How to claim a company name?
Asked by: Mrs. Stephany Boyle | Last update: June 10, 2026Score: 4.4/5 (72 votes)
To claim a company name, first check availability (state registry, USPTO, domain), then register your business with your Secretary of State (for LLCs/Corps) or get a DBA ("Doing Business As") if just using a trade name, and finally, file for a federal trademark with the United States Patent and Trademark Office (USPTO) for nationwide protection. This multi-step process secures your name legally, from local registration to national brand protection.
How to legally claim a brand name?
Once you have figured out which forms you need to file, you are officially ready to start the trademark application process.
- Step 1: Do a trademark search. ...
- Step 2: Finalize your mark. ...
- Step 3: File your trademark application. ...
- Step 4: Monitor your application status. ...
- Step 5: Receive your trademark registration.
How do I claim ownership of a name?
You will need to register it as a trademark with the United States Patent and Trademark Office. The name that you select for your company must be distinctive to receive trademark protection.
How to check if a company name is taken?
To check if a business name is taken, search your State Secretary of State's business registry for registered entities, the USPTO database (TESS) for trademarks, and conduct a broad Google search to find potential common-law uses and online presence, while also checking domain registrars and social media for online availability and established brands.
How do I legally own my business name?
To get a legal business name, choose a unique name, check its availability with your state's Secretary of State and the USPTO's trademark database, then register it through your business structure (LLC, Corp) or by filing a Doing Business As (DBA) for assumed names, securing domain names, and potentially trademarking it for federal protection.
HOW TO NAME YOUR COMPANY (get the best Trademark!)
Is an LLC a legal name?
Your LLC's legal name is your company's name listed on its state business registration. You'll need to include the designation “LLC” or a similar designator (these vary by state) in your business name on your state business registration application.
How much does it cost to own a company name?
If you're filing for a trademark to protect your business name on a national level, the cost starts from $250–$350 for just the application, plus legal fees if you decide to hire an attorney.
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.
How much does it cost to trademark a name?
Trademarking a name costs roughly $350–$850 for basic federal filing, depending on the application type and number of goods/services classes, but can rise to several thousand with attorney fees for searching and complex filings, with ongoing maintenance fees for renewal. The primary government fee is $350 per class using the standard online form (TEAS Standard), with cheaper (TEAS Plus) or pricier options, plus potential surcharges and ongoing maintenance costs for renewal and monitoring.
Is it better to trademark or LLC?
An LLC protects personal assets from business liabilities (legal structure), while a trademark protects brand identity like names, logos, and slogans from copycats (intellectual property); they serve different roles, with an LLC forming the business foundation and a trademark safeguarding its brand, often used together for comprehensive business protection. Forming the LLC first offers a legal entity, but registering the trademark first secures brand rights earlier, with many recommending an availability search before either.
How do you prove ownership of a business?
Key Documents That Prove Business Ownership
- Articles of Incorporation or Articles of Organization. ...
- Operating Agreement (for an LLC) ...
- Share Certificates. ...
- Partnership Agreement. ...
- Business License. ...
- Tax Identification Documents.
- Registering Your Business. ...
- Working with Legal Professionals.
How can I claim a name?
Register a trademark to ensure that you have exclusive rights to use your designs to sell your products or services. Registering your trademark is a way of proving that you have been using the name and preventing others from using design assets or a name that is the same or too similar to yours.
Is it worth trademarking a company name?
Registering the trademark ensures that the business owner is entitled to exclusive rights to the business name associated with the class of goods or services. Filing a trademark also allows the potential trademark owner of the business to file a lawsuit in federal court to enforce the trademark.
Do I need a lawyer to trademark a name?
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.
How long does a trademark last?
Trademarks do not have expiration dates.
A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).
What names cannot be trademarked?
Names that can't be trademarked are typically generic terms (like "Coffee" for coffee), merely descriptive terms (like "Best Tasting" for food) without proven consumer recognition, common surnames, geographically descriptive names, and marks that are deceptive, offensive, scandalous, or confusingly similar to existing marks, as well as official insignia or symbols. These are generally barred because they aren't unique enough to identify a single source or would hinder public use and fair competition.
What to call yourself if you own an LLC?
Official Titles for LLC Owners
State business laws refer to an LLC owner as an “LLC member.” Most states require an LLC to have at least one member (see LLC member definition). Thus, you can use the built-in tile of “member” if you run a single-member LLC.
What does LLC 🕊 💔 mean?
The phrase "LLC 🕊️💔" usually means a Limited Liability Company (LLC) that has recently passed away (🕊️ - dove emoji), often due to the owner's death, signifying the dissolution or closure of the business and the heartbreak/loss (💔 - broken heart emoji) associated with it, especially on social media where influencers or creators use it to announce a business closing or personal tragedy affecting their brand.
What are high risk business names?
Cautionary High Risk Business Names
- Risky Ventures.
- Unstable Solutions.
- Gamble Enterprises.
- Hazardous Holdings.
- Fragile Startups.
- Reckless Investments.
- Wobbly Innovations.
- Precarious Projects.
Should I get a 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.
Can I change my business name and keep the same EIN?
Yes, in most cases, you can change your business name and keep the same EIN because the IRS typically only requires a new EIN for major changes in ownership or structure, not just a name change. You must notify the IRS of the name change by sending a written notice or, if you haven't filed your current year's return, by checking the name change box on your tax form (like Form 1120 or 1065).
How much money to start an LLC?
Starting an LLC costs anywhere from under $100 to over $1,000, primarily driven by state filing fees ($35-$500), with additional potential costs for a Registered Agent ($100-$300/yr), Operating Agreement ($0-$1,000+), and business licenses (varying widely). The total depends heavily on your state, whether you DIY or use services, and any required ongoing compliance like annual reports or franchise taxes.