2 — Choose the Right Trademark Class
The USPTO uses the Nice Classification system with 45 international classes. Choosing the wrong class is one of the leading causes of costly delays. Common classes for business names include Class 35 (business services, retail), Class 41 (education, entertainment), Class 44 (medical, beauty services), and Class 43 (restaurant, cafe services). You must pay the $350 USPTO fee per class, so precise class selection is essential.
Step 3 — Prepare Your Application
You’ll need: the applicant’s full legal name and address, a clear representation of the mark, a description of goods/services in the correct class, and a specimen showing the mark in actual commercial use — or an Intent to Use (ITU) filing if you haven’t launched yet. As of 2026, all USPTO filers must complete ID.me identity verification through the Trademark Center before submitting.
Step 4 — File with the USPTO
Submit your application through the USPTO Trademark Center at USPTO.gov. Once submitted, you’ll receive a serial number confirming your priority date. Standard applications take 10–14 months. Secure Mark USA’s Imperial plan includes same-day filing — securing your priority date immediately.
Step 5 — Respond to Office Actions
Over 60% of USPTO applications receive an Office Action — a letter from a USPTO examining attorney requesting clarification or raising objections. Common types include likelihood of confusion with an existing mark and descriptiveness refusals. You have 3 months to respond (extendable to 6 months for a fee). Failing to respond leads to automatic abandonment of your application.
Step 6 — Publication and Registration
If your application passes examination, your mark is published in the Official Gazette for a 30-day opposition period. If no opposition is filed, your mark proceeds to registration. Once your registration certificate arrives, you may legally use the ® symbol on all branding and marketing materials.
How Much Does It Cost to Trademark a Business Name in 2026?
The minimum cost to trademark a business name in 2026 is $449 total: the $350 mandatory USPTO government filing fee per class, plus Secure Mark USA’s $99 Basic service fee. Premium ($249) and Imperial ($399) plans include additional services including Office Action response and same-day filing. There are no hidden charges.
Frequently Asked Questions
How long does it take to trademark a business name?
10–14 months from filing date for a straightforward application. Office Actions add 3–6 months per response cycle.
Can I trademark my business name myself?
Yes. US-based applicants are not required to hire an attorney. However, professionally prepared applications significantly reduce rejection risk.
Does trademarking a business name protect it in all 50 states?
Yes. Federal USPTO registration provides nationwide exclusive rights — covering all 50 states, US territories, and serving as the basis for international protection.
What if someone already has a similar trademark?
Your application may be refused for likelihood of confusion. A thorough search before filing prevents this in most cases.
How do I know if my business name can be trademarked?
The name must be distinctive — not generic, descriptive, or merely a surname. A professional trademark search identifies conflicts before you file.
Ready to trademark your business name? Secure Mark USA’s trademark registration services handle everything from search to USPTO certificate from $99 — with a 98% success rate and same-day filing available. Visit our trademark registration page to compare all three plan options.