If you come up with a really good name for your company, you are definitely going to want to lock it down with a US trademark. I’ve done this a couple of times: successfully for Casting Coin and unsuccessfully for Secret Boston. Turns out ‘Secret Boston’ is not trademark-able (more about that below).

Anyway, this is not rocket science, but it can be a little annoying at times - especially if you do it on your own. Personally, I used a lawyer both times.

Here’s the step-by-step guide on trademarking, plus important information on Declaration of Use filings that will haunt you later if you forget.

Why Bother with a Trademark?

Protection. It stops anyone from coopting your name or logo thus confusing your customers. Plus, it can be a flex—investors and partners tend to see you as a more serious founder.

I trademarked “Casting Coin” when I started raising money and it helped. Plus, my idea was innovative and I was working really hard to get it off the ground. I needed to make sure some company with deep pockets didn’t just take the name, start a new company, and profit off all of our work.

Step 1: Figure Out What You’re Trademarking

Pick your mark—it could be a word, a logo, or both. Make sure it’s unique. Google it, search socials, and search the USPTO Trademark Database (TESS)—if someone’s already got it, you are out of luck. Best to find this out early.

Pro tip: Avoid generic words like “Coffee Shop”— it won’t work.

What You Cannot Trademark

Not every name is trademark-able. The USPTO will bounce anything too vague or common—like “Shop” or “Food”—because it’s descriptive and everyone uses it. Same goes for generic terms (e.g., “Beer” for a brewery) or stuff that’s just a feature (think “Fast” for delivery).

Of course, geographic names like “Boston” alone alone will not work. Or generic words with a location also won’t work, which was why my company name ‘Secret Boston’ got denied.

Also, any name that is confusingly close to an existing mark, like ‘Airbe&be’ - that will never work LOL! If it’s not distinctive, you will waste your time.

Step 2: Check Your Category

Trademarks are tied to specific goods or services, split into 45 “classes” (e.g., Class 35 for business services, Class 9 for tech). Pick the right one—or ones—if your mark covers multiple things. For Casting Coin we have a class 42 service mark.

Step 3: File with the USPTO or Use an Attorney

USPTO route:
Head to the USPTO website and use their Trademark Electronic Application System (TEAS). You’ll need:

Your mark (text or image).
The class(es) it covers.
Proof you’re using it (e.g., a website screenshot or product pic)—unless you’re filing “intent to use,” which buys you time.

Cost of filing is about $250–$350 per class. I’ve heard horror stories about DIY typos, so triple-check—or use a service like Bizbee to handle it.

Attorney route:
I used an attorney for both Casting Coin and Secret Boston. It is expensive - $1500 - but worth it. They have a lot of experience with name research. They know what won’t work and are able to catch similar marks before going through the whole process only to be rejected. Saves time by avoiding unnecessary USTPO rejections.

Attorney route is a really good idea if your mark’s tricky (tech or crowded niches) or you’re raising money and can’t risk a delay.

Step 4: Wait

Once filed, the USPTO reviews it—takes 3–6 months to hear back which is so long! You really want to get it right the first time. If it clears, it’s published for 30 days during which time anyone can oppose it.

Step 5: Get Registered—and Stay on It

If no one objects, you’re registered. You’ll get a certificate, and you can add ® on your mark. But remember, it’s not forever…

The Declaration of Use Trap—Don’t Sleep on This

Periodically, you have to prove you’re still using the mark in commerce (selling goods or services, not just sitting on it). File a Declaration of Use:

Between Years 5 and 6: First check-in, due with a $125 fee per class. Miss it, and you will lose your trademark.
Year 10: Renew it—$425 per class, plus another Declaration. Set a reminder.
Every 10 Years After.

Bonus Tip

International? Secure US first and then worry about that.

Wrap-Up

Getting a US trademark is a power move—it protects your brand and keeps the vultures away. File it properly: do it yourself, use Bizbee, or use an attorney and then don’t forget those Declarations between years 5–6, at 10, and every decade after. It’s a pain, but losing your mark’s worse.

How to Apply for a US Trademark