How to Own the Rights to a Name: The Step-by-Step Legal Blueprint

You own the rights to a name primarily by using it in commerce, which creates common law trademark rights wherever customers recognize your brand. You make that ownership enforceable nationwide through federal trademark registration with the United States Patent and Trademark Office (USPTO). That agency was simply the United States Patent Office until 1975. Registration gives your registered trademark a legal presumption of ownership, according to the USPTO.

If you are researching how to own the rights to a name, note that the trademark registration process changed recently. On January 18, 2025, a single $350-per-class base application replaced the old TEAS Plus and TEAS Standard options, per the USPTO's final fee rule. Clearance searches now run through Trademark Search, which replaced the Trademark Electronic Search System in 2023.

This guide shows you how to search, file (including an intent-to-use application), budget, and decide when a trademark attorney earns the fee. For SaaS founders, securing your brand name matters before you raise venture funding. Investors increasingly view strong trademark protection and clear IP ownership as positive signals during due diligence.

Understanding Name Rights and Legal Protection

To own the rights to a name means obtaining legal authority to use and control that name within specified territories and market categories. This legal protection prevents other businesses from using your name, helping to build consumer trust and brand value over time. As of early 2025, over 3.3 million trademarks were actively registered in the United States, reflecting the significant investment companies make in protecting their names as critical assets.

Legal rights in a name can arise in two ways under U.S. law: automatically through use, or through formal registration. There are two fundamental types of name rights in the United States:

Common law trademark rights develop automatically when you use a name in commerce. These rights offer limited protection within the geographic area where you actively use and promote the name. While you don’t need to file any paperwork, this protection is inherently limited and harder to enforce.

Trademarking your business name is a crucial step in establishing legal rights, ensuring the uniqueness of your brand, and protecting your brand identity. By trademarking, you gain stronger legal standing and can prevent others from using a similar name in your industry.

Common law rights rely on priority of use (the “first use” rule). In a conflict, the user who established their name first (the “senior user”) has superior rights in their established market. For example, Burger King v. Hoots (1968) is a famous case where a small local “Burger King” restaurant in Illinois had prior common-law rights, so the national Burger King chain (even with a federal trademark) was barred from using the name within a 20-mile radius of the local business’s town.

Federal trademark registration through the United States Patent and Trademark Office (USPTO) provides much stronger protection. A federal trademark grants exclusive nationwide rights to use your name for specific goods or services, giving you powerful legal tools for enforcement and broader geographic coverage.

Federal registration puts the nation on notice that you own this name in your industry, creating a legal presumption of your ownership. Due to these benefits, federal trademark filings have surged – the USPTO received approximately 765,000 new trademark applications in FY 2024 alone.

Types of Names You Can Protect

Several categories of names qualify for legal protection, and tech companies often need to protect multiple types:

Business names: The official legal entity name registered with state authorities (e.g., XYZ Innovations, LLC). This prevents other companies in that state from using an identical name, but doesn’t grant trademark rights for selling products or services.

Brand names: Umbrella names under which you market goods or services to the public. For SaaS companies, this might be your platform name or company brand. For example, Alphabet Inc. owns the Google brand name – Google is a brand/trademark, while Alphabet is the legal company name.

Product names: Distinctive names for specific products or product lines. Tech companies often trademark individual product names – like Apple’s “iPhone” or Adobe’s “Photoshop” – which can become extremely valuable assets. For software companies, this includes your app names, feature names, and service offerings.

Domain names: Web addresses secured through accredited registrars. Owning a domain is a contract that grants you exclusive control over that internet address.New domain extensions have surged in popularity – for example, the “.AI” domain saw registrations more than double to over 533,000 .ai domains by late 2024, with Anguilla reportedly earning $32 million in 2023 from .ai registrations.

How to Own the Rights to a Name Under Trademark Law

The main legal mechanisms for protecting these names include trademark law (both common law and federal registration), state-level business name registration, domain name contracts, and, in rare cases, copyright protection for artistic logo elements.

Thetrademarking process involves specific legal requirements and steps, and working with a trademark attorney can increase the chances of successful registration for business, brand, and product names.

Can You Trademark Your Own Name?

