Answer
Do I need a trademark?
Lawyers call this: federal trademark registration · 15 U.S.C. §§ 1051, 1057
Short answer
You do not need to register a trademark to use a name. Using a name to sell goods or services already gives you some rights in it. The real choice is whether to register it with the U.S. Patent and Trademark Office (USPTO). Registration is worth it for a name you plan to build on and sell beyond one area, and it can wait while you are still testing a name.
What changes the answer
- How far you plan to sell
- Rights you get from use alone generally reach only the area where you actually do business. A federal registration reaches the whole country. A business that sells online or plans to expand gets the most from registering.
- How much you will invest in the name
- Signs, packaging, a website, and advertising all build value in a name. Registration protects that investment. If you might change the name in six months, the filing fee may be money spent on a name you drop.
- Whether the name is distinctive
- A made-up or unexpected name is easy to protect. A name that describes the product, like “Best Plumbing” for a plumber, is likely to be refused registration on the main register until buyers come to see it as a brand. Changing the name early costs less than fighting over it later.
- Whether a platform asks for it
- Amazon Brand Registry requires a registered trademark or a pending application. Investors, buyers of your business, and licensees often ask about registration too.
- Whether someone else got there first
- Registration does not beat a business that used a similar name for related goods before you filed. Search before you file.
The rule
Registration is optional. The USPTO says so plainly: you are not required to register a trademark, and you can gain rights by using it with your goods or services.
A registration on the Principal Register adds rights that use alone does not give:
- It is evidence that the mark is valid, that you own it, and that you have the exclusive right to use it for the listed goods or services. 15 U.S.C. § 1057(b).
- Your filing date gives you nationwide priority over later users, once the mark registers. 15 U.S.C. § 1057(c).
- Everyone is treated as knowing about your registration. 15 U.S.C. § 1072.
- You may use the ® symbol. 15 U.S.C. § 1111.
You can file before you launch, on an intent-to-use basis, if you have a real plan to use the name. 15 U.S.C. § 1051(b). You must prove use before it registers.
The USPTO base application fee is $350 for each class of goods or services. More fees may apply depending on how the application is filed and what happens in examination. Keeping a registration alive also takes maintenance filings, with fees, over its life.
What to do next
Start with a search. Look for similar names used for related goods or services, not just exact matches, and look at what those businesses actually sell. If nothing close turns up and the name does not describe your product, many owners file the application themselves.
If the search turns up a close name, or you are about to spend real money on the brand, a lawyer’s read before filing is worth the fee. A refused application costs the filing fee, and it can also mean a rebrand.
If you want a second look before you commit, Valet Law, PLLC can review your search results and tell you whether the name is worth registering as it stands.
Attorney review is provided by Valet Law, PLLC, a law firm separate from Trademark Valet, LLC. Keep confidential facts out of public tools. Your first message to Valet Law should identify the parties and the general issue only. Wait until Valet Law confirms it can discuss the matter before sending confidential details.
Who checked this
Reviewed and approved by Brandon Leavitt on 2026-10-02.
General information about how trademark law works. It is not legal advice about your situation, and reading it does not make anyone your lawyer.