Skip to content
Attorney Advertising (914) 214-1880

Intellectual Property

How to Trademark a Business Name

A step-by-step guide to choosing, clearing, filing, and maintaining a federal trademark for your business name.

By Murray Legal Firm, PLLCUpdated 2 min read
  • Forming an LLC or filing a DBA does not create trademark rights.
  • Distinctive names (invented, arbitrary, or suggestive) are easier to protect than descriptive ones.
  • Search for conflicting marks before you file or invest in branding.
  • You can file based on current use or on a bona fide intent to use the mark.
  • Registrations must be maintained with filings between the fifth and sixth year and renewed every ten years.

Registering an LLC or a DBA does not give you trademark rights in your business name. Trademark protection depends on using a distinctive name in commerce, and federal registration with the U.S. Patent and Trademark Office (USPTO) adds nationwide priority and stronger enforcement tools. The process runs from choosing a protectable name, to clearing it, filing, answering the examiner, and maintaining the registration.

Frequently asked questions

Does forming an LLC protect my business name?

No. An LLC filing reserves the name with the state for entity purposes only. Trademark rights come from use, and federal registration adds nationwide protection.

Can I trademark a name I have not started using yet?

Yes. An intent-to-use application reserves priority from the filing date, but the mark registers only after you file proof that it is in use.

How long does a trademark registration last?

It can last indefinitely if the mark stays in use and the owner files the required maintenance declaration between the fifth and sixth year and renews every ten years.

This article is general information, not legal advice, and may not reflect the law in your jurisdiction. Reading it does not create an attorney-client relationship.

Discuss your matter with Murray Legal.

Tell the firm about the contract, transaction, property, or dispute. Every inquiry is reviewed for fit, urgency, and jurisdiction before a consultation is scheduled.