Yes, individuals can trademark their personal names, but only under specific circumstances. The USPTO requires that personal names function as trademarks by identifying and distinguishing goods or services in commerce. Simply having a name isn't enough – you must use it commercially in a way that consumers recognize as a brand identifier.

Successful examples include:

• Martha Stewart: Trademarked for lifestyle products and media
• Rachael Ray: Protected for cookware, food products, and entertainment services
• Oprah Winfrey: Registered for various media and educational services
• Wolfgang Puck: Trademarked for restaurants and food products

Legal Requirements for Personal Name Trademarks

Before the United States Patent and Trademark Office grants federal trademark registration for a personal name, the name has to pass two tests. First, a name the examiner reads as "merely a surname" is refused unless you prove secondary meaning. That means buyers connect the name with your goods or services, not just with you as a person. Common surnames like Smith or Johnson face a steeper climb than rare ones.

Second, a name that identifies a particular living person requires that person's written consent under 15 U.S.C. §1052(c). The Supreme Court upheld that rule in Vidal v. Elster on June 13, 2024, and the proposed "Trump too small" mark stayed unregistered.

Once registered, a name can outlive its owner.

Trademark Registration for Name Protection

Is trademarking a name worth it? Federal trademark registration is optional because using a name creates common law trademark rights, but only in your local area. According to the USPTO, registration adds nationwide public notice and a legal presumption of ownership. Register if you sell across state lines, plan to grow, or are investing real money in the brand. If the concept is new to you, start with what a trademark means and why it matters.

Benefits of USPTO Registration

A federal trademark registration turns your name into a registered trademark with five practical advantages:

• Nationwide presumption of ownership. Common law trademark rights stop at the edge of your local market. Registration gives you a legal presumption of exclusive rights across the United States for the goods or services listed.
• The ® symbol. Only registered owners may use it. It signals to competitors that your name is protected.
• Federal court remedies.
• Customs protection. You can record your mark with U.S. Customs and Border Protection to block infringing imports. CBP seized roughly $2.98 billion in counterfeit goods at the U.S. border in 2022.
• A foundation abroad. Your U.S. filing can serve as the basis for international applications, including those filed through the Madrid system.

Protection Duration and Renewal

A federal trademark registration lasts indefinitely, as long as you keep using the name in commerce and meet every filing deadline. The first deadline is the Section 8 Declaration of Continued Use, due between years 5 and 6 after registration. After that, you file a combined Section 8 declaration and Section 9 renewal every 10 years. (https://www.uspto.gov/trademarks/fees-payment-information/summary-2025-trademark-fee-changes). The USPTO fee schedule . An optional Section 15 Declaration of Incontestability, available after 5 years, strengthens your registered trademark. If you miss a required deadline, the registration is canceled, which can open the door for competitors to register similar marks.

Step-by-Step Trademark Application Process

The trademark registration process follows a fixed sequence, and the most expensive mistakes happen in the first two steps. Here is how a trademark application moves through the trademark office today.

1. Run a clearance search. Start in the USPTO's Trademark Search system, which replaced the Trademark Electronic Search System (TESS) on November 30, 2023. Look beyond identical matches to similar spellings, sounds, and meanings used on related goods or services. Then run a common law search of state filings, websites, and online marketplaces. Common law trademark rights never appear in the federal database, but they can still block you. Our guide on how to know if your company name is trademarked walks through each search.
2. Choose your filing basis. File under "use in commerce" if you already sell under the name. An intent-to-use application lets you lock in an early filing date for a name you genuinely plan to use but have not launched. You keep that priority date, but you cannot complete registration until you prove actual use.
3. File the base application. On January 18, 2025, a single base application replaced the two Trademark Electronic Application System options, TEAS Plus and TEAS Standard. New applications are filed in the USPTO's Trademark Center with a verified USPTO.gov account. According to the USPTO fee schedule, the base fee is $350 for each of the appropriate classes you claim. The USPTO adds surcharges of $100 per class for missing required information and $200 per class for free-form descriptions of goods and services.
4. Respond to examination and office actions. An examining attorney at the United States Patent and Trademark Office reviews your application for conflicts and legal defects. As of October 1, 2026, the USPTO reports an average of 4.3 months from filing to that first action. If you receive an office action, you generally have three months to respond, plus one optional paid three-month extension. Miss the deadline and the application is abandoned.
5. Clear publication and opposition. Approved marks are published in the Official Gazette. Anyone who believes they would be harmed has 30 days from publication to oppose or request more time before the Trademark Trial and Appeal Board (TTAB), often called the trademark trial board for short.
6. Receive registration or file a statement of use. Use-based applications proceed to a registration certificate and a federal trademark registration. Unopposed intent-to-use filings instead receive a notice of allowance several months after publication, typically around three to four months according to the USPTO's Trademark Registration Toolkit, though timing varies. You then have six months to file a statement of use ($150 per class) or request a six-month extension, with a maximum of 36 months from the notice of allowance.

