How to Trademark Your Business Name in Nevada

Names have immense power in business. They can spark interest, evoke emotions, and define your business’s brand identity. It’s one of the most important assets of a successful venture, so you must protect it with a registered trademark.

Registered trademarks give you exclusive legal rights to your business name, preventing other businesses from using names too similar to yours. But how do you trademark your business name? This definitive guide will walk you through every step of the process, from determining the appropriate trademark class for your business to submitting your application.

By the end of this blog, you’ll be able to get a trademarked business name in no time. Read on to learn everything you need to know about trademarking in 2025.

Key Takeaways

• Trademarks legally protect business names, symbols, or slogans from unauthorized use.
• You can register trade names, trademarks, or service marks with the Secretary of State.
• Registration lasts five years and must be renewed to maintain protection.
• A USPTO federal trademark offers broader protection than a Nevada-only registration.
• Enforcing your trademark is your responsibility. It’s not automatic.

What Is a Trademark?

A trademark is a legally registered word, phrase, symbol, or design that identifies and distinguishes your products or services from others. It provides exclusive rights and legal tools to prevent unauthorized use of your brand.

According to the U.S. Patent and Trademark Office (USPTO), trademarks encompass a range of elements, including business names, logos, slogans, and other distinctive marks. However, you can’t trademark generic or merely descriptive terms (e.g., “Pizza Shop” or “Fast Delivery”).

What You Can & Cannot Trademark

You can trademark:

• Unique business names
• Taglines
• Logos
• Product names

You cannot trademark:

• Generic terms (e.g., “store” or “food”)
• Purely descriptive phrases (e.g., “affordable web design”)
• Common geographic references

For broader brand protection, it’s advised to register your trademark federally through the USPTO, in addition to state-level registration in Nevada.

Trade Name vs. Trademark

Trade names and trademarks are two concepts that can overlap in certain cases.

A trade name is the name your business operates under. It could be your registered name or your “doing business as” (DBA) name. Meanwhile, a trademark is a federally registered symbol, word, or phrase that distinguishes your products or services from your competitors.

In essence, a trade name is your business’s name, while a trademark protects that name. Once you’ve trademarked your business name, you can file a lawsuit against anyone who tries to use it and mislead your potential customers.

Trademark Classes: How Are Trademarks Categorized?

Trademarks are classified into 45 categories:

• Classes 1–34: Goods (e.g., Class 25 for clothing, Class 9 for electronics)
• Classes 35–45: Services (e.g., Class 41 for education, Class 36 for financial services)

Why Trademark Classes Matter

Your trademark only protects the specific classes for which you apply. For example, if your business name is trademarked in Class 35 (business services), it may not be protected in Class 25 (apparel) unless you apply separately.

Pro Tip: You can register in multiple classes if your business spans various industries.

How to Trademark Your Business Name

To trademark your business name in Nevada, here’s what you must do:

Step 1: Conduct a Business Search

The first thing you must do to trademark your business name is to conduct a name search. You want to ensure that your chosen title is available for use. You can do this through the Nevada Secretary of State’s Business Search Tool.

Step 2: Choose a Type of Mark

Nevada has three types of marks: trade names, trademarks, and service marks. Each is designed to protect a specific aspect of your business identity.

• Trade Name: Protects the name under which you do business
• Trademark: Protects product-related names, words, or logos
• Service Mark: Protects services rather than goods

Step 3: Design and Finalize Your Mark

Make sure your mark (name, logo, or design) is finalized and actively in use. If it includes:

• Fonts, colors, or stylization: Make sure these are consistent across all materials

• Graphics or slogans: These must identify your brand’s source or purpose

You may also decide whether to file your mark as a standard character (text only) or a stylized design (logo format).

Step 4: Gather Specimens or Evidence of Use

Nevada requires a specimen showing the mark in active use. Acceptable examples include:

• Business cards

• Website screenshots

• Labels or packaging

• Advertisements

Specimens must display the mark in connection with the goods/services being sold.

Step 5: Prepare & Submit Your Application

Once you’ve chosen which mark you want to register, you can start preparing your Mark Registration form. You can submit your form through the SilverFlume portal or file it manually.

You may also need to submit a black-and-white specimen of the mark you want to register, such as an advertisement or letterhead.

Step 6: Pay a Filing Fee

The standard filing fee is $100 per class, payable to the Nevada Secretary of State.

Optional expedited processing is available:

• 24-hour: $125
• Same-day: $500
• 2-hour: $1,000

Step 7: Track Application Status

After filing, regularly check the status of your application via the SilverFlume portal. If there are issues (e.g., incomplete specimen, incorrect class), the Secretary of State may:

• Request corrections
• Deny the application

Respond to communications promptly to avoid delays or rejection.

Step 8: Receive Your Certificate of Registration

Once approved, you’ll receive a Certificate of Registration from the Nevada Secretary of State. This certificate is official proof that your business name is protected under Nevada law. Keep this certificate and use it if enforcement becomes necessary.

Bonus Step: Maintain Your Trademarked Name

In Nevada, a trademark registration lasts for five years. You’ll need to submit a Mark Renewal Form before expiration to retain your legal protection. If you fail to renew on time, your protection will lapse, and someone else may be able to claim the name legally.

Limitations of a Nevada Trademark

While valuable, a Nevada-only trademark comes with limitations:

• Geographic Scope: Protection is limited to Nevada
• Enforcement Burden: It’s your responsibility to monitor and enforce the trademark
• Federal Conflicts: A federal USPTO registration supersedes state marks

If you want to use your business name outside the country, you must trademark it internationally to get protection and rights in a foreign country. It’s also worth noting that a trademark only protects a name if used for the classes you’ve indicated in your application form.

Want Nationwide Protection?

Apply for a USPTO trademark in addition to your state registration. If someone decides to use your trademarked business name without your permission, you may file legal action.

Do You Need a Trademark to Start a Business?

No, you are not legally required to trademark your name to start operations. 

However, it’s generally a good idea to do so. Not trademarking your business name leaves it unprotected, which can lead to the following:

• Competitors registering your name first
• Legal disputes with limited protection under the common law
• Higher legal costs in defending your rights

Common law trademark rights have the burden of proof; if you find someone using your business name, you’ll have to prove that you were the first in your industry to use the name to get a favorable outcome. The remedies they offer are also limited. You can only stop the entity from using your name without a trademark. You can’t seek monetary damages against them.

Trademarking early helps prevent costly legal disputes down the line.

Expert Tips From NCH

• Begin with a name search on both the Secretary of State’s website and the USPTO to avoid potential conflicts.
• Register both state and federal trademarks if you plan to expand nationwide.
• Don’t delay—early registration gives you stronger legal standing in disputes.
• Keep track of renewal deadlines to avoid losing protection.
• Use your trademark actively—non-use can lead to abandonment.

Protect Your Brand; Trademark Your Business Name Today

Don’t wait till someone else takes credit for your creativity before you protect your brand. Trademark your business name today and protect it by incorporating it with NCH’s help.

NCH is one of the leading providers of business formation services in the United States. Our team of business formation specialists will guide you through the incorporation process, from choosing the right entity to filing your formation documents.

To learn more about our services, please visit our website or call us at 1-800-508-1729 to schedule a consultation with one of our business specialists.

DISCLAIMER: The above material has been prepared for informational purposes only, containing opinions of the provider and is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. Please consider consulting tax, legal, and accounting advisors before engaging in any transaction.