How to Trademark Your LLC Name or Logo — USPTO Application Guide, Classes, and Specimen Requirements (2026)

Before you start

What to know first

A federal USPTO trademark protects a brand name, logo, or slogan used in commerce across the United States — it is entirely separate from LLC entity-name registration with a state Secretary of State.
State LLC name registration (business-name-search) prevents another LLC from using your exact name in that state — it does not prevent others from using the same name as a brand, domain, or trademark in any state.
A federal trademark provides nationwide priority and the right to use the ® symbol — it blocks others from using a confusingly similar mark on the same or related goods or services in all 50 states.
To register a trademark through the USPTO, the mark must be: (1) Distinctive — arbitrary, fanciful, or suggestive marks are registrable; descriptive or generic marks are not. (2) Used in commerce (or intended to be used) — the mark must be in actual use in interstate commerce, or you must file an intent-to-use (ITU) application and begin use within the required timeframe.
Trademark rights are class-specific — you must identify the goods or services your mark is used with and pay per class. A mark registered in Class 41 (educational services) does not protect you in Class 9 (software) — a competitor can register the same mark for different goods/services.
An intent-to-use (ITU) application establishes a priority date before you have started selling — giving you six months to begin use and file a Statement of Use (extendable up to 36 months total for $125 per class per extension).
The USPTO trademark application process takes 8–18 months from filing to registration under typical conditions — longer if the examiner issues an Office Action or if opposition is filed.
International trademark protection requires separate filings — a USPTO registration covers only the United States. For international protection, file through the Madrid Protocol via the USPTO (extending to 100+ countries) or directly in each target country.

Documents

What you'll need

The mark itself — the exact name, logo, or slogan you are registering (logo marks should be provided as a clear .jpg or .png image)
Identification of goods and services — a specific, accurate description of the goods or services the mark is used with (selected from the USPTO ID Manual for TEAS Plus)
Trademark class selection — one or more of the 45 international classes (classes 1–34 cover goods; classes 35–45 cover services)
Specimen of use (for use-based applications) — evidence the mark is currently in use in commerce: product labels, screenshots of website with purchase functionality, advertising materials showing the mark and goods/services
Date of first use in commerce — the earliest date the mark was used in interstate commerce (required for use-based applications; not required for ITU applications)
Owner information — LLC legal name (the trademark should be owned by the LLC entity, not an individual member), LLC state of formation, and mailing address
Declaration of use — a signed oath that the mark is currently in use in commerce (or, for ITU, the applicant's bona fide intent to use the mark in commerce)

