Introduction
You have finally chosen the perfect name for your business—perhaps you registered Riverbend Trading LLC and bought the matching domain. But here is a secret many new sellers don’t know: registering an LLC only protects your name in the specific state where you filed it.
If you want exclusive rights to use your brand name nationwide, or if you want to unlock advanced selling features on platforms like Amazon, you need a federal trademark. Here is a simplified guide to the trademark process.
What is a Trademark?
A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others.
- LLC vs. Trademark: An LLC is your legal business structure. A trademark protects your brand identity. You can have an LLC named “Alpha Enterprises” that owns the trademark for a clothing brand called “Blue Wave.”
Step 1: The Trademark Search (TESS)
Before you spend a single dollar, you must ensure your chosen name isn’t already taken in your industry.
- Go to the United States Patent and Trademark Office (USPTO) website and use their free search tool (TESS).
- Search for your brand name. If someone else is already selling similar products under that name, your application will be rejected, and you will lose your filing fee.
Step 2: Determine Your Filing Class
Trademarks are categorized into “classes” of goods and services. You do not own the word for everything; you only own it for your specific industry.
- For example, “Dove” is trademarked for both soap (Unilever) and chocolate (Mars). Because they are in entirely different classes, they can share the name.
- If you run an e-commerce store, you will likely file under Class 35 (Advertising and Business Services) or the specific class of the physical product you sell.
Step 3: Filing the Application
Filing is done online via the USPTO’s Trademark Electronic Application System (TEAS).
- The Cost: The standard filing fee is typically $250 to $350 per class of goods.
- Crucial Rule for International Founders: If your permanent address is outside the United States, USPTO regulations require you to hire a US-licensed attorney to file your trademark application. You cannot file it yourself.
Why Amazon Sellers Need a Trademark
If you sell on Amazon FBA, a pending or registered trademark is the only way to join the Amazon Brand Registry.
- Brand Registry gives you total control over your product listings, allows you to create enhanced video content, and gives you a dedicated team to instantly kick counterfeit sellers off your listings.
Summary Comparison
| Type | What it Protects | Example |
| Trademark | Brand names and logos | A company logo |
| Copyright | Original works of authorship | A blog post or video |
| Patent | Inventions and designs | A new type of machine |