The USPTO's Trademark Registration Toolkit notes that the full process typically takes 12 to 18 months from filing to registration, though timing varies by case. A trademark attorney who handles your search and drafting up front gives you the best chance of finishing that timeline with a registered trademark rather than an abandoned filing.

Business Name Registration and State-Level Protection

Forming an LLC or corporation registers your legal name with the Secretary of State. A "Doing Business As" (DBA) filing lets "Smith Holdings LLC" operate stores as "Smith's Electronics." Neither filing creates exclusive trademark rights. It blocks another entity from incorporating under an identical name in that state. It does not stop a competitor from using a similar brand, reach other states, or give you grounds to sue in federal court. State trademark registration covers one state only. Using the name in commerce builds common law trademark rights limited to your market. Federal trademark registration adds broader geographic protection and a legal presumption of ownership, according to the USPTO. That gap matters when you protect a company name in a crowded market. Our guide on How to Trademark Your Business Name and Protect Your Brand for Good walks through each step.

State Registration Process

Every state requires businesses to register their legal names with the Secretary of State or a similar agency. This registration:

• Prevents other entities from incorporating under the same name in that state.
• Establishes your legal business identity for contracts and official documents.
• Costs typically range from $50 to $200, depending on the state and the type of business entity.

DBA Filings

"Doing Business As" (DBA) filings allow your company to operate under names different from your official corporate name. For example, "Smith Holdings LLC" might operate retail stores under the DBA "Smith's Electronics."

DBA registrations are public records that help consumers identify who owns a business, but they don't provide trademark protection or prevent others from using similar names as trademarks.

Limitations of State-Level Protection

State business name registration only prevents the use of identical corporate names within that specific state. It doesn't:

• Grant trademark rights or prevent trademark infringement.
• Provide protection in other states.
• Stop businesses in different industries from using similar names.
• Give you grounds for federal court legal action against infringers.

Can You Trademark a Domain Name?

Yes, but only when the domain works as a brand. The USPTO will not grant trademark protection simply because you registered a web address. Your domain must identify the source of your goods or services, and it cannot be generic. The PRICELINE brand is protected as a trademark for travel booking, which shows that a domain-based name can function as a mark when consumers recognize it as identifying a company. A domain like "shoes.com" only describes what is sold, which is why choosing a distinctive trademark should come before buying the domain. Applicants typically file for the distinctive portion, since the USPTO treats ".com" as non-distinctive.

If someone registers your name in bad faith, you have two remedies. The Uniform Domain Name Dispute Resolution Policy (UDRP) offers global arbitration, and WIPO handled 6,168 UDRP cases in 2024. The Anti-Cybersquatting Consumer Protection Act (ACPA) lets you sue in federal court. Our guide on whether you can trademark a domain name covers the details.

Key requirements for domain name trademarks:

Commercial use as a brand identifier: Your domain must serve as more than just a web address – it must function as a brand name that consumers associate with your business. For example, Amazon.com isn't just a web address; consumers recognize "Amazon" as the brand, making it trademarkable.

Distinctive character: Generic domain names like "shoes.com" or "cars.com" face significant hurdles because they merely describe the goods sold rather than identifying a specific source. However, if you can prove these domains have acquired distinctiveness through extensive use and consumer recognition, registration may be possible.

Remove the .com in your application: When applying to trademark a domain name, you typically file for the distinctive portion without the ".com" extension. The USPTO generally considers ".com" as non-distinctive and merely informational.

Successful Domain Name Trademark Examples

Several high-profile domain names have successfully obtained trademark protection:

• PRICELINE.COM: Registered as a trademark for travel booking services
• MATCH.COM: Protected for online dating services
• HOTELS.COM: Trademarked for hotel reservation services
• WEATHER.com: Registered for weather information services

These succeeded because they function as brand identifiers, not just web addresses.

