How to trademark a business name cheaply

Before you file anything, run a free search on the USPTO’s TESS database. Type in your business name and see if someone else already owns it. If you find a match, stop. Using a name that’s already trademarked is a fast way to get sued—and no amount of cheap filing will fix that.

Here’s the catch: the search isn’t foolproof. The USPTO’s system is clunky, and similar names can slip through. For example, I once worked with a client who wanted to trademark ‘BrewHaven’ for a coffee shop. The TESS search came back clean, but a quick Google search revealed a brewery in Oregon using ‘BrewHvn’—same pronunciation, different spelling. That’s a lawsuit waiting to happen.

If your name is generic (like ‘Best Pizza’), don’t bother. The USPTO will reject it. Aim for something distinctive but not so unique that customers won’t remember it. Think ‘Nike’ over ‘Swoosh Athletic Apparel.’

The USPTO offers two filing options: TEAS Standard ($350) and TEAS Plus ($250). The only difference? TEAS Plus requires you to pick your goods/services from a pre-approved list. That’s it. Most small businesses won’t need the ‘custom’ option, so skip it.

Here’s how to do it:

- Go to the USPTO’s TEAS page and select ‘TEAS Plus.’

- Search for your business category (e.g., ‘coffee shop’ or ‘software development’).

- Pick the closest match from the dropdown.

- If you can’t find an exact fit, choose the next best option. The USPTO won’t reject your application for picking ‘retail store services’ instead of ‘online boutique.’

Pro tip: If you’re filing for multiple classes (e.g., selling both coffee and merch), do them separately. Filing one class at a time keeps costs down if you later decide to drop a category.

You don’t need a lawyer to file a trademark. I’ve done it myself for my consulting business, and it took about 2 hours. The USPTO’s online system walks you through every step, and the questions are straightforward.

But here’s where people mess up:

- Descriptions: Be specific but not overly broad. ‘Clothing’ is too vague; ‘t-shirts, hoodies, and hats’ is better.

- Specimens: You’ll need to show proof that you’re using the name in commerce. For an online store, a screenshot of your website with the name and a product works. For a physical store, a photo of your signage or packaging.

- Deadlines: The USPTO gives you 6 months to respond to office actions (rejections or requests for clarification). Miss the deadline, and your application is abandoned.

If you get an office action, don’t panic. Most are fixable. Common issues include:

- Likelihood of confusion with an existing mark (e.g., ‘BrewHaven’ vs. ‘BrewHvn’).

- Descriptive or generic terms (e.g., ‘Best Coffee’).

- Missing or unclear specimens.

You can respond yourself or hire a lawyer just for this part. Many offer flat-fee responses for $200–$500.

After you file, the USPTO will assign an examining attorney to review your application. This takes 3–6 months. During this time, they might send you an ‘office action’—a letter outlining issues with your application.

Here’s what to do:

1. Check your email regularly. The USPTO only sends notifications to the email address on file. If you miss an office action, your application will be abandoned, and you’ll lose your filing fee.

2. Respond quickly. You have 6 months to reply, but the sooner you address issues, the faster your application moves forward.

3. Use the USPTO’s TSDR system. This lets you track your application’s status in real time. Bookmark it and check it weekly.

I once worked with a client who ignored an office action because they thought it was spam. By the time they realized their mistake, the 6-month deadline had passed, and they had to refile (and repay the $250 fee). Don’t let that be you.

After the examining attorney approves your application, it’s published in the USPTO’s Official Gazette for 30 days. During this time, anyone can oppose your trademark if they believe it conflicts with theirs.

Oppositions are rare for small businesses, but they do happen. If you get one, don’t panic. Most can be resolved without going to court. Here’s how:

- Review the opposition. What’s the basis? Likelihood of confusion? Prior use?

- Talk to the opposer. Often, they’re willing to negotiate. Maybe they’ll let you use the name in a different geographic area or for different goods.

- Hire a lawyer if needed. If the opposer won’t budge, you’ll need to respond formally. Many trademark attorneys offer flat-fee opposition responses for $1,000–$2,000.

If no one opposes your trademark, congratulations—you’re almost done. The USPTO will send you a registration certificate within 2–3 months.

Trademarks don’t last forever. You’ll need to file maintenance documents to keep yours active. Here’s the schedule:

- Between years 5 and 6: File a ‘Section 8 Declaration’ ($225 per class) to show you’re still using the mark.

- Between years 9 and 10: File a ‘Section 8 Declaration’ and a ‘Section 9 Renewal’ ($525 per class).

- Every 10 years after that: Repeat the Section 8 and 9 filings.

Miss a deadline, and your trademark is canceled. No refunds.

Pro tip: Set calendar reminders for these deadlines. The USPTO won’t send you a reminder, and missing a filing is an expensive mistake.

Also, keep using your trademark. If you stop using it for 3+ years, someone can file a ‘petition to cancel’ your mark. Use it or lose it.

A trademark is only as strong as your willingness to enforce it. If you don’t stop others from using your name, you risk losing your rights.

Here’s how to enforce it cheaply:

- Set up Google Alerts. Monitor for unauthorized use of your name.

- Send cease-and-desist letters. If you find someone using your name, send a polite but firm letter asking them to stop. Use a template (many are available online for free).

- File a complaint with online marketplaces. Amazon, Etsy, and eBay all have trademark infringement forms.

- Take legal action if needed. If someone refuses to stop, you may need to sue. This is expensive, but sometimes necessary.

I once worked with a client who ignored a competitor using their name for 2 years. By the time they tried to enforce their trademark, the competitor had built a strong brand, and the court ruled in their favor. Don’t let that happen to you.

You can file a trademark yourself, but there are times when hiring a lawyer is worth the cost. Here’s how to decide:

DIY if:

- Your name is unique and unlikely to face opposition.

- You’re filing for one class of goods/services.

- You’re comfortable navigating the USPTO’s website.

Hire a lawyer if:

- Your name is similar to an existing trademark.

- You’re filing for multiple classes.

- You’ve received an office action or opposition.

- You’re expanding internationally.

If you hire a lawyer, expect to pay $500–$1,500 for a straightforward filing. Avoid ‘trademark mills’ that promise cheap filings but provide little support. Look for a lawyer who specializes in trademarks and has experience with your industry.

One last thing: Don’t fall for scams. After you file, you’ll get mail from companies offering to ‘register’ your trademark for $1,000+. These are scams. The USPTO is the only official source for trademark registration.