Registering your business name in the United States is done by applying with the United States Patent and Trademark Office (USPTO). This process allows you to stop everyone else from using the same name on a competing service or product throughout the United States.
To determine the cost of securing exclusive rights to a business name, you should know that there are two fees involved. The first one is the fee the USPTO charges for registration. The second fee is paid to a company or attorney who helps you prepare and submit your application.
United States Patent and Trademark Office (USPTO) Fee
The USPTO currently has a basic $225 option to register a single business name for a single class of goods or services. This option is decent for most applicants. For example, if you want to register the company name “Magic Wash” for car washing services only, you need to pay $225. However, if you’re going to register the name “Magic wash” for car washing services, as well as a soap that you use, you need to pay for two classes, bringing your total to $450 in government fees.
If you’re comfortable filling out the trademark registration application on the USPTO website on your own, you do not need to pay an attorney to prepare and submit your application.
However, suppose you do not have experience with name registration and want to save some money while doing it. In that case, you can use online legal support services, such as Legal Zoom or Rocket Lawyer, to assist you with protecting your business identity. These services will charge you a fee in addition to the registration fee charged by the USPTO. We will discuss this in more detail below.
Fees for Preparing and Submitting Your Business Name Registration Application
There are a few services available online that assist applicants with securing legal protection for their business names with the USPTO; we will discuss a few of them below.
- Legal Zoom
Legal Zoom charges a flat fee of $199 to handle the registration process. They offer some upgrade options, but the basic $199 option is sufficient for more applicants. If you choose to go with this company, you will need to pay Legal Zoom $199, as well as pay $224 to the USPTO, bringing your total to $423.
- Rocket Lawyer
Rocket Lawyer
Rocket Lawyer assigns a dedicated attorney to your business name filing, and the attorney is responsible for not only filing your application but also responding to any office actions that you may encounter. Rocket Lawyer also conducts a name availability check to ensure that no one else has registered the business name you want to claim. Other services charge an additional fee to perform this search. Rocket Lawyer charges $399 for this package plus the government filing fee of $225, bringing your total cost to $624.
- Trademarkia
Trademarkia has one option to handle name registration, and it comes in at $399. The $399 cost does not include the USPTO fees. If you choose to go with Trademarkia, they will charge you $399, and you’ll also need to pay $225 to the USPTO, bringing your total to $624.
- Trademark Engine
Trademark Engine charges a flat rate of $69 to register an individual’s business name as a trademark. Like Legal Zoom and Trademarkia, you also need to consider that you also need to pay the USPTO fee of $225. This brings your total cost to $294.
- Hire a trademark lawyer
If, for any reason, you’re finding it difficult to search on your own or use any of the services mentioned above, you may hire an attorney to either assist you with performing the search or have them perform the search for you. If you’re hiring an attorney to conduct a name availability check, ask them how much it would cost to have them prepare and submit the application. Attorneys typically charge a flat rate, anywhere between $500 to $2,000, in addition to the USPTO fee of $225.
Other Fees Associated with Trademarking a Business Name
Here are some additional fees that you may need to take into consideration as you go through the registration process.
- International Registration
If you have a business name that you want to use on a product or service that you sell internationally, you should consider protecting it in all the countries where you do business. This is because registering a name in the United States only protects it domestically; it does not protect it internationally.
For example, if you want to register the name “Magic Wash” for a soap product that you sell in the United States and China, to protect your rights, you need to register it in the U.S, as well as China. Name registrations are territorial, meaning to be protected in a specific country, your business name must be recorded in that country.
Logo and Design Registration
If the business name you want to register with the USPTO consists of drawings or a logo, you should have a clear photo of the entire logo. You do have the option of simply registering the text of your business name, such as merely registering “Magic Wash” without the artwork. This gives you the broadest and best protection possible.
What Should You Do Before Registering Your Business Name as a Trademark?
Before applying for registration, you should conduct a search to ensure that no one else has registered the same business name for a business that’s the same as or similar to yours.
The USPTO does not allow multiple people to register the same business name for the same type of business. For example, if you want to register the name “Magic Wash” for your car washing business and someone else has already secured that name for their car washing business, the USPTO will refuse your application, and the money that you paid will be lost.
So, to avoid losing your money, you should search the USPTO database to ensure that no one else has registered the same business name. Select “Basic Search” and enter the name that you wish to register. If the same or similar marks are registered, you should look for a different business name. However, if the search does not show any exact or similar matches, you can go ahead and continue with your application.
Do You Need to Register a Business Name to Protect It?
No, you do not need to register a business name to be protected in your state because common law protection applies. However, official registration offers business owners nationwide protection, meaning that no one can use the name anywhere in the United States. If anyone makes unauthorized use of your name or uses it inconsistently with the law, the rightful owner can sue that party for infringement in Federal District Court. Also, having a registered name is proof of ownership. After five years of registration, your ownership becomes incontestable, meaning it cannot be challenged.
How Long Does a Trademark Registration Last?
A registered business name in the U.S lasts forever as long as the owner continues to use it on their goods or services. That said, to keep it active, the owner must file a statement of use within five years of registration. Filing this statement will extend the validity for an additional five years. After submitting this statement after the first five years of registration, you only need to file such a declaration every ten years. Filing this statement is not free, as an individual must pay $125 for each class of goods for which the name is registered.
How Long Does It Take to Register a Business Name as a Trademark?
After filing your application, it takes the USPTO approximately 4 to 6 months to examine and either approve or deny your request. The USPTO has many applications to get through, so if you filed at a time when they’re busy, you should expect your application to take approximately six months.
Also, when you file your application, the USPTO will send you a confirmation email that contains your serial number. You should use this number to check the status of your application periodically. This is because the USPTO office may request that some changes or amendments be made to your application, so you should respond within the time allotted.
If everything goes well, the USPTO will approve your application and send you a certificate of registration.