Domain Registration vs. Trademark Protection

Understanding the difference between domain registration and trademark rights is crucial:

Domain registration gives you contractual rights to use specific web addresses through ICANN-accredited registrar contracts. This prevents others from registering the same domain but doesn't create trademark rights.

Trademark protection for domain names provides much stronger legal rights, including the ability to prevent others from using confusingly similar names in commerce, even if they're not using your exact domain.

Domain Registration Process with Trademark Considerations

When securing domains with potential trademark value:

Choose brandable domains: Select domains that can function as brand identifiers, not just descriptive web addresses. "Spotify.com" works better than "musicstreaming.com" for trademark purposes.

Document commercial use: Maintain records showing how your domain functions as a brand identifier – marketing materials, customer recognition, sales attribution to the domain name.

Consider multiple extensions: Register key variations (.com, .net, .org, relevant country codes) to prevent others from using them, but focus your trademark efforts on the version you use commercially.

Cost and renewal strategy: Standard domains cost $10-$20 annually, but premium domains with trademark potential may cost significantly more. Budget for long-term renewal and potential trademark filing costs.

Common Trademark Challenges for Domain Names

Descriptive domain issues: Domains that merely describe goods or services (like "fastdelivery.com") face significant USPTO scrutiny. You'll need substantial evidence of acquired distinctiveness.

Generic top-level domain conflicts: With hundreds of new domain extensions (.tech, .app, .ai), conflicts between domain rights and trademark rights are increasing. Someone might register your trademarked name with a different extension.

International complications: Domain registration is global, but trademark rights are territorial. Your trademark might protect "YourBrand.com" in the U.S., but not prevent someone from using "YourBrand.co.uk" in the UK without separate protection there.

Strategic Approach: Domain + Trademark Protection

The most effective strategy combines both domain registration and trademark protection:

1. Register key domains early: Secure your primary domain and important variations before building brand recognition.
2. Build trademark-eligible use: Use your domain name prominently in marketing, ensuring consumers recognize it as a brand identifier, not just a web address.
3. File trademark applications: Once you have substantial commercial use, file trademark applications for the distinctive portion of your domain name.
4. Monitor for conflicts: Watch for both domain registrations and trademark applications that might conflict with your rights.
5. Enforce proactively: Address cybersquatting and trademark infringement quickly to maintain strong rights.

The Bottom Line on Domain Name Trademarks

While you cannot automatically trademark every domain name you register, domains that function as brand identifiers and meet USPTO requirements can receive powerful trademark protection. This dual approach – domain registration for web presence and trademark registration for brand protection – provides the strongest possible protection for your digital brand assets.

The key is ensuring your domain name transcends being merely a web address and becomes a recognizable brand identifier in the minds of consumers.

Protection Against Cybersquatting

One of the biggest threats is cybersquatting – when someone registers a domain name in bad faith, usually to extort money from the trademark owner or divert traffic.

Legal mechanisms for domain disputes include:

Anti-Cybersquatting Consumer Protection Act (ACPA): This U.S. federal law creates a cause of action against cybersquatters who register domains identical or confusingly similar to a trademark with bad faith intent to profit.

Uniform Domain Name Dispute Resolution Policy (UDRP): This global arbitration process allows trademark owners to file complaints with approved dispute resolution providers.In 2024, trademark owners were very active – WIPO handled 6,168 domain dispute cases, the second-highest ever.The number of annual UDRP cases has more than doubled over the past decade (from ~2,700 cases in 2010 to over 6,100 in 2024).

Copyright Protection for Creative Name Elements

Can you copyright your name? No. The U.S. Copyright Office does not register names, titles, or short phrases (Circular 33), and 37 CFR 202.1(a) excludes them from copyright protection. Any attempt to copyright a name will fail, so you protect the name itself through federal trademark registration.

While simple business names aren't copyrightable, artistic logos incorporating your name may qualify for copyright protection as original creative works. Copyright covers the artwork and custom lettering, not the words. Copyright exists as soon as you create the design. Under the current Copyright Office fee schedule, a standard online registration typically costs $65. For U.S. works, registration is generally required before you can sue for infringement in federal court, and timely registration is required to seek statutory damages of up to $150,000 per work for willful infringement, along with potential attorney's fees. Most founders pair that logo copyright with a registered trademark, using two of the four types of intellectual property to cover one brand. Learn more in Do You Copyright or Trademark a Name?

