Can I Trademark My Business Name?
If you’re launching a new company or expanding your brand, one of the first legal steps to consider is how to trademark a business name. Securing a trademark gives you exclusive rights to your brand name and protects it from competitors that could confuse your customers or dilute your reputation.
In this post, we’ll explain how business name trademarks work, the benefits of registering, and how a trademark attorney can help you avoid common pitfalls.
What Is a Trademark?
A trademark is a word, phrase, symbol, or design that identifies the source of goods or services. It helps customers recognize your brand and distinguish it from others in the marketplace. When you trademark your business name, you gain legal rights to use that name in commerce and prevent competitors from using confusingly similar names.
Can You Trademark a Business Name?
Yes—but it must meet certain criteria:
- It must be distinctive: The name should be unique or suggestive. Generic terms (like “Great Pizza”) or overly descriptive names often can’t be registered.
- It can’t conflict with existing trademarks: Your name can’t be identical or confusingly similar to a trademark that’s already registered. A trademark clearance search helps ensure your name is legally available.
- It must be used in commerce: You must be actively using the name to promote goods or services. While you can file based on intent to use, actual use is required for final approval.
Registering your trademark with the United States Patent and Trademark Office (USPTO) gives you stronger legal protection and nationwide rights.
Why Trademarking Your Business Name Matters
Formal trademark registration provides powerful benefits:
- Exclusive brand protection: Keep other businesses from using similar names that could confuse your customers.
- Legal leverage: If someone infringes on your name, you’ll have the legal tools to take action and recover damages.
- Professional credibility: A registered trademark signals that you’ve taken steps to protect your brand identity.
- Nationwide rights: Even if your business is local today, a federal trademark gives you rights across all 50 states.
How a Trademark Lawyer Can Help
While it’s possible to file on your own, a trademark attorney helps you avoid costly mistakes and improves your chances of approval.
A trademark lawyer can:
- Run a full search of the USPTO database and other sources to identify potential conflicts
- Prepare and file your application correctly to avoid delays or rejections
- Respond to USPTO office actions or resolve disputes if someone challenges your application
By working with a trademark law firm, you get expert legal guidance and peace of mind that your brand is protected.
So, can you trademark your business name? Absolutely—but don’t leave the process to chance. Registering your trademark early in your business journey can save you from legal headaches and establish long-term brand protection.
About the Author
Ethan Wall is a social media attorney and the founder of The Social Media Law Firm, the first law firm focused exclusively on social media legal issues. A trusted legal advisor, professor, and keynote speaker, Ethan helps businesses protect their brands through trademark services, sweepstakes compliance, influencer contracts, and startup legal guidance. The Social Media Law Firm offers flat-fee legal services tailored to small businesses, creators, and growing brands—schedule your free consultation today.
