How to Protect Your Business Name (US) — A Step-by-Step Playbook

Learn how can I protect my business name with this founder's playbook. We cover trademark searches, USPTO filing, and brand enforcement.

10/11/2025

You can’t protect a business name you can’t legally own. This is where so many founders trip up—they fall in love with a name, build a brand around it, and only then discover it’s indefensible. That’s a painful, expensive rebrand waiting to happen. This playbook gives you the framework to secure your brand asset the right way, from day one.

Protecting a name isn't just paperwork; it’s a strategic sequence. Getting the order wrong is the most common and costly mistake. For founders comparing agency, freelancer, or DIY options, our AI-powered naming tools help you start with a strong, screenable foundation.

Key Takeaways

  • Protectability Starts with the Name Itself: Generic and descriptive names are weak or unprotectable. Aim for suggestive or fanciful names that can actually be owned.

  • A "Knockout Search" is Non-Negotiable: You must search federal (USPTO), state (common law), and digital (Google, socials) databases before committing to a name.

  • Federal Registration is the Default: For any business operating online or across state lines, a federal trademark from the USPTO is the only way to secure nationwide rights.

  • Filing is a Precision Game: Using the correct filing basis (1a vs. 1b) and USPTO ID Manual terms can save you hundreds in fees and prevent rejections.

  • LLC/DBA ≠ Trademark: Registering a business entity with the state offers zero trademark protection. They are entirely different legal concepts.

1. Pick a Protectable Name (Before You Fall in Love)

Strategy has to come before creativity. The single biggest mistake is choosing a name that's legally weak from the start. Your goal isn't just to find a name you like, but one you can actually own.

The legal strength of a name exists on a spectrum:

  • Generic/Descriptive (Weakest): "Healthy Snacks" or "Fast Web Design." These are nearly impossible to trademark because they simply describe the product or service. Competitors need to use these words.

  • Suggestive (Strong): Names that hint at a benefit without describing it directly. Think "Evernote" (suggests remembering) or "Netflix" (suggests movies online). These are protectable from day one.

  • Arbitrary/Fanciful (Strongest): Arbitrary names are real words with no connection to the product ("Apple" for computers). Fanciful names are invented words ("Kodak"). They have the strongest legal protection.

Framework: Map Your Offering to USPTO Classes

Before you search, you must know what you’re searching for. The USPTO organizes all goods and services into 45 "Nice classes." This decision drives your entire search, clearance, and fee structure.

  1. Define Your Core Offering: What will you actually sell? Be specific. "Software" is too broad. "Cloud-based accounting software for freelancers" is better.

  2. Use the USPTO ID Manual: Search the official manual to find the pre-approved descriptions for your goods/services and their corresponding class numbers. A SaaS product might fall into Class 42 (Software as a Service), while downloadable software is Class 9. T-shirts are Class 25.

  3. Identify Primary and Secondary Classes: Note the one or two classes that are most critical. This is your search bullseye.

Getting this right first prevents you from clearing a name in the wrong category—a fatal error.

2. Run a 3-Layer Knockout Search

A brilliant name is worthless if someone else already has rights to it. A "knockout search" is a methodical, multi-layered investigation to find obvious conflicts that would kill your application.

Layer 1: Federal Conflicts (USPTO Database)

Your most important stop is the official USPTO database. This is where you hunt for registered and pending trademarks that could block you.

  • Search the USPTO Trademark Search system. This is the official and current tool (TESS is retired).

  • Check Exact Matches: The low-hanging fruit. If "Zenith AI" is taken for software, you move on.

  • Search Sound-Alikes & Look-Alikes: An examiner will see "Kwik" and "Quick" as identical. Search for phonetic equivalents and alternative spellings.

  • Search Related Goods/Services: A name doesn’t have to be identical to be blocked. If "Aura Health" exists for medical devices, your "Aura Wellness" for a meditation app will likely be rejected for "likelihood of confusion."

Layer 2: Common-Law Use (Google, Socials, State Databases)

A federal registration isn't the only source of trademark rights. A business using a name in commerce, even without registration, has "common law" rights in its geographic area.

Pitfall: Many founders only search the USPTO database. Wrong. Dead wrong. An unregistered local business can absolutely block your federal registration.

  • Deep Google Search: Use search operators like "your name" + industry to uncover hidden uses. Go beyond the first page.

  • Social Media & App Stores: Scour Instagram, LinkedIn, X, and both the Apple and Google Play stores for handles and app names.

  • Secretary of State Databases: Search business entity registrations in key states where you plan to operate. This can reveal local businesses flying under the federal radar.

Layer 3: Bonus Tools (AI-Powered Broad Scan)

After manual digging, an AI-powered tool can provide a final safety net. Tools like tmsearch.ai can run a rapid, broad check across multiple databases. This is not a substitute for a direct USPTO search but can help surface outliers you might have missed.

3. Choose Your Protection Scope (State vs. Federal)

Choosing between state and federal registration is a strategic decision that defines the boundaries of your legal shield.

Feature

State Registration

Federal Registration (USPTO)

Geographic Scope

Protects you only within that state's borders.

Gives you nationwide rights across all 50 states.

Best For

Truly local businesses with no online sales or plans to expand (e.g., a single-location bakery, a town landscaper).

The default for any business operating or shipping across state lines. Essential for e-commerce, SaaS, and scalable brands.

Legal Standing

Allows use of the ™ symbol to claim rights.

Grants the right to use the coveted ® symbol, signaling federal registration and superior legal power.

For any founder with national ambitions, federal registration is the only serious option. It establishes your priority nationwide, allowing you to stop later users in other states.

4. File the Application (The Right Way)

Precision is everything when filing with the USPTO. Small mistakes cause costly delays or outright rejections.

You’ll file at the USPTO's Trademark Center. As of January 18, 2025, the base application fee is $350 per class.

Pitfall & Gotcha: Use the pre-approved terms from the USPTO’s ID Manual for your goods/services. Writing a free-form "custom" description will trigger a $200 per-class surcharge and invite extra scrutiny from the examiner. Don’t do it unless absolutely necessary.

Framework: Choose Your Filing Basis

Your "filing basis" is a critical choice that impacts your timeline and requirements.

  • Basis 1(a) "Use in Commerce": Choose this if you are already selling goods or services under the name across state lines. You must submit proof of use (a "specimen") with your application.

  • Basis 1(b) "Intent-to-Use" (ITU): Choose this if you have a bona fide plan to sell but haven't launched yet. This is powerful because it locks in your priority date, reserving your spot in line before you go live.

If you file under 1(b), after your application is approved (a "Notice of Allowance"), you must later file a Statement of Use (SOU) for $150/class. If you’re not ready, you can file up to five 6-month extensions at $125/class each.

5. Prosecution Basics (What to Expect)

Hitting "submit" is just the start. Your application will be assigned to a USPTO examining attorney.

You may receive an "office action"—a formal letter raising legal issues. This is not a final rejection. You have 3 months to respond with a legal argument (extensions are available). Once all issues are resolved, your mark is published for a 30-day opposition window where third parties can object. If there’s no opposition, your trademark proceeds to registration.

6. After Registration: Keep It Alive

A trademark is not a "set it and forget it" asset. You must actively maintain it, or it will be canceled.

  • Years 5–6: File a Section 8 declaration to prove continued use. This is also when you can file an optional Section 15 declaration to make your mark "incontestable," which significantly strengthens it.

  • Every 10 Years: File a combined Section 8 & 9 renewal to keep your registration active for another decade.

Missing these deadlines is fatal to your registration.

7. Monitor & Enforce

The USPTO grants you the rights, but you are responsible for policing them.

  • Monitor: Set up watches or alerts to be notified of new, similar trademark filings.

  • Enforce: When you find a confusingly similar use, you must act. This usually starts with a cease-and-desist letter from an attorney.

Pitfall & Gotcha: After you file, you will receive scam solicitations that look like official government invoices, demanding fees for "listing" services. These are worthless. The USPTO warns about them. All official correspondence will come directly from the "United States Patent and Trademark Office."

8. Name vs. Business Name vs. Domain (Don't Confuse Them)

This is the most dangerous misconception for new founders. These three things are completely separate:

  • Business Entity (LLC/DBA): Registering with your Secretary of State lets you operate legally. It provides zero trademark rights.

  • Domain Name: Securing the .com gives you an address online. It does not give you brand ownership rights.

  • Federal Trademark: This is the only one that grants you exclusive, nationwide legal rights to use your name for your specific goods/services.

Quick Cost Snapshot (USPTO Fees, 2025)

  • Application: $350 per class.

  • Statement of Use (for 1b filings): $150 per class.

  • Extension to file SOU: $125 per class (up to five).

  • Maintenance: Fees for Section 8 (yrs 5-6) and Section 8+9 (every 10 yrs) renewals.

When to Bring in a Trademark Attorney

While a DIY filing is possible for a highly distinctive name, you should hire an attorney if:

  • The name is mission-critical and you can't afford a rejection.

  • Your name is borderline descriptive and will likely face an office action.

  • You're in a crowded market where a deep, professional clearance search is essential.

  • You plan to scale fast or internationally.

The cost of a rebrand or legal battle will dwarf the upfront cost of expert legal counsel. Protecting your brand is an investment, not an expense. For more on this, our guide on if you need to trademark your business name provides deeper context.

Next Steps Checklist

  • Define Your Offering: Finalize what you’ll sell and map it to 1-2 primary USPTO classes using the ID Manual.

  • Conduct Your 3-Layer Search: Methodically run a knockout search on the USPTO database, Google/socials, and state business portals. Document your findings.

  • Secure Digital Assets: If the name appears clear, register the primary domain name and key social media handles immediately.

  • Decide on Filing Strategy: Choose between a 1(a) Use in Commerce or 1(b) Intent-to-Use application and decide if you need an attorney to file.

  • Budget for the Full Lifecycle: Account for application fees, potential SOU/extension fees, and long-term maintenance costs.

Ready to find a distinctive name that’s built to be protected? The AI-powered tools at Nameworm can help you generate unique ideas and run instant availability checks, giving you a powerful head start. Find your name at https://www.nameworm.ai.