When Copyright Applies

The Copyright Office may register creative elements that demonstrate sufficient originality and artistic expression:

• Stylized logos with artistic design elements.
• Custom typography and lettering.
• Graphic designs incorporating text elements.

Copyright protects the artistic expression, not the underlying words or business name functionality.

Copyright Registration Benefits

Copyright registration costs only $65 but provides essential benefits:

• Automatic protection: Copyright exists as soon as you create original artwork.
• Enhanced enforcement: Registration allows you to file lawsuits and claim statutory damages up to $150,000 for willful infringement.
• Evidence of ownership: Registration creates a public record of your copyright claim.

Common Law Rights and Usage-Based Protection

You can own rights in a name without filing anything. Using it in actual business transactions to identify your goods or services creates common law trademark rights. Those rights stop at the edge of the market where you actually sell and promote. The USPTO treats that geographic limit as a key difference from federal trademark registration, and its Basic Facts About Trademarks brochure confirms that common law rights exist only for the specific area where the mark is used. A bakery selling only in Melbourne, Florida likely holds rights there, while a bakery in Jacksonville could use the same name as long as customers in the two markets do not overlap. When two unregistered users clash, the senior user usually wins in its established territory. The senior user is the first to use the name in good faith. Proving that priority takes documentation, so keep dated invoices, advertising, receipts and media coverage that show your first use. Mark the name with the ™ symbol now. Only a registered trademark can carry the ®.

How Common Law Rights Develop

Common law trademark rights arise through actual use of a name in connection with specific goods or services. Key requirements include:

• Use in commerce: The name must be used in actual business transactions.
• Distinctive use: The name must function as a trademark to identify your goods or services.
• Geographic scope: Protection extends only to areas where you actually use and promote the name.

Documenting Your Rights

To enforce common law rights effectively, maintain detailed records:

• Save dated advertising materials and marketing campaigns for future reference.
• Keep receipts and invoices showing the name in commercial use.
• Document customer recognition and media coverage.
• Preserve evidence of first use in your market area.

Senior User Advantage

In disputes between unregistered users, the "senior user" (i.e., the first to use the name in good faith) typically prevails in their established geographic area. However, proving senior use requires substantial documentation and can be expensive to litigate.

International Name Protection Strategies

Your federal trademark registration stops at the U.S. border. Under the Madrid Protocol, one filing based on your U.S. application can extend protection to over 130 countries. According to WIPO's Madrid Yearly Review 2025 Executive Summary, the Madrid System received nearly 65,000 international applications in 2024. U.S.-based applicants filed 11,270 of them, more than any other origin, followed by Germany (6,449) and China (5,828). Registrations moved the other way, with 62,423 international registrations issued in 2024, down 1.9% from 2023. The Paris Convention gives you six months from your U.S. filing date to claim that date as your priority date abroad. File early in first-to-file countries like China. Apple paid $60 million for the iPad trademark because a Chinese company registered it first.

Madrid Protocol System

The Madrid Protocol offers a streamlined process for international trademark registration. From your U.S. base application, you can seek protection in over 130 countries through a single filing.

Benefits include:

• Centralized filing: One application covers multiple countries.
• Cost efficiency: Lower filing fees compared to individual country applications.
• Simplified management: Handle renewals and changes through one system.

, indicating that many businesses utilize this system to protect their brands globally.

Country-Specific Considerations

Different countries have varying requirements:

• Priority filing deadlines: You have six months from your U.S. filing date to claim priority in other countries.
• Use requirements: Some countries require evidence of use, while others permit registration based solely on intent.
• First-to-file vs. first-to-use: Most countries operate under a first-to-file system, meaning that whoever registers first generally has rights, regardless of who used it first.

For example, Apple had to pay $60 million to a Chinese company for the iPad trademark because the company had registered "iPad" in China before Apple did, demonstrating the importance of early international filing.

