# How to Trademark a Startup Name Without a Lawyer

> How to trademark a startup name yourself: clearance search, Class 9 vs 42 for software, and official US ($350/class), UK (£205) and EU (€850) fees.

- Canonical: https://zeroraised.com/blog/how-to-trademark-a-startup-name
- Published: 2026-11-08T15:30:00Z
- Author: ZeroRaised Team (https://zeroraised.com/blog/authors/zeroraised)
- Publisher: ZeroRaised (https://zeroraised.com/)
- Section: Building
- Tags: legal, branding, launch, checklist

**Short answer:** If you are a US- or UK-based solo founder, you can trademark your startup name yourself. Search the official databases for similar marks, pick Class 42 for a SaaS (and Class 9 if people download your software), and file online with the trademark office. The official fees are $350 per class at the USPTO, £205 for one class at the UK IPO and €850 for one class at the EUIPO, all checked on 8 Nov 2026.

**Not legal advice:** this guide explains the public process using the trademark offices' own pages. It is not legal advice, and we are not lawyers. If your search turns up a similar mark, or you get an objection you do not understand, pay a trademark attorney for an hour.

## TL;DR

- **Search before you file.** Use [USPTO Trademark search](https://tmsearch.uspto.gov/), EUIPO's free [eSearch plus and TMview](https://www.euipo.europa.eu/en/help-centre/tm/faq-search-availability), and the UK IPO's search service linked from the [gov.uk trade mark guide](https://www.gov.uk/how-to-register-a-trade-mark).
- **Pick the right classes.** Class 9 is for downloadable software and Class 42 is for SaaS ([Nice Classification, Class 42](https://nclpub.wipo.int/enfr/pdf-download.pdf?lang=en&tab=&viewMode=flat&dateInForce=20260101&classNumber=42)).
- **US:** the base fee is $350 per class, filed in Trademark Center. You need a verified USPTO.gov account ([USPTO fee schedule](https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule), [identity verification](https://www.uspto.gov/trademarks/apply/identity-verification)).
- **UK:** £205 for one class plus £60 for each extra class, or Right Start from £125 ([gov.uk](https://www.gov.uk/how-to-register-a-trade-mark/start-your-application)).
- **EU:** €850 for one class, €50 for the second and €150 for each class from the third ([EUIPO fees](https://www.euipo.europa.eu/en/trade-marks/before-applying/fees-payments)).
- **Ignore scam invoices.** Only pay the fees listed on the office's own site ([USPTO scam warning](https://www.uspto.gov/trademarks/protect/caution-misleading-notices)).

**Disclosure:** ZeroRaised is a launch site for bootstrapped products. We have no relationship with any trademark office, filing service or law firm, and we earn nothing from anything linked here. Fees and timelines come from official pages checked on 8 Nov 2026. The steps, examples and opinions are ours and are labelled.

## When a trademark is worth it

Naming comes first, and our guide on [how to choose a domain name for your business](https://zeroraised.com/blog/how-to-choose-a-domain-name-for-your-business) covers it, including a first-pass trademark check. This post picks up after you have a shortlisted name and want to own it.

Our read on timing, for a bootstrapped founder:

- **Before you spend real money on the brand.** That means a logo, paid ads, printed merch, or a domain you paid a premium for.
- **Before a public launch.** A launch puts your name in front of thousands of people, including anyone who already uses something similar. Add trademark clearance to your [product launch checklist](https://zeroraised.com/blog/product-launch-checklist-for-bootstrapped-makers).
- **When you start getting traction.** Revenue, press, or a waitlist that is growing makes your name worth copying.
- **Not yet** if you are still testing three names on landing pages. Run the clearance search now, and file when one name wins.

Filing does not replace forming a company, though you will want to decide who owns the mark. If you plan to set up a US entity, our [Stripe Atlas alternatives](https://zeroraised.com/blog/stripe-atlas-alternatives-for-bootstrappers) guide compares formation costs. Filing in the company's name from the start avoids assigning the mark later.

## Step 1: Run a clearance search

A clearance search asks whether someone already uses a confusingly similar mark for related goods or services. An exact-match search is not enough: look for sound-alikes, spelling variants and the same name in adjacent software categories.

