Your LLC name is not a trademark
When your state accepts your Articles of Organization, it only means no other entity in that state has the same name. It doesn’t stop a company in another state — or one in your state using a DBA — from using a similar brand. A federal trademark registered with the US Patent and Trademark Office (USPTO) gives nationwide rights in your class of goods or services.
How to trademark a business name, step by step
- Check the name is available. Search the USPTO trademark database and the web for identical or confusingly similar names in your industry. Your LLC being registered with the state does not mean the name is free to trademark.
- Choose your classes. Every application covers one or more classes of goods or services; the USPTO charges $350 per class. Use descriptions from the Trademark ID Manual to avoid surcharges.
- Decide on the filing basis. File “in use” if you already sell under the name, or “intent to use” if you plan to — which adds a statement-of-use fee later.
- File the application. File online with the USPTO yourself, or through an attorney or filing service. Owners outside the US must use a US-licensed attorney.
- Respond to the examiner. An examining attorney reviews the application and may issue an office action you must answer by the deadline.
- Publication and registration. Approved marks are published for opposition. The USPTO says the process usually takes 12 to 18 months, with no guarantee of registration.
- Maintain it. File maintenance documents and renew every 10 years ($650 per class) to keep the registration alive.
USPTO trademark fees
| Fee | Amount |
|---|---|
| Base application, per class of goods/services | $350 |
| Insufficient information surcharge, per class | $100 |
| Using free-form text instead of the Trademark ID Manual, per class | $200 |
| Each extra 1,000 characters of free-form text, per class | $200 |
| Intent-to-use: statement of use, per class | $150 |
| Intent-to-use: each 6-month extension, per class | $125 |
| Renewal every 10 years, per class | $650 |
From the USPTO fee schedule effective January 18, 2025. Example: one class described with ID Manual wording = $350; two classes = $700.
Filing yourself vs a filing service
Filing directly with the USPTO costs only the government fees. Services add a search, attorney review and help with the paperwork; attorneys add advice on registrability and office actions. Owners outside the US must use a US-licensed attorney.
Trademark Engine
From $49 + USPTO fees
- Application reviewed by a US-licensed attorney
- Federal and common-law search included
- Packages from $49 plus government fees
Watch out: USPTO fees ($350 per class) and a $100 service fee are extra
General information, not legal, tax or financial advice. Verified October 19, 2026. We may earn a commission if you sign up through our links, at no cost to you. How we’re funded.
Frequently asked questions
Does forming an LLC trademark my business name?
No. State LLC registration only stops another company from registering the same name as an entity in that state. A federal trademark protects the brand nationwide for your goods or services.
How much does it cost to trademark a business name?
The USPTO base fee is $350 per class, plus surcharges of $100–$200 per class in some cases. Filing services and attorneys charge on top: Trademark Engine’s packages start at $49 plus government fees and a $100 service fee.
How long does a trademark take?
The USPTO says the process usually takes 12 to 18 months, and there’s no guarantee the mark will register.
Do I need a lawyer to file a trademark?
US-based owners can file themselves. Owners domiciled outside the US must be represented by a US-licensed attorney. An attorney also helps with searches and office actions.
Can I trademark a name I’m not using yet?
Yes, with an intent-to-use application. You’ll later file a statement of use ($150 per class) once you start selling, or extensions ($125 per class each) if you need more time.
Your LLC setup checklist
- Get a free EINFrom the IRS, in minutes online.
- Open a business bank accountKeep LLC money apart from yours to protect the liability shield.
- Sign an operating agreementSettle who owns and decides what before it matters.
- Get business insuranceCover what the LLC itself doesn’t protect.
- Plan your taxesKnow your tax status and federal due dates.
- Track state deadlinesFree reminders before each filing.
Everything in one list: printable LLC compliance checklist · live deadline calendar.