How to Trademark a Business Name (and When You Can't)

Published by the Registry Consulting team · How we researchSources linked in this guideNot a law firm · no legal adviceTalk to a trademark attorney

Updated November 1, 2026

Pen resting on a signed document — Photo: Blogtrepreneur, CC BY 2.0

Registry Consulting is an independent information site, not a law firm, and does not give legal advice. Guides are general information about U.S. trademark law.

Quick answer: To trademark a business name, you file a USPTO application for the name as it is used to brand your goods or services, not just as your legal company name. The name must be distinctive and not confusingly similar to an existing mark for related goods or services.

Many owners assume that forming an LLC or registering a DBA protects their name. It doesn't, at least not as a federal trademark. A trademark protects a brand that identifies the source of goods or services.

Trade name vs. trademark

	What it is	What it does
Legal entity name	The name on your LLC or corporation filing	Lets you do business under that name in your state
DBA / assumed name	A registered 'doing business as' name	Lets you trade under another name locally
Trademark	A brand used on goods or services	Identifies the source and can be federally registered with the USPTO

Is your name registrable?

Name type	Example style	Registrability
Fanciful (invented)	A made-up word	Strongest
Arbitrary	A real word unrelated to the product	Strong
Suggestive	Hints at a quality	Often registrable
Descriptive	Describes the product	Often refused without proof of acquired distinctiveness
Generic	The common name of the product	Not registrable

Want a professional to look at your mark?
Request a free call with a trademark attorney or legal-service partner. Talk to an attorney

Step by step

Search the USPTO database for similar names in related classes.
Decide whether to register the words alone (standard characters) or a stylized logo. A standard-character mark covers the words in any font or style.
Write a precise identification of goods or services, using the USPTO ID Manual where possible.
File, pay the per-class fee and watch for office actions.

Words vs. logo

Many businesses file the name in standard characters first because it protects the words regardless of design, then file a logo separately if the logo matters. Each application has its own fees.

This guide is general information, not legal advice. Trademark rules and fees change; confirm current details on the USPTO website or with a licensed attorney.

Frequently asked questions

Do I need to trademark my business name?

It is not legally required, but a federal registration makes your rights easier to enforce nationwide and helps block confusingly similar names.

Can two businesses have the same name?

Sometimes. Trademark conflicts depend on likelihood of confusion, which looks at how similar the names are and how related the goods or services are.