Free official tools:

| Tool | Covers | Cost |
|---|---|---|
| [USPTO Trademark search](https://tmsearch.uspto.gov/) | US federal applications and registrations | Free |
| UK IPO search (linked from the [gov.uk guide](https://www.gov.uk/how-to-register-a-trade-mark)) | UK trade marks | Free |
| [EUIPO eSearch plus](https://www.euipo.europa.eu/en/help-centre/searches/faq-esearch-plus) | EU trade marks, owners, bulletins | Free |
| TMview ([EUIPO FAQ](https://www.euipo.europa.eu/en/help-centre/tm/faq-search-availability)) | Marks from participating national, EU and international offices | Free |
| [WIPO Global Brand Database](https://branddb.wipo.int/) | Brand records from many offices, including international registrations | Free |

The EUIPO says both eSearch plus and TMview are free for all users ([EUIPO FAQ](https://www.euipo.europa.eu/en/help-centre/tm/faq-search-availability)). It also notes that a search reduces your risk rather than removing it.

Our search routine (about an hour):

1. Search the exact name, then the obvious variants: missing vowels, a hyphen, plurals, and how it sounds when spoken.
2. Filter to Classes 9, 35 and 42, the classes where software and online services usually sit.
3. Search the name plus "app", "software" and "SaaS" on the web, the app stores, GitHub and Product Hunt. Unregistered use can still create rights in some countries.
4. Log every query, the date and what you found in a spreadsheet. If a close match turns up in Class 9 or 42, stop and either rename or talk to a lawyer.

## Step 2: Choose your classes (9 and 42 for software)

Trademark offices use the Nice Classification, and every class you add costs another fee. For software, the split comes down to whether users download your product or use it online:

| What you sell | Class | Why |
|---|---|---|
| Desktop app, mobile app, downloadable plugin | **Class 9** (goods) | Downloadable or recorded software is a good |
| Web SaaS, online tool, API used over the internet | **Class 42** (services) | SaaS is a computer service. WIPO's 2026 Class 42 list includes software as a service and platform as a service ([Nice Class 42](https://nclpub.wipo.int/enfr/pdf-download.pdf?lang=en&tab=&viewMode=flat&dateInForce=20260101&classNumber=42)) |
| Both: a SaaS with downloadable desktop and mobile apps | Classes 9 and 42 | Two different things are being sold |

The USPTO's guidance on [computer services classification](https://www.uspto.gov/web/offices/com/sol/notices/class.html) calls "providing downloadable software" ambiguous wording, because "providing" sounds like a service while downloadable software is a good. It also says broad wording such as "computer programs for business use" is not acceptable. Describe what the software does, for example "providing temporary use of online non-downloadable software for scheduling social media posts".

Our read: most web-only SaaS founders can start with Class 42 alone. Add Class 9 when the downloadable app is a real product line rather than a thin wrapper. Do not add Class 35 or 41 unless you really sell those services.

## Step 3: File in the US (USPTO)

### Fees

From the [USPTO fee schedule](https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule), which was last revised 1 Nov 2026 when we checked it:

| Fee | Electronic, per class |
|---|---|
| Base application | $350 |
| Insufficient information surcharge | $100 |
| Free-form text identification surcharge | $200 |
| Each extra 1,000 characters of description | $200 |
| Statement of use or amendment to allege use | $150 |
| Six-month extension to file a statement of use | $125 |
| Section 8 declaration (maintenance) | $325 |
| Section 9 renewal | $325 |

Our read: the surcharges are where do-it-yourself filers lose money. Choosing descriptions from the USPTO ID Manual (rather than typing free-form text) and filling in every field avoids the $200 and $100 surcharges.

### Who can file without a lawyer

The USPTO requires foreign-domiciled applicants and registrants to be represented by an attorney licensed to practise law in the United States, a rule in force since 3 Aug 2019 ([USPTO rule page](https://www.uspto.gov/trademarks/laws/trademark-rule-requires-foreign-applicants-and-registrants-have-us)). So the true do-it-yourself path is for US-domiciled founders. A UK or EU founder filing in the US will need a US attorney.

Everyone who files must verify their identity. The USPTO "requires identity verification for USPTO.gov account holders who use our trademark filing systems". You can verify online through ID.me or with a notarised paper form ([USPTO identity verification](https://www.uspto.gov/trademarks/apply/identity-verification)).

