Trademark Basics for Founders: What You Actually Need to Know
This is not legal advice — for that, hire an attorney. This is the working knowledge every founder should have before they commit to a brand name.
What a trademark actually protects
A trademark protects the use of a name (or logo, or tagline) in commerce within specific business categories — called "classes". It does not protect the name in general. The same word can be trademarked by different companies in different classes (Delta Faucet, Delta Airlines, Delta Financial — all coexist).
Trademark rights in the US can attach through use (common-law trademark) but federal registration through USPTO gives you nationwide rights, presumption of ownership, and the right to use the ® symbol.
The classes that matter
Most tech, software, and consumer brands need to consider three to five classes:
- Class 9: downloadable software, mobile apps, electronic devices
- Class 25: clothing, footwear, apparel
- Class 35: advertising, marketing, retail services
- Class 41: education, training, entertainment, online publishing
- Class 42: SaaS, cloud services, software-as-a-service
Costs and timeline
A US trademark filing costs roughly $250–$350 per class in USPTO fees, plus $300–$1,500 in attorney fees if you use one (recommended). Registration takes 8–14 months. International filings (Madrid Protocol) add roughly $1,000–$3,000 per major jurisdiction.
A pre-filing clearance search by an attorney costs $500–$2,000 and is worth it before committing to a name you'll spend years marketing.
The four mistakes founders make
- Filing too late. Once a competitor files a similar mark before you, your options narrow sharply.
- Filing in too few classes. If you anticipate a product line expansion, file in those classes now.
- Choosing a descriptive name. Descriptive marks ("Best Pizza") get weak protection or no protection at all.
- Skipping the clearance search. A $1,000 search prevents $100,000 rebrands.
When to engage an attorney
Always for the clearance search and the actual filing. Possibly DIY for the initial TESS check before you commit to a shortlist. Avoid DIY for the filing itself unless you have specifically studied trademark law — the cost of a denied or weakened registration far exceeds the attorney fee.
Frequently asked
Do I need a trademark before I launch?
Not before launch, but ideally before you spend significant money on marketing the brand. The window where a competitor could pre-empt you is roughly the gap between launch and filing.
Can I trademark a name that isn't a real word?
Yes — invented words are actually the strongest trademark category because they are inherently distinctive.