What Do You Need to Trademark a Name? Complete Checklist

This checklist focuses on what you should prepare before filing. If you are looking for a walkthrough of the registration process itself, see our guide on how to trademark a name step by step.

What Do You Need to File a Trademark? Quick Checklist

Before filing, you should have the following information ready:

The application requirements should always be confirmed for the country or region where you want protection. For details on the documents, local representation rules, fees, and filing process in key jurisdictions, see our guides:

• Trademark Registration in US
• Trademark Registration in the European Union
• Trademark Registration in the UK
• Trademark Registration in China
• Trademark Registration in UAE

Or check the full list of countries

1. The Exact Name and Mark Format

The first thing you need is the exact version of the name you want to protect.

A trademark application generally covers one specific mark. Before filing, decide whether you want to register:

• The name itself as a word mark.
• A logo or stylized version of the name.
• A separate symbol or graphic element.
• More than one version through separate applications.

A word mark usually focuses protection on the wording rather than a particular font, color, or visual presentation. A logo application protects the specific graphic representation shown in the application.

If both the name and the visual identity are commercially important, separate applications may provide more complete protection. However, the most appropriate approach will depend on your budget, the distinctiveness of each element, and how the brand is used.

The name must also be capable of functioning as a trademark. Generic terms cannot normally be monopolized for the products or services they describe, while purely descriptive names may face objections unless they have acquired distinctiveness.

You do not need to provide a lengthy explanation of what inspired the name, but you may need to provide a translation, transliteration, or statement of meaning if it contains foreign words or non-Latin characters.

2. The Correct Trademark Owner

Every trademark application must identify its owner. This may be:

• An individual.
• A sole proprietor.
• A partnership.
• A limited company or corporation.
• Another recognized legal entity.

The owner should be the person or entity that controls the nature and quality of the goods or services offered under the name.

Before filing, prepare:

• The owner’s full legal name.
• The legal form of the business, if applicable.
• The owner’s address.
• The country of nationality, incorporation, organization, or domicile, as required.
• Contact details for correspondence.
• Details of any authorized representative.

The applicant name should match the official name of the individual or company. Filing under a trading name, an inactive company, the wrong subsidiary, or an individual founder when the business should own the mark can create complications later.

If the business is still being formed, decide who should own the trademark before submitting the application. Transferring the mark later may be possible, but filing in the correct name from the beginning is usually simpler.

3. A Clear List of Goods and Services

A trademark does not protect a name in the abstract. It protects the name in relation to the specific goods or services listed in the application.

You therefore need to identify what the business currently sells or provides and, where permitted, the goods or services it genuinely plans to offer.

For example, instead of using vague terms such as:

• “Software”
• “Clothing”
• “Consulting”
• “Online services”

the application may need more precise descriptions, such as:

• “Downloadable accounting software.”
• “T-shirts, sweatshirts, and hats.”
• “Business management consulting.”
• “Online retail services featuring cosmetics.”

The wording matters because it defines the scope of the application. A description that is too narrow may leave gaps in protection, while one that is unnecessarily broad may increase fees, trigger objections, or create future non-use risks.

Prepare a complete inventory of the goods and services associated with the name before choosing the relevant classes.

4. The Correct Trademark Classes

Most trademark offices organize goods and services according to the Nice Classification:

• Classes 1–34 cover goods.
• Classes 35–45 cover services.

A single business may need more than one class. For example, a clothing brand that sells garments through its own online store may need to consider both the class covering clothing and the class covering retail services.

Each additional class can affect:

• Government fees.
• Professional fees.
• The scope of the search.
• The examination of the application.
• Future renewal and maintenance costs.

Do not select classes based only on their titles. The specific description of the goods and services within each class is just as important as the class number itself.

If you are unsure where your products or services belong, use our free Nice Classification Tool as a starting point.

5. The Countries Where You Need Protection

Trademark rights are territorial. A registration protects the name only in the countries or regions covered by that registration.

Before filing, decide where protection is commercially important. Consider countries where you:

• Already sell products or provide services.
• Plan to launch or expand.
• Manufacture products.
• Work with distributors or licensees.
• Have significant online customers.
• Face a particular risk of copying or bad-faith registration.