### Use vs intent to use

You pick a filing basis ([USPTO filing basis](https://www.uspto.gov/trademarks/basics/application-filing-basis)):

- **Use in commerce (Section 1(a)):** you are already selling under the name. You give first-use dates and a specimen showing the mark in use.
- **Intent to use (Section 1(b)):** you have a bona fide intent to use the mark within the next three to four years. The USPTO says "you cannot actually register your trademark until you show that you've started using it in commerce", which means filing a statement of use later at $150 per class.

Our read: filing as intent to use before launch locks in your filing date, which is useful if launch day is weeks away. If you are already live with paying users, file as use in commerce and skip the second fee.

### Specimens for software

A specimen is evidence of real use. For downloadable software (Class 9), the TMEP accepts a screenshot of the program showing the mark. It also accepts a web page that shows the mark and gives enough information to download or buy the software ([TMEP chapter 900](https://mpep.uspto.gov/RDMS/TMEP/print?href=TMEP-900d1e741.html&version=current)). For SaaS in Class 42, the specimen has to show the mark used in selling or rendering the service. A login screen or marketing page naming the service is typical, and a bare screenshot of an app may not be enough.

### The filing steps

1. Verify your identity and set up a USPTO.gov account.
2. Open [Trademark Center](https://trademarkcenter.uspto.gov) and start a new application.
3. Enter the owner (you or your company), the mark (a standard-character mark protects the word in any font), the classes and descriptions from the ID Manual, and your filing basis.
4. Upload specimens if you are filing on a use basis, then pay.
5. Watch your email and the case status. An examining attorney reviews the application and may issue an office action you must answer.

### How long it takes

The USPTO's [application timeline](https://www.uspto.gov/trademarks/application-timeline) page, with data updated 1 Oct 2026, gives these averages: 4.3 months from filing to the first examination action, and 10.4 months from filing to registration or abandonment.

## Step 4: File in the UK (UK IPO)

From [gov.uk](https://www.gov.uk/how-to-register-a-trade-mark/start-your-application), checked 8 Nov 2026:

- **Standard online application:** "It costs £205 to register a single trade mark in one class. It costs £60 for each additional class."
- **Right Start:** you pay £125, plus £30 per extra class, to have the application checked against the rules. If you continue, you pay another £125 plus £30 per extra class, and you have 28 days to decide.
- **Paper:** £250 for one class, plus £60 for each extra class.

What happens next ([gov.uk, after you apply](https://www.gov.uk/how-to-register-a-trade-mark/after-you-apply)): the IPO sends an examination report within 2 to 3 weeks, and you have 2 months to resolve any objections. Without objections, the mark is published in the trade marks journal for 2 months, during which anyone can oppose. The [gov.uk overview](https://www.gov.uk/how-to-register-a-trade-mark) says a trouble-free application usually takes around 3 to 4 months, and a trade mark must be renewed every 10 years.

Our read: Right Start costs £45 more than a standard one-class application (£250 vs £205) if you go through with it. In return, you see the examiner's view before committing, which is good value for a first-time filer unsure whether the name is too descriptive.

## Step 5: File in the EU (EUIPO), if you sell there

One EU trade mark covers all EU member states. The online fees are €850 for one class, €50 for the second class and €150 for each class from the third ([EUIPO fees](https://www.euipo.europa.eu/en/trade-marks/before-applying/fees-payments)). The EUIPO's [Nice classification FAQ](https://www.euipo.europa.eu/en/help-centre/searches/faq-nice-classification) confirms that the €850 covers only one class. An EU trade mark does not cover the UK, so UK protection needs a separate UK IPO filing.

**Going wider:** the Madrid System lets you extend one application to other countries. WIPO's [fee calculator](https://madrid.wipo.int/feecalcapp/) estimates the cost for your country list. Our read: few bootstrapped products need Madrid before they have real revenue in those markets.

## Worked example: what two classes cost

This example is illustrative and uses only the official fees checked on 8 Nov 2026. It assumes a SaaS with a mobile app filed in Classes 9 and 42, electronic filing, no surcharges and no attorney.

| Office | Calculation | Official fees |
|---|---|---|
| USPTO, use in commerce | 2 x $350 | $700 |
| USPTO, intent to use | 2 x $350 + 2 x $150 statement of use | $1,000 |
| UK IPO, standard | £205 + £60 | £265 |
| UK IPO, Right Start (continued) | (£125 + £30) x 2 | £310 |
| EUIPO | €850 + €50 | €900 |

A web-only SaaS filing in Class 42 alone would pay $350, £205 or €850. Every office response you need help with, and every extension, adds to these figures.