Enforcement and Maintaining Your Name Rights

Registration is only the beginning. Your rights stay strong only if you police them. Professional watch services such as CompuMark and MarkMonitor flag conflicting new applications, domain registrations, and state business filings that use your name. When you spot unauthorized use, escalate in this order:

1. Cease-and-desist letter. Many disputes end here once the other party learns you hold a registered trademark or common law trademark rights.
2. TTAB opposition or cancellation. The trademark trial board, formally the Trademark Trial and Appeal Board, hears challenges to conflicting marks. According to the USPTO, you have 30 days from publication to oppose or request more time. Cancellation targets marks that have already registered.
3. Federal court. A federal trademark registration supports an infringement suit and a request for an injunction.

Bring in a trademark attorney before step two because trademark trial board deadlines are strict. For a fuller playbook, see our Tips for Policing Trademark Rights.

Monitoring for Infringement

Professional trademark watch services monitor databases for potentially conflicting new applications. AI-powered search tools can now flag phonetic or design similarities more efficiently, scanning the web, including social media, websites, and images for potential infringement.

Services like TrademarkNow, CompuMark, and MarkMonitor can alert you to:

• New trademark applications that might conflict with your marks.
• Domain name registrations using your protected names.
• Business name registrations in various states.
• Copyright filings that might affect your creative elements.

Enforcement Actions

When you discover unauthorized use:

Cease and desist letters: Often the first step, formally demanding that the infringer stop using your name. Many trademark disputes end here – the infringer, once aware, may back off to avoid a lawsuit.

Opposition proceedings: Challenge conflicting trademark applications before they register.

Federal court litigation: File lawsuits for registered trademark infringement. Many trademark cases are settled at the preliminary injunction stage, providing a swift resolution while significantly reducing litigation costs.

Domain disputes: Use UDRP or ACPA procedures for cybersquatting cases.

Costs and Timeline for Name Rights Protection

Federal trademark registration starts at $350 per class under the USPTO's 2025 fee schedule. That government fee is non-refundable even if your application is refused, which is why clearance work pays for itself. Your real bill depends on the surcharges and later filings listed below.

Traditional trademark attorneys may charge roughly $750 to $2,000 per class for application preparation and filing, or $1,000 to $2,500 for a single-class flat fee, according to our breakdown of the real trademark filing cost. Rapacke Law Group uses fixed-fee pricing with no hourly billing, so you know your cost upfront.

The USPTO's processing data tracks pendency at each stage, and the USPTO's Trademark Registration Toolkit puts the full process at 12 to 18 months from filing to registration. Plan for a year or more before you hold a registered trademark.

Federal Trademark Costs

• USPTO filing fees:$350 per class as of 2025.
• Professional searches: $300-$1,200 for comprehensive clearance searches.
• Maintenance fees:$325 per class for Section 8/9 filings.

Big picture: Budget around $1,000–$2,500 for the entire trademark process per mark with traditional attorneys. Compare this to the cost of potential rebranding if you discover later that you're infringing on someone else's rights – rebranding can easily cost 10 times that amount when you consider new logos, domains, marketing, and lost goodwill.

Other Protection Costs

• State business registration: $50-$200 in most states.
• Domain registration: $10-$50 annually per domain.
• International filings: Vary significantly by country, often ranging from $1,000 to $3,000 per country.
• Monitoring services: $200-$500 annually for basic watch services.

Timeline Expectations

• Federal trademark registration: 8-14 months average, potentially longer with complications.
• State business registration: 1-4 weeks in most states.
• Domain registration: Immediate upon payment.
• International trademark filings: 12-24 months, depending on country and complexity.

When to Consult Legal Professionals

Do You Need a Trademark Attorney?

No. U.S.-based applicants can pursue federal trademark registration on their own. Foreign-domiciled applicants are the exception and must use a U.S.-licensed trademark attorney. Professional help pays off at three pressure points:

• Clearance searches. A clearance search goes beyond a quick Trademark Search query to assess real conflict risk.
• Office actions. Substantive refusals need legal argument, and the USPTO gives most applicants three months to respond.
• Oppositions. Challenges filed within the 30-day publication window are decided by the trademark trial board.

Rapacke Law Group handles the entire trademark registration process for one flat fee under the RLG Guarantee, including unlimited office action responses. With the RLG Guarantee, you get your trademark approved, or get your money back, with a 100% refund if it is rejected. Book your Free IP Strategy Call before you file.