Process

Step by step

Understand what a trademark protects — and what your LLC name registration does NOT protect This is the most important distinction for LLC owners: your state LLC name registration (Articles of Organization) is NOT a trademark. State LLC name registration prevents another LLC from registering the identical legal entity name in that state's SOS database — that's it. It does not: prevent a sole proprietor, corporation, or out-of-state business from using the same name as a brand; protect your name in other states; give you the right to sue for trademark infringement; or prevent domain registration under the same name. A federal USPTO trademark gives you nationwide exclusive rights to use the mark for your specific goods and services, the right to use the ® symbol, the right to sue infringers in federal court, a legal presumption that you own the mark, and the ability to block infringing imports at the U.S. border through U.S. Customs.
Run a trademark clearance search before filing Before filing, search for existing marks that could block your application or expose you to infringement claims. Steps: (1) Search the USPTO's TESS (Trademark Electronic Search System) at tmsearch.uspto.gov for identical or similar marks in your target classes. (2) Search beyond exact matches — the USPTO examines for 'likelihood of confusion,' which includes phonetically similar names, similar logos, and similar goods/services even under different marks. (3) Search state trademark databases — 45 states maintain separate trademark registries for marks used only within that state. (4) Search common law uses — businesses operating under a mark without federal registration may still have priority based on first use. Google, social media, and domain searches reveal common law users. A professional trademark search (Trademark Engine, Trademarkia, CompuMark, or Thomson Reuters) costs $50–$500 and gives a more thorough analysis than a DIY TESS search. An attorney clearance opinion typically costs $300–$800 and provides legal analysis of the risk of confusion with existing marks.
Identify your trademark class(es) — goods vs. services and your industry Trademarks are registered in specific classes covering specific goods or services. The USPTO uses the Nice Classification system (45 classes). You pay per class. Common classes for LLC businesses: Class 35 — advertising, marketing, business management services; Class 41 — education, entertainment, event management; Class 42 — scientific and technological services, computer software, SaaS; Class 44 — medical and veterinary services, health and beauty; Class 36 — financial services, insurance, real estate; Class 25 — clothing, footwear, headwear; Class 30 — food products (coffee, tea, condiments); Class 43 — restaurant and food services; Class 9 — computer hardware, downloadable software, electronic goods. You can register in multiple classes in a single application (each class adds the base filing fee). Common mistake: registering only in one class and then expanding the business into a new product/service category that is covered by a different class — you will need a new application for the new class.
Choose your filing basis: use-based or intent-to-use (ITU) There are two filing bases: (1) Use in Commerce (Section 1(a)): You are currently using the mark in interstate commerce. Requires a specimen showing actual use. This is the most straightforward path — the mark is active today. (2) Intent to Use (Section 1(b) — ITU): You have a bona fide intent to use the mark in commerce but haven't started yet. Benefits: establishes a priority date before you launch, giving you priority over anyone who files the same mark after your ITU filing date. After the USPTO approves the ITU application (issues a Notice of Allowance), you have six months to begin use and file a Statement of Use (extendable up to 36 months total, at $125 per class per extension). If you haven't started using the mark yet but are about to launch, an ITU filing is the right strategy — it lets you secure your priority date immediately rather than waiting until launch.
Prepare your specimen of use (for use-based applications) A specimen is the actual evidence that your mark is being used in commerce on the identified goods or services. Acceptable specimens differ by type: For goods (physical products): product labels, hang tags, packaging showing the mark clearly associated with the product. A website screenshot works only if it shows the mark, the goods, and a way to purchase (add-to-cart, buy-now, checkout). For services: website screenshots showing the mark used to advertise the specific services (must show the mark and describe the services clearly), brochures, advertisements, or business signage. Not acceptable: business cards alone, blank letterhead, internal documents, invoices without the mark appearing in the service advertisement context, or photos of the mark without the goods or services context. The specimen must show the mark exactly as it appears in the application — a stylized logo specimen does not support a standard character (word-only) application, and vice versa.
File through USPTO TEAS — TEAS Plus for standard goods/services, TEAS Standard for custom IDs File online at USPTO.gov using the TEAS system. LLC owners file the application in the LLC's legal name (the entity is the trademark owner, not an individual member). Application components: (1) Owner information — LLC legal name, state of formation, address. (2) Mark — standard character mark (plain text, no special fonts/colors claimed) or special form mark (specific design, font, or color combination). (3) Goods/services — select from ID Manual entries for TEAS Plus (e.g., 'retail store services featuring athletic footwear, Class 35') or custom description for TEAS Standard. (4) Filing basis — 1(a) use in commerce or 1(b) ITU. (5) Specimen (if use-based). (6) Signature — electronic signature by a member authorized to sign for the LLC. After filing, the USPTO issues a Serial Number immediately. An examining attorney is assigned within ~3 months and examines the application within 6–8 months.
Respond to any USPTO Office Action and monitor for opposition After the examiner reviews the application, one of three things happens: (1) Approved without action — the examiner approves the mark and publishes it in the Official Gazette for a 30-day opposition period. Third parties who believe the mark will damage them can file opposition during this period. This is the best outcome. (2) Non-final Office Action — the examiner raises issues (likelihood of confusion, descriptiveness, specimen problems, ID issues) and gives you three months (extendable to six) to respond. Respond promptly and thoroughly. (3) Final refusal — if your response doesn't resolve the issues, you can appeal to the Trademark Trial and Appeal Board (TTAB). After the 30-day opposition window closes with no opposition (or after opposition is resolved in your favor), the USPTO issues the Certificate of Registration — at which point you can use the ® symbol.