## TM vs ®

The USPTO says you can use TM for goods or SM for services even before you file. Use ® only once the mark is registered, and only for the goods and services in the registration. Deliberately misleading use of ® is fraud ([USPTO: what is a trademark](https://www.uspto.gov/trademarks/basics/what-trademark)). In practice, put TM on your landing page today and switch to ® when the registration certificate arrives.

## Watch out for scam letters

Once your application is public, expect official-looking letters and emails offering "registration", "monitoring" or "renewal" for a fee. The USPTO says: "USPTO employees will NEVER ask you for your personal or payment information over the phone, in an email, or text". It also says "Legitimate USPTO fees are listed on the Trademarks fees webpage" ([USPTO scam warning](https://www.uspto.gov/trademarks/protect/caution-misleading-notices)). Our rule: pay only inside Trademark Center, the UK IPO's own service or the EUIPO's portal.

## When to pay a lawyer

Our read. A do-it-yourself filing is reasonable when your search is clean, the name is invented or arbitrary (not descriptive), and you file in your home country. Pay for advice when:

- the search finds a similar mark in Class 9, 35 or 42;
- you get an office action or objection you do not understand;
- someone opposes your application or sends you a demand letter;
- you are foreign-domiciled and filing in the US (an attorney is required);
- the name is central to a deal, such as a fundraise, an acquisition or a licence.

## Trademark checklist

- [ ] Shortlisted name checked for spelling, sound and domain availability
- [ ] USPTO, UK IPO, EUIPO eSearch plus or TMview and WIPO searches done and logged
- [ ] Web, app store and GitHub search done
- [ ] Owner decided (you or your company)
- [ ] Classes chosen: 42 for SaaS, plus 9 if users download software
- [ ] Descriptions picked from the official ID list, not free-form
- [ ] US: USPTO.gov account identity-verified; basis chosen (use or intent to use)
- [ ] Specimen ready: login screen or marketing page for Class 42, app screen or download page for Class 9
- [ ] Fees paid only on the official site
- [ ] Deadlines in your calendar for office actions, the statement of use and renewals
- [ ] TM on the site now, ® only after registration

## Frequently asked questions

### Can I trademark a startup name without a lawyer?

Yes, if you are domiciled in the country you file in. US-domiciled applicants can file at the USPTO themselves after verifying their identity, and UK and EU applications can be filed online by the owner. Foreign-domiciled applicants at the USPTO must be represented by a US-licensed attorney. A lawyer is worth paying when your search finds a similar mark or you get a refusal you do not understand.

### How much does it cost to trademark a startup name?

Official fees checked on 8 Nov 2026: the USPTO charges $350 per class, plus surcharges of $100 per class for insufficient information and $200 per class for a free-form description. The UK IPO charges £205 for one class online plus £60 for each extra class. The EUIPO charges €850 for one class online, €50 for the second and €150 for each class from the third.

### Which trademark class is software in?

Downloadable or recorded software is a good in Class 9. Software as a service and providing online non-downloadable software are services in Class 42. A pure web SaaS usually needs Class 42; a product with a desktop or mobile app users download may need Class 9 as well.

### How long does a trademark take to register?

At the USPTO, data updated 1 Oct 2026 shows an average of 4.3 months from filing to first examination action and 10.4 months from filing to registration or abandonment. In the UK, the IPO sends an examination report within 2 to 3 weeks, publication lasts 2 months, and a trouble-free application usually takes around 3 to 4 months.

### When can I use the ® symbol?

Only after the mark is registered, and only for the goods and services in the registration. You can use TM for goods or SM for services at any time, including while your application is pending. The USPTO says deliberately misleading use of ® is fraud.

## Launch under your own name

Once your name is cleared and filed, put it in front of people. ZeroRaised is a launch directory for products built without institutional VC: [submit your product](https://zeroraised.com/submit) for free. For more practical guides on building without investors, [join the ZeroRaised newsletter](https://zeroraised.com/newsletter).

