How to Trademark a Business Name in California

What is the difference between a California and a federal trademark?

A California state trademark only protects your name within California, while a federal USPTO trademark protects it across all 50 states. Registering with the California Secretary of State, or filing an LLC or DBA, reserves your name in state business records but does not stop a company in another state from using it. Because U.S. trademark rights are largely first-to-file, a federal registration is the stronger, more durable form of brand protection — especially for California businesses that sell online or plan to expand beyond state lines. Most growing brands file federally rather than relying on state registration alone.

Which trademark class should a California business file in?

The correct class depends on what your business sells, not where it is located. A Los Angeles clothing brand files in Class 25 (apparel), a San Francisco software company files in Class 9 for downloadable apps and Class 42 for SaaS, a Napa winery files in Class 33, and a San Diego restaurant files in Class 43. Retail and e-commerce stores generally use Class 35. Because a trademark only protects the goods and services you list, identifying the right class is the foundation of a strong California trademark application, and businesses with multiple product lines often file in more than one class.

How do you trademark a California business name step by step?

Start with a clearance search, then file with the USPTO and respond to any examiner questions. The steps are: (1) run a free trademark search to confirm your name is available nationally, not just in California; (2) choose the class that matches your goods or services; (3) prepare the application with your business's legal name, wordmark or logo, and a clear description; (4) file with the USPTO and pay the per-class fee; (5) respond to any Office Action; and (6) submit a specimen showing the name in use. Trademark registration connects the whole process — Secure Mark USA files your USPTO application so your California brand's intellectual property and nationwide brand protection are handled correctly.

Key takeaways

• A federal USPTO trademark protects a California business name in all 50 states; a state filing only covers California.
• The trademark class depends on your goods or services — e.g., Class 25 apparel, Class 43 restaurants, Class 9/42 software.
• Filing costs from $99 plus the $350-per-class USPTO fee, with no attorney required for U.S.-domiciled applicants.
• U.S. trademark rights are largely first-to-file, so registering early protects your California brand.
• Secure Mark USA is a USPTO filing service, not a law firm, and does not provide legal advice.

Frequently asked questions