Why Choose Rapacke Law Group for Trademark Protection

At Rapacke Law Group, we specialize in helping tech startups and SaaS companies protect their most valuable intellectual property assets. Here's what sets us apart:

The RLG Guarantee for Trademarks:

• Get Your Trademark approved, or get your money back. We guarantee it.
• We're so confident we'll get your mark approved that if your trademark gets rejected, we'll issue a 100% refund.
• FREE strategy call with our trademark concierge team.
• Experienced US attorneys lead registration from start to finish.
• One transparent flat fee covering the entire trademark application process (including office actions).
• Unlimited office action responses.
• Full refund if USPTO denies trademark application*.
• Full refund or additional searches if the brand has registerability issues (your choice)*.

Complex Trademark Situations

Consult qualified intellectual property attorneys when:

• Search results indicate potential conflicts that require risk assessment.
• Office actions raise substantive legal issues beyond simple corrections.
• Opposition proceedings are filed against your application.
• International expansion involves multiple countries with complex requirements.
• Enforcement actions become necessary against infringers.

Ready to Protect Your Brand?

Don't let trademark issues derail your startup's growth. Schedule your complimentary trademark strategy call today and discover how we can secure your intellectual property with our guaranteed trademark service.

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Frequently Asked Questions

Is trademarking a name worth it?

Usually it is, especially if you plan to grow beyond one local market. Common law trademark rights stop where your business stops. Federal trademark registration gives you nationwide notice, a legal presumption of ownership, and stronger footing in federal court, according to the USPTO. Our guide on whether you should trademark your company name weighs the pros and cons.

Can I copyright a business name?

No. Under 37 CFR 202.1(a), names and short phrases are excluded from copyright. Trademark law protects a name that identifies your goods or services.

What is an intent-to-use trademark application?

An intent-to-use application lets you claim a name you genuinely plan to use but have not launched yet. After the notice of allowance, you have six months to file a statement of use. Extensions can stretch that period to 36 months, per the USPTO.

How do I legally trademark a name?

Start by searching Trademark Search, which replaced the Trademark Electronic Search System in 2023. Then file in Trademark Center at the USPTO, which many founders still call the United States Patent Office, because the Trademark Electronic Application System now handles later filings. After publication, third parties have 30 days to oppose before the Trademark Trial and Appeal Board, according to the USPTO.

Can a brand be trademarked?

Yes. A brand name, logo, or slogan that identifies the source of your goods or services can become a registered trademark at the United States Patent and Trademark Office. Each element may qualify as a different type of trademark, so many businesses file separately for the word mark and the logo.

How much does it cost to trademark a name?

USPTO fees start at $350 per class. An intent-to-use filing adds a $150 statement of use, for a $500 one-class minimum before surcharges. Trademark attorney fees are separate.

Conclusion

Learning how to own the rights to a name requires understanding multiple legal mechanisms and choosing the right combination for your specific situation. Federal trademark registration provides the strongest protection for most businesses, while state registration, domain names, and common law rights each play important supporting roles.

The key to successful name protection lies in taking action early, before conflicts arise. Begin with comprehensive searches, submit the appropriate applications promptly, and safeguard your rights through proper renewal and enforcement procedures.

Remember that learning how to own the rights to a name is an investment in your business's future value. Whether you're protecting a startup's brand or expanding an established company's portfolio, the time and money spent on proper legal protection pays dividends through enhanced brand value, consumer trust, and competitive advantage.

For complex situations involving potential conflicts, international expansion, or valuable brand portfolios, consulting qualified legal professionals ensures you make informed decisions and avoid costly mistakes. Your business name represents years of work and investment – protect it accordingly.

Given the high stakes – with trademark infringement lawsuits averaging $120,000 to $750,000and companies experiencing a decrease in market value when litigation is filed – the relatively modest investment in proper name protection is one of the most intelligent business decisions you can make.

Don't leave your brand protection to chance. Schedule a free strategy call with our trademark team today to secure your most valuable business asset with The RLG Guarantee backing your investment.

About the Author:Andrew Rapacke is a Managing Partner and Registered Patent Attorney at Rapacke Law Group, specializing in intellectual property protection for tech startups and SaaS companies. Connect onLinkedIn or follow@rapackelaw on Twitter.