Costs

What it costs

Item	Amount	Notes
USPTO TEAS Plus application fee (per class)	$250	The lowest USPTO filing fee — requires selecting goods/services from the USPTO's pre-approved ID Manual entries and accepting electronic correspondence. Most straightforward trademark filings qualify. This is the recommended starting point for most LLC owners.
USPTO TEAS Standard application fee (per class)	$350	Higher fee — used when your goods or services don't fit the pre-approved ID Manual and you need custom descriptions. Allows more flexibility in goods/services descriptions. If your TEAS Plus application is rejected for ID issues, it is converted to TEAS Standard with a $100 surcharge.
Statement of Use filing fee (ITU applications, per class)	$100	Filed after you begin using the mark in commerce following an ITU application. Required to complete registration. Each six-month extension request costs $125 per class. Maximum of five extensions (36 months total) before you must show use or abandon the application.
Trademark Engine filing service (per class)	$79–$199 + USPTO fee	Trademark Engine charges a service fee above the USPTO filing fee. Includes name availability search, application preparation, and filing. Good option for straightforward single-class applications with simple goods/services descriptions.
Trademarkia filing service (per class)	$99–$199 + USPTO fee	Trademarkia offers search, filing preparation, and monitoring. Their professional attorney prosecution package includes responding to minor Office Actions. Useful for LLCs that want both a global search and filing in a single workflow.
LegalZoom trademark filing (per class)	$199–$349 + USPTO fee	LegalZoom includes a comprehensive search, application preparation, filing, and monitoring. Their IP Protect service includes attorney review and Office Action response for minor issues. Costlier than Trademark Engine or Trademarkia but includes more hand-holding.
Attorney-assisted trademark prosecution (per class)	$1,000–$3,500	A trademark attorney prepares the application, monitors the examination process, and responds to Office Actions. Strongly recommended for marks likely to face rejection (descriptive terms, common words, marks close to existing registrations) or when the trademark is core to the business's value. Attorney involvement dramatically increases the probability of registration for contested marks.
USPTO Office Action response (attorney fees)	$500–$2,000	If the USPTO examiner issues an Office Action (a refusal or requirement to amend), you have three months (extendable to six) to respond. Complex refusals (likelihood of confusion, descriptiveness) require substantive attorney arguments and evidence. Unresponded Office Actions result in abandonment.

FAQ

Common questions

Does registering my LLC name with the state protect my brand?

No. State LLC name registration prevents another LLC from registering the identical legal entity name in your state's SOS database — nothing more. It does not prevent a sole proprietor, out-of-state business, or corporation from using the same name as a brand anywhere in the country. It does not give you trademark rights, the right to use ®, or the ability to sue for brand infringement. Only a federal USPTO trademark registration gives you nationwide exclusive rights to the mark for your specific goods and services. This is one of the most important distinctions for LLC owners to understand: your Articles of Organization are not trademark protection.

What is the difference between ™ and ®?

™ (trademark symbol) can be used by anyone for any mark they are claiming trademark rights in — whether or not it is registered with the USPTO. Using ™ signals a claim of trademark rights but provides no legal guarantee. ® (registered trademark symbol) can only be used after the USPTO has granted federal trademark registration for the mark in the specific goods/services class. Using ® before registration is a federal offense. Once registered, ® signals federal protection and constructive notice to the public — meaning others cannot claim they were unaware of your rights. As a practical matter: use ™ while your application is pending; switch to ® the moment the Certificate of Registration issues.

How many trademark classes do I need to register in?

File in every class that covers goods or services your business currently offers or plans to offer in the near future. Each class costs $250–$350 in USPTO fees. Common multi-class scenarios: a clothing brand that also operates an online store needs Class 25 (clothing) and likely Class 35 (retail services) separately. A software company needs Class 42 (computer software / SaaS services). A food brand selling physical products needs Class 30 (or the relevant food class) and possibly Class 43 (restaurant services) if they also operate a café or restaurant. You cannot add classes to an existing registration — you must file a new application for any class you missed. If in doubt, filing in the primary class today and monitoring to add classes later is better than over-filing expensive classes you may never use.

What is an Office Action and what should I do if I receive one?

A USPTO Office Action is a letter from the examining attorney identifying reasons why the trademark application cannot be approved as filed. Common types: (1) Likelihood of confusion — the examiner found an existing mark that is too similar to yours for related goods/services. Response requires arguing that the marks are sufficiently different or that the goods/services are not related. (2) Merely descriptive — the examiner finds that the mark describes a feature or quality of the goods/services (e.g., 'Fast Delivery LLC' for a courier service) and cannot be registered on the Principal Register. Response options: argue the mark is suggestive not descriptive, amend to the Supplemental Register, or claim acquired distinctiveness. (3) Specimen refusal — the submitted specimen doesn't show proper use in commerce. Response: submit a better specimen. You have three months to respond (extendable to six for $125). If you don't respond, the application is abandoned. For substantive Office Actions (likelihood of confusion, descriptiveness), an attorney's response dramatically improves your odds.

What is an intent-to-use (ITU) trademark application?