Depending on the markets selected, you may use:

• A national application filed with an individual country’s trademark office.
• A regional registration, such as a European Union trademark.
• Separate national applications coordinated across several countries.
• The Madrid System, when you meet its eligibility requirements.

There is no single trademark registration that provides automatic worldwide protection. The best filing route depends on your existing rights, target markets, budget, and expansion plans.

6. A Trademark Search Before Filing

A trademark search is not usually a document that must be submitted with the application. However, it is one of the most important checks to complete before filing. According to iGERENT’s data, one in three trademark searches finds a potential risk, such as an earlier identical or similar mark that could affect the filing strategy.

A search can identify:

• Identical earlier trademarks.
• Names with similar spelling or pronunciation.
• Marks that create a similar overall commercial impression.
• Earlier rights covering identical or related goods and services.
• Applications that may lead to an objection or opposition.

Checking only company names, domains, search engines, or social media accounts is not enough. A domain may be available even though someone else owns an earlier trademark.

The search should cover the official databases of the countries or regions where you intend to file. The WIPO Global Brand Database can also be useful, but no single database necessarily provides complete coverage of every relevant national right.

A professional international trademark search can assess not only identical results but also potentially conflicting marks based on visual, phonetic, and conceptual similarity.

You do not normally need to attach search screenshots, a search report, or an explanation of why you decided to proceed. These are risk-assessment materials for the applicant, not standard filing documents.

7. Filing Basis or Proof of Use, When Required

Not every country requires proof that the name is already in use when the application is filed.

In many jurisdictions, an application can be submitted without photographs, labels, website screenshots, or other evidence of commercial use. The owner may still need to use the trademark after registration to maintain the rights and defend them against a non-use challenge.

The United States applies specific filing-basis rules.

If the trademark is already in use in the United States

A use-in-commerce application generally requires:

• The dates of first use.
• A specimen for each class.
• A declaration that the mark is being used in commerce.
• A list limited to the goods or services for which use can be supported.

A specimen might consist of product packaging, a label, an e-commerce product page, or a webpage advertising and offering the relevant services. The correct evidence depends on whether the application covers goods or services.

If the trademark is not yet in use in the United States

An intent-to-use application may be filed without a specimen at the beginning. However, the applicant must later submit acceptable evidence of use and pay the relevant fees before the trademark can be registered.

Other filing bases may be available when the applicant owns a qualifying foreign application or registration.

If you are preparing a US filing, consult our detailed USPTO trademark registration checklist for the filing-basis and specimen requirements.

8. Applicant Information and Supporting Documents

The exact documents needed vary by jurisdiction, but most applications require the same essential information.

Information generally required

You will normally need:

• The exact name or representation of the mark.
• The owner’s legal name and address.
• The owner’s entity type or legal form.
• The relevant goods and services.
• The applicable classes.
• A signature, declaration, or authorization.
• Contact information for correspondence.
• Payment of the official fees.

Documents that may be required

Depending on the jurisdiction and filing route, you may also need:

• A copy of a passport or identification document.
• A certificate of incorporation or company registration extract.
• A signed Power of Attorney.
• Notarization, legalization, or an apostille.
• A translation or transliteration of the mark.
• A certified priority document.
• A copy of an earlier foreign application or registration.
• Proof of use.
• Details of a local attorney or trademark representative.

A Power of Attorney may be accepted as a signed digital copy in one country but require notarization or legalization in another. Do not assume that the same document will work in every jurisdiction.

When iGERENT coordinates a filing, we provide the appropriate Power of Attorney template and explain any signature, notarization, or legalization requirements.

9. Priority Information, If You Filed Recently Elsewhere

If you filed the same trademark in another country within the previous six months, you may be able to claim priority from that earlier application.

A valid priority claim can allow the later application to benefit from the filing date of the first one.

To claim priority, you may need:

• The country and office of the first application.
• The original filing date.
• The application number.
• A copy or certified copy of the priority application.
• A translation, if required.

Priority normally applies only to the same mark and cannot cover goods or services beyond those included in the earlier filing.

If you intend to expand internationally, raise the priority question at the beginning. Missing the relevant deadline can mean losing the benefit of the earlier filing date.