## Sources

- [USPTO fee schedule](https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule), last checked 8 Nov 2026
- [USPTO identity verification](https://www.uspto.gov/trademarks/apply/identity-verification), last checked 8 Nov 2026
- [USPTO application filing basis](https://www.uspto.gov/trademarks/basics/application-filing-basis), last checked 8 Nov 2026
- [USPTO application timeline](https://www.uspto.gov/trademarks/application-timeline), last checked 8 Nov 2026
- [USPTO rule requiring US attorneys for foreign-domiciled applicants](https://www.uspto.gov/trademarks/laws/trademark-rule-requires-foreign-applicants-and-registrants-have-us), last checked 8 Nov 2026
- [USPTO: recognizing common scams](https://www.uspto.gov/trademarks/protect/caution-misleading-notices), last checked 8 Nov 2026
- [USPTO: what is a trademark](https://www.uspto.gov/trademarks/basics/what-trademark), last checked 8 Nov 2026
- [USPTO classification of computer services](https://www.uspto.gov/web/offices/com/sol/notices/class.html), last checked 8 Nov 2026
- [TMEP chapter 900 (specimens)](https://mpep.uspto.gov/RDMS/TMEP/print?href=TMEP-900d1e741.html&version=current), last checked 8 Nov 2026
- [USPTO Trademark search](https://tmsearch.uspto.gov/) and [Trademark Center](https://trademarkcenter.uspto.gov), last checked 8 Nov 2026
- [WIPO Nice Classification, Class 42 (2026)](https://nclpub.wipo.int/enfr/pdf-download.pdf?lang=en&tab=&viewMode=flat&dateInForce=20260101&classNumber=42), last checked 8 Nov 2026
- [gov.uk: register a trade mark](https://www.gov.uk/how-to-register-a-trade-mark), [start your application](https://www.gov.uk/how-to-register-a-trade-mark/start-your-application) and [after you apply](https://www.gov.uk/how-to-register-a-trade-mark/after-you-apply), last checked 8 Nov 2026
- [EUIPO fees and payments](https://www.euipo.europa.eu/en/trade-marks/before-applying/fees-payments), last checked 8 Nov 2026
- [EUIPO Nice classification FAQ](https://www.euipo.europa.eu/en/help-centre/searches/faq-nice-classification), [search availability FAQ](https://www.euipo.europa.eu/en/help-centre/tm/faq-search-availability) and [eSearch plus FAQ](https://www.euipo.europa.eu/en/help-centre/searches/faq-esearch-plus), last checked 8 Nov 2026
- [WIPO Global Brand Database](https://branddb.wipo.int/) and [Madrid fee calculator](https://madrid.wipo.int/feecalcapp/), last checked 8 Nov 2026

## Frequently asked questions

### Can I trademark a startup name without a lawyer?

Yes, if you are domiciled in the country you file in. US-domiciled applicants can file at the USPTO themselves after verifying their identity, and UK and EU applications can be filed online by the owner. Foreign-domiciled applicants at the USPTO must be represented by a US-licensed attorney. A lawyer is worth paying when your search finds a similar mark or you get a refusal you do not understand.

### How much does it cost to trademark a startup name?

Official fees checked on 8 Nov 2026: the USPTO charges $350 per class, plus surcharges of $100 per class for insufficient information and $200 per class for a free-form description. The UK IPO charges £205 for one class online plus £60 for each extra class. The EUIPO charges €850 for one class online, €50 for the second and €150 for each class from the third.

### Which trademark class is software in?

Downloadable or recorded software is a good in Class 9. Software as a service and providing online non-downloadable software are services in Class 42. A pure web SaaS usually needs Class 42; a product with a desktop or mobile app users download may need Class 9 as well.

### How long does a trademark take to register?

At the USPTO, data updated 1 Oct 2026 shows an average of 4.3 months from filing to first examination action and 10.4 months from filing to registration or abandonment. In the UK, the IPO sends an examination report within 2 to 3 weeks, publication lasts 2 months, and a trouble-free application usually takes around 3 to 4 months.

### When can I use the ® symbol?

Only after the mark is registered, and only for the goods and services in the registration. You can use TM for goods or SM for services at any time, including while your application is pending. The USPTO says deliberately misleading use of ® is fraud.