- 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.
1. A business name is not automatically a trademark
Filing formation documents or an assumed-name certificate reserves a name with a state agency for that purpose only. It does not stop another business from using a similar name for related goods or services, and it does not give you trademark rights.
Trademark rights come from using a name to identify the source of goods or services. Federal registration builds on those rights with a nationwide presumption of ownership, use of the ® symbol, and access to federal courts and customs enforcement.
2. Choose a name that can be protected
Trademark law ranks names by distinctiveness. Invented words and arbitrary words used in an unrelated field are the strongest. Suggestive names, which hint at a quality without describing it, are also registrable.
Descriptive names, such as a word that simply describes the product, are hard to register until they acquire distinctiveness through use. Generic terms for the product itself can never be trademarks.
3. Run a clearance search
Before filing, search the USPTO database for identical and similar marks covering related goods or services, and check state registrations, domain names, social media handles, and unregistered business use.
The test is likelihood of confusion: whether the marks look, sound, or mean something similar and the goods or services are related. A conflict found now costs far less than a rebrand after an objection or a cease-and-desist letter.
4. Prepare the application
Decide whether to file the name as a standard-character mark, which protects the words in any style, or as a design mark covering a logo. Many businesses file the word mark first.
Identify the goods and services precisely and in the right international classes; fees are charged per class. Choose a filing basis: actual use in commerce, with a specimen showing the mark in use, or intent to use, which requires proof of use before registration.
5. Examination, publication, and registration
A USPTO examining attorney reviews the application and may issue an office action raising issues such as likelihood of confusion or descriptiveness. Responses are due by a set deadline, and missing it can abandon the application.
If approved, the mark is published in the Official Gazette, opening a 30-day window for third parties to oppose. Without a successful opposition, the mark registers, or for intent-to-use filings, moves to the statement-of-use stage. The whole process often takes a year or more.
6. Keep the registration alive
A registration must be maintained. The owner files a declaration of continued use between the fifth and sixth year after registration, and renews every ten years.
Keep using the mark consistently, monitor for confusingly similar marks, and put trademark license terms in writing when others use the name.
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.