10. Government Fees and Filing Budget

Trademark filing fees vary by country, filing route, and number of classes.

Your total budget may include:

• Government application fees.
• Additional class fees.
• Search fees.
• Professional service fees.
• Local attorney or representative fees.
• Translation costs.
• Notarization or legalization costs.
• Publication or registration fees.
• Later proof-of-use fees.
• Fees for responding to objections or oppositions.

Some offices charge the main official fee when the application is submitted. Others divide the fees between filing, publication, and registration stages.

Government fees are generally non-refundable, even if the application is refused or opposed. For that reason, confirming the owner, mark, goods and services, classes, and potential conflicts before filing can help avoid unnecessary costs.

For a broader breakdown, see our guide on how much trademark registration costs.

11. Do You Need a Trademark Attorney or Local Representative?

Professional assistance is not mandatory in every country or for every applicant. However, some jurisdictions require foreign applicants to appoint a local attorney or trademark representative.

For example, applicants domiciled outside the United States must be represented before the USPTO by a US-licensed attorney. Other countries impose their own local representation rules.

Even where professional assistance is optional, it may be helpful when:

• Similar earlier trademarks have been identified.
• The goods and services are difficult to classify.
• The owner structure is complex.
• Several countries are involved.
• Priority is being claimed.
• A local Power of Attorney is required.
• The application receives an objection.
• The mark may be descriptive or otherwise difficult to register.

A representative can help prepare the application, coordinate country-specific documents, monitor deadlines, and respond to communications from the trademark office.

What You Do Not Always Need to Trademark a Name

Several items are commonly assumed to be mandatory even though they may not be required.

A registered company

An individual can own a trademark in many jurisdictions. You do not necessarily need to incorporate a company before filing, although you should decide carefully whether the individual or a future company should own the rights.

A logo

You can apply to register the name itself without a logo. A separate logo application may be considered if the visual design also has independent value.

A website or domain name

A website is not generally required to file a trademark application. Owning the corresponding domain also does not create or guarantee trademark rights.

Proof of use in every country

Proof of use is not a universal filing requirement. Whether it is needed depends on the country, filing basis, and stage of the registration process.

A professional search report attached to the application

A professional search is strongly recommended, but the report itself is not normally submitted as part of the trademark application.

Registration of the business name

Registering a company or trading name with a corporate authority does not automatically provide trademark protection. Business names and trademarks serve different legal purposes.

Final Trademark Filing Readiness Checklist

Before submitting the application, confirm that:

• I know exactly which name or logo I want to protect.
• I have confirmed who should own the trademark.
• The owner’s legal name and entity details are correct.
• I have identified all relevant goods and services.
• I know which trademark classes are needed.
• I have selected the countries where protection matters.
• I have checked for identical and similar earlier trademarks.
• I know whether proof of use or a filing basis is required.
• I have prepared any necessary Power of Attorney or supporting documents.
• I have checked whether priority can be claimed.
• I understand the government and professional fees.
• I know whether a local attorney or representative is required.

Other Frequently Asked Questions

What do you need to trademark a name?

You generally need the exact name you want to protect, the correct legal owner, a list of goods and services, the relevant trademark classes, the countries where protection is required, the applicant’s details, and payment of the filing fees. Additional documents may be required depending on the country.

What do I need to register a trademark?

To register a trademark, you need a mark capable of distinguishing your goods or services, the owner’s legal information, a clear description of the relevant goods or services, the appropriate classes, and a completed application. Proof of use, a Power of Attorney, translations, priority documents, or a local representative may also be required.

What do you need to file a trademark application?

A trademark application normally requires the mark representation, owner information, goods and services, class details, correspondence information, a signature or declaration, and payment. The exact application fields and supporting documents vary between trademark offices.

Do I need to be using a name before I trademark it?

Not always. Many jurisdictions allow an application to be filed before commercial use begins. In the United States, an intent-to-use application can be filed before use, but acceptable proof of use must be submitted before the trademark can be registered.

Do I need a logo to trademark a name?

No. You can usually apply to register the name as a word mark without including a logo. If the logo or stylized presentation is also important, a