Trademarks · updated
Do I need to trademark my side hustle name?
Short answer: not on day one, but sooner than most people think. You get some rights just by using a name. A federal trademark adds nationwide protection, and some platforms require one. Here is what the USPTO and SBA actually say, what it costs in 2026, and a simple way to decide.
What you get without filing anything
Using a name in business gives you common-law rights, but the USPTO says you may only be able to enforce them in the areas where you actually use the name (USPTO: why register). You can put TM (goods) or SM (services) next to your name today, with no filing (USPTO: what is a trademark).
What federal registration adds
- Rights across the whole United States and its territories, not just where you sell today.
- A legal presumption that you own the mark, and the right to sue in federal court.
- The right to use ®. Using ® before registration is not allowed.
- A listing in the USPTO database, which warns others off your name.
- Amazon Brand Registry requires a pending or registered trademark from a country where Amazon has a store (Amazon Brand Registry). See our Amazon brand name guide.
What it costs in 2026
Since January 2025, the USPTO charges one base fee, and the old TEAS Plus and TEAS Standard options are gone (USPTO fee changes).
| Fee | Amount |
|---|---|
| Base application, per class | $350 |
| Typing your own description instead of using the ID Manual, per class | +$200 |
| Each extra 1,000 characters of free-form text, per class | +$200 |
| Leaving out required information, per class | +$100 |
| Intent-to-use: statement of use, per class | $150 |
| Intent-to-use: each extension, per class | $125 |
Source: USPTO trademark fee information and fee schedule, checked October 2, 2026.
How long it takes: the USPTO reports an average of 4.2 months to a first examination and 9.7 months to registration or abandonment (August 2026 data). Yours may be shorter or longer (USPTO timeline).
A cheaper, smaller option: your state
A state trademark covers only that state, but costs less. The mark generally has to be in use first.
- Florida: $87.50 per class; the mark must already be in use and the form is notarized (Sunbiz fees).
- Texas: $50 per class; the mark must already be used in Texas (Texas SOS). A Texas registration does not let you use ®.
- California: $70 per class (California SOS).
Your LLC, DBA and domain are not trademarks
The SBA puts it simply: an entity name protects you at the state level, a DBA gives no legal protection, and a trademark is a separate federal registration (SBA: choose your business name). Texas adds that forming an LLC or filing a DBA does not give you any right to use a name in commerce. Owning the .com doesn’t either.
A simple way to decide
1. Search first, always
Before you spend on a logo or labels, search the USPTO’s Trademark Search system, which replaced the old TESS. This step costs nothing and matters most.
2. File sooner if…
you sell physical products online, want Amazon Brand Registry, sell across state lines, or are spending real money on the brand.
3. Waiting is more reasonable if…
you are testing an idea locally, may still change the name, or offer a service only in your own area. Use TM or SM, keep records of when you started, and revisit in a few months.
4. Not selling yet?
You can file on an “intent to use” basis if you plan to use the name within the next three to four years. You can’t complete registration until you are actually using it in commerce (USPTO filing basis).
Watch for scams. The USPTO warns about look-alike websites, spoofed calls and official-looking letters asking for fees. The only official sites are USPTO.gov and my.USPTO.gov, and you can report scams to TMScams@uspto.gov (USPTO scam warnings).
How Spark helps: describe your side hustle in one sentence and get 6 brand names, each with a live .com check, a first trademark screen when one is available, a logo, colors and a brand photo. The screen is a first look to help you drop names that are likely taken. It is not a legal search and does not replace an attorney.
Questions people ask
Do I have to register a trademark to use my business name?
No. In the U.S. you get common-law rights in a name just by using it in business, but only in the area where you use it. Federal registration adds nationwide rights, a legal presumption that you own the mark, and the right to use the ® symbol.
How much does it cost to trademark a name in 2026?
The USPTO's base application fee is $350 per class of goods or services. Extra surcharges apply if you type your own description instead of choosing from the USPTO's ID Manual ($200 per class) or leave out required information ($100 per class).
Can I use TM before I file?
Yes. The USPTO says you can use TM for goods or SM for services even if you haven't filed. You may use ® only after the USPTO registers your mark, and only for the goods and services listed.
Is my LLC or DBA name a trademark?
No. The SBA says an entity name protects you at the state level, a DBA gives no legal protection, and a trademark is a separate federal registration. They are legally independent.
Do I need a lawyer to file?
If you live in the United States, the USPTO says you are not required to have an attorney. Applicants based outside the U.S. must use a U.S.-licensed attorney. The USPTO also warns that filing companies are not law firms.
Not legal advice. This summarises official USPTO, SBA and state pages as of October 2, 2026. Fees change. For a name you will spend real money on, a trademark attorney’s full search is worth it.
Keep going
how to check if a name is taken · Amazon brand name ideas · side hustle statistics · free name check · free naming handbook (PDF)
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