How long does it take to trademark a name?
Asked by: Prof. Joanny Mante V | Last update: April 8, 2026Score: 5/5 (7 votes)
Registering a trademark in the U.S. typically takes 12 to 18 months, but can vary widely depending on the application's complexity, examiner workload, and any potential issues like office actions (rejections) or oppositions from other parties, with a smooth process taking around a year and complex cases potentially longer. The first steps involve initial review (3-4 months), followed by a publication period, and then final registration if all goes well.
How quickly can you trademark a name?
Generally, it can take anywhere between one and two months to get your trademark application reviewed and finalized. Processing times can vary depending on the details of the request and how busy the trademark office is at the time.
How much does it cost to trademark a name?
Trademarking a name costs between approximately $225 to $400+ for the initial U.S. federal application fee per class of goods/services, with common options like TEAS Plus at $225 and TEAS Standard at $350+ through the USPTO. Total costs vary significantly, potentially reaching several hundred to thousands with attorney fees, clearance searches, and future maintenance fees (due years 5-6 and every 10 years).
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
Is it difficult to trademark a name?
Trademarking a business name is a complex process. All the bureaucracy and long waiting can get overwhelming and frustrating, especially for a small business owner.
How To Register a UK Trademark For Your Brand Name | Step-By-Step Tutorial
Do I need an LLC to trademark a name?
You do not need to own an LLC to file a trademark. However, file for an LLC first can give you two distinct advantages. The first advantage is some degree of privacy. The second benefit is foregoing the need to assign a trademark to your company.
Did Taylor Swift trademark her name?
Yes, Taylor Swift has a massive trademark portfolio protecting her name, albums (like Midnights, 1989), iconic lyrics ("This Sick Beat," "The Old Taylor Can't Come to the Phone Right Now"), tour names, and even her cats (Meredith, Olivia, Benjamin) and fan terms ("Swifties," "Swiftmas") for various products and services. Her proactive strategy covers a wide range of merchandise and commercial uses to maintain brand control.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
What are the disadvantages of a trademark?
This article will take you through 5 disadvantages of trade marks.
- Trade Mark Classes Cannot Be Altered. One key difficulty with trade marks is that you cannot alter trade mark classes. ...
- Difficulty with Litigation. ...
- Renewals. ...
- Protection Limitations. ...
- Risk of Being Genericised.
What names to avoid for LLC?
You should avoid LLC names that are misleading, include restricted words like "bank" or "insurance" (unless licensed), contain offensive language or suggest illegal activity, are too similar to existing trademarks, imply professional licensing you don't have (like "CPA"), or use overused clichés (like "Apex" or "Pinnacle"). Always check your state's specific rules and ensure the name isn't already registered or trademarked.
Do I need a lawyer for a trademark?
No, a U.S.-based applicant isn't legally required to use an attorney to file a trademark, but it's strongly recommended because the process is complex, and mistakes can lead to rejection or weak protection. An attorney handles crucial tasks like trademark clearance searches, class selection, responding to Office Actions, and ensuring proper legal arguments, significantly increasing the chances of approval and providing better overall protection, though foreign applicants must use a U.S.-licensed lawyer.
What are common trademark mistakes?
Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.
Can I trademark a logo myself?
You can file a trademark application yourself through the government's website, and it's the cheapest option at $350.
Can I use my trademark while it's pending?
Trademark applicants must wait until they have been given official approval from the USPTO before using the registered trademark symbol (®). Although using TM or SM is allowed at any time, using the registered symbol while a trademark is still pending is a criminal or civil offense in many jurisdictions.
Can I get a trademark for free?
There is no way to register a name trademark for free because you will always have to pay at least a small fee that covers the costs of examining and processing your trademark application. There is no way to get a federal trademark for free.
What happens after you trademark a name?
If you register your name with the USPTO, your name gets broader and stronger legal protection. So, if someone uses your name for unauthorized gain, while you have some protection of your common law trademark, you'll have more rights and a better legal case if you've registered your trademark.
Should I trademark or LLC first?
For most businesses, form your LLC first, then trademark, because the LLC becomes the legal owner of the trademark, providing asset protection and official business status, but it's wise to do a trademark search before finalizing your LLC name to avoid conflicts and costly rebranding later. Forming the LLC first establishes the entity that will own the mark, simplifying ownership, but checking name availability before formation prevents issues where your chosen business name is already trademarked.
What cannot be trademarked?
The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they don't identify source)
What are the 7 types of trademarks?
There isn't a single, universally agreed-upon list of exactly "7 types," as classifications vary, but common categories focus on what is protected (words, shapes, sounds) or strength/function (fanciful, descriptive), with key types including Word Marks, Service Marks, Logos/Device Marks, Color Marks, Sound Marks, Shape Marks, Certification Marks, Collective Marks, Trade Dress, Pattern Marks, Motion Marks, & Hologram Marks, often categorized by strength like Fanciful, Arbitrary, Suggestive, Descriptive, and Generic.
Can I use a trademark before it's registered?
Unlike most countries, US trademark law generally requires that a mark be in use before it can be protected. The US recognizes common law rights in unregistered marks if they have been adopted in good faith and are in actual use on a product or to provide a service to the public.
Can I use brand registry without a trademark?
To enroll a brand in Brand Registry, your brand must have an active registered trademark or a pending trademark registration.
Can I put TM on my logo without registering?
If you want to claim a mark as your own before it has been officially registered, you can use the trademark symbol if you sell goods, ™, or the service mark symbol if you sell services, SM. You can use these even if you have not filed an application to register your mark.
What words did Kylie Jenner trademark?
Kylie sings "rise and shine" to daughter Stormi, the internet explodes. Now she's trademarked it. Read our editor's guess as to why here.
Did Taylor Swift have a 4.0 GPA?
Yes, Taylor Swift had a perfect 4.0 GPA in high school, completing her junior and senior years early through homeschooling to focus on her music career, demonstrating strong academic performance alongside her musical success.