An intent-to-use (ITU) trademark application under Lanham Act Section 1(b) allows you to file for trademark registration before you have started using the mark in commerce — as long as you have a bona fide intent to use it. The strategic advantage: your priority date is your filing date, not the date you start using the mark. If you file ITU on January 1 and a competitor starts using the same mark on February 1, you have priority over them — even if they begin use and file their own application before you file your Statement of Use. After the USPTO approves an ITU application, it issues a Notice of Allowance. You then have six months to begin use and file a Statement of Use (Form 1553) with a specimen. You can extend this window in six-month increments (at $125 per class per extension) up to 36 months total. If you don't file a Statement of Use within the allowed period, the application goes abandoned.

How long does a trademark last and what do I need to do to maintain it?

A USPTO trademark registration lasts 10 years and is renewable indefinitely in 10-year increments — but you must file maintenance documents to keep it alive. Required filings: (1) Section 8 Declaration of Continued Use — filed between years 5 and 6 after registration (due date: between the 5th and 6th anniversary of registration). Confirms the mark is still in use in commerce. Fee: $225 per class. If you miss this filing, the registration is cancelled. (2) Section 9 Renewal Application — filed every 10 years before the registration expiration date. Fee: $325 per class. Many registrants combine the Section 8 and Section 15 (incontestability declaration) filings at the 5–6 year mark. Incontestability status makes the registration much harder to challenge and strengthens enforcement rights. Set calendar reminders well in advance of these deadlines — missed maintenance filings cannot be revived without showing excusable neglect.

Can I trademark just my logo without the name?

Yes. You can register a design-only mark (logo without words), a word-only mark (the name in standard characters), or a combined word-and-design mark. Each is a separate trademark. Most businesses with a strong brand identity eventually register both: the standard character mark (which covers the name in any font or stylization) and the design mark (which protects the specific logo design). The standard character mark is typically more valuable because it covers the name across all uses, regardless of how it's displayed. The design mark protects the specific visual identity — useful when the logo itself is distinctive. For LLCs just starting out: register the standard character mark (the word mark) first — it's the most broadly protective. Add a design mark later if the logo becomes a key brand asset.

What is the difference between a trademark and a copyright?

Trademark and copyright protect fundamentally different things. Trademark protects brand identifiers — names, logos, slogans — used in commerce to distinguish goods or services. It prevents others from using confusingly similar marks on competing products. Trademark rights last indefinitely as long as the mark is in use and properly maintained. Copyright protects original creative works — written content, music, artwork, code, photographs — from the moment of creation, without registration. Copyright prevents copying and distribution of the creative work itself. It lasts for the life of the author plus 70 years (for works made after 1978). An LLC might need both: trademark to protect the brand name and logo; copyright to protect the website content, original software, or creative work product. A logo, once created, is automatically protected by copyright (owned by the designer unless assigned) — a separate trademark registration protects it as a brand identifier in commerce.

Provenance

Legal basis & official sources

Last verified 2026-05-07.

Federal trademark law is governed by the Lanham Act, 15 U.S.C. §§ 1051–1141n. Key provisions: § 1051 (application for registration — use in commerce); § 1051(b) (intent-to-use application); § 1052 (marks that can and cannot be registered — descriptiveness, likelihood of confusion); § 1057 (certificates of registration); § 1072 (constructive notice of registration); § 1114 (registered trademark infringement); § 1116–1117 (remedies for trademark infringement). Trademark class system: Nice Classification, administered by WIPO. International protection: Protocol Relating to the Madrid Agreement (Madrid Protocol), 15 U.S.C. §§ 1141a–1141n.

Direct filing portal: https://teas.uspto.gov

If you skip this

Without a federal trademark, anyone in the U.S. can use a confusingly similar brand name on similar goods or services — you have only common-law rights limited to your geographic area of actual use
Without a trademark, you cannot use the ® symbol — using ® without a federal registration is illegal and can expose you to sanctions
Without a federal registration, you cannot sue for trademark infringement in federal court — you are limited to state-law unfair competition claims with weaker remedies
Without trademark registration, you cannot record your mark with U.S. Customs to block counterfeit or infringing imports at the border
Without trademark priority, a competitor who registers first gets nationwide rights — you may be forced to rebrand even if you were using the name first in your region
Without a trademark, you cannot use the USPTO registration as evidence in international applications through the Madrid Protocol — international protection becomes much more expensive and complex

Official sources

§ A Related guides

§ B Building permits

§ C Companion tools

Disclaimer: Informational only, not legal or tax advice. Rules change, so confirm with a business attorney or CPA before you act.