How much does it cost to protect your business name?
Asked by: Dr. Celestino Streich | Last update: February 15, 2026Score: 4.2/5 (64 votes)
Protecting a business name costs from under $100 (state level) to several hundred dollars (federal level) for basic filing, with federal registration at the USPTO costing roughly $250-$400 per class of goods/services online, plus potential attorney fees (hundreds to thousands) and ongoing maintenance fees every 5-10 years, adding hundreds more per class. Costs increase with more services/products (classes), using lawyers for searches and filings, and essential upkeep.
How much does copyrighting a business name cost?
Online trademark application fees
The USPTO prefers that applicants file electronically through the Trademark Center (formerly known as the Trademark Electronic Application System or TEAS). The cost of filing an application online is $350 for a business name in a single class of goods and services.
How do you legally protect your business name?
Register your business name to protect it
- Entity name protects you at a state level.
- Trademark protects you at a federal level.
- Doing business as (DBA) doesn't give legal protection, but it might be legally required.
- Domain name protects your business website address.
Will an LLC protect my business name?
While forming an LLC is an important step in establishing your business, it does not provide comprehensive protection for your business name. To ensure your name is secure, especially if you plan to operate in multiple states or nationally, consider registering a trademark.
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.
Protecting Your Business Name - LLC, DBA, or Trademark?
What names to avoid for LLC?
You should avoid LLC names that are misleading, offensive, too similar to existing brands, or use restricted words like "Bank," "Trust," or "Insurance" without proper licensing; also steer clear of implying government affiliation or illegal activity and names that are hard to spell or remember, as these can cause legal issues, confusion, or hinder branding.
Can someone legally use my LLC business name?
No. Granted, forming an LLC does offer a solid foundation for protecting your business identity. The structure of an LLC shields personal assets in legal situations.
At what income is an LLC worth it?
There's no magic income number for an LLC; it's more about risk, credibility, and potential tax benefits, but many experts suggest considering one when your business net profit hits $30,000-$60,000, or sooner if you have high personal assets or liability exposure (like selling products that could cause harm). An LLC protects personal assets from business debts and lawsuits, offers tax flexibility (like S-corp election), and boosts professionalism, making it valuable even before substantial income, especially with high risk or significant assets to shield.
Can someone sue me personally if I have an LLC?
Yes, someone can sue you personally even if you have an LLC, but it's generally for your own wrongful acts or if you fail to maintain the LLC's separation from your personal life (piercing the corporate veil), not for the LLC's ordinary business debts or liabilities, which are usually protected. Exceptions include personal negligence, intentional harm, personally guaranteed loans, unpaid payroll taxes, and failing to follow business formalities.
Why do people put LLC after their business name?
Why do businesses include “LLC” in the name? Including “LLC” helps establish the business as a legally recognized Limited Liability Company. This ensures liability protection for the owners and conveys transparency and professionalism to clients and vendors.
How do I make sure no one can steal my business name?
How to Protect Your Business Name
- Register your business name. The first step is to register your business with local and state agencies. ...
- Apply for a trademark. Next, you can apply for a federal trademark with the United States Patent and Trademark Office (USPTO). ...
- Keep detailed records. ...
- Talk to a business lawyer.
What are the downsides of a DBA?
Cons of a DBA
No liability protection: Your personal assets remain at risk if your business faces lawsuits or debts. This is the most significant drawback when considering is a sole proprietorship with a DBA better than an LLC—they definitely are not equivalent in terms of protection.
How to check if a name is trademarked?
To check if a name is trademarked, start with the USPTO's TESS database, searching for exact and similar terms in your industry, then expand your search to your state's Secretary of State database, Google for common law uses, and international databases like WIPO, as a full search requires checking federal, state, common law, and international registers for similar marks in related goods/services.
What is the 3 month rule for copyright?
The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP.
Is it better to trademark a name or logo?
Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself. With their generous set of rights, standard character marks allow you to preserve near-complete control over your business name.
What names cannot be trademarked?
You can't trademark names that are generic (like "Coffee" for coffee), merely descriptive (like "Fast Shipping" for delivery), misleading, or that use official government symbols or names; surnames are difficult unless widely recognized, and offensive terms are generally prohibited, all to keep common language and essential product descriptors open for public use.
What does LLC not protect against?
If an LLC member personally guarantees a business's loans or obligations, he or she will be held liable for any default. An LLC won't protect a member who commits a wrongful act or is negligent in a way that results in harm to another person, such as fraud or assault.
What happens if you sue an LLC with no money?
Suing An LLC Owner With No Assets
Suing a company with no assets or one that is out of business does not result in debt repayment. The owners of such companies may have personal assets sufficient to repay the debt.
How do I hide my assets once being sued?
The 8 Ways To Protect Your Assets From A Lawsuit You Should Know About
- Use Business Entities. ...
- Personal Insurance Ownership. ...
- Utilizing Retirement Accounts For Asset Protection. ...
- Homestead Exemptions. ...
- Titling. ...
- Annuities And Life Insurance. ...
- Transfer Assets To Your Loved Ones.
What is the $600 rule in the IRS?
The IRS $600 rule refers to the reporting threshold for third-party payment apps (like PayPal, Venmo, Cash App) for income from goods/services, where they send Form 1099-K to you and the IRS for payments over $600 in a year. While the American Rescue Plan initially set this lower threshold for 2022 and beyond, the IRS delayed implementation, keeping the old rule ($20,000 and 200+ transactions) for 2022 and 2023, then phasing in a $5,000 threshold for 2024, before recent legislation reverted the federal threshold back to the old $20,000 and 200+ transactions for 2023 and future years (as of late 2025/early 2026), aiming to reduce confusion.
What happens if you start an LLC and do nothing?
If you start an LLC and do nothing, it can remain inactive, but you'll likely face state requirements like annual fees and reports, potentially leading to suspension or penalties, and still need to handle federal taxes (like reporting expenses on Schedule C for single-member LLCs) or file corporate returns (if elected as C or S corp), even with no income, while risking loss of liability protection and business credit if you ignore compliance, says LegalZoom, BetterLegal, Law 4 Small Business, Imani Law, and Northwest Registered Agent.
What are 5 disadvantages of LLC?
Five disadvantages of an LLC include higher taxes (self-employment tax), difficulty attracting investors, increased compliance/fees (state filings), complex equity/ownership transfers, and potential for personal liability if formalities aren't followed ("piercing the corporate veil"). Owners must also be diligent about separating business and personal finances, which adds administrative work.
What names should you not use in an LLC?
Your LLC's name can't contain the words like “bank,” “trust,” “trustee,” “insurer,” “insurance company” or any other words suggesting you're in the insurance business (unless you are). You can't include things like “incorporated,” “inc.” or “corporation,” because your LLC is not a corporation.
What do you call yourself if you own an LLC?
If you own an LLC, you are legally called a Member, but you can use various public-facing titles like Owner, Managing Member, CEO, President, or Founder, depending on your role, state rules, and desired image, as long as it's not misleading and aligns with your operating agreement.
Can I transfer my business name to another person?
If your business has a new owner and they want to use the business name, you can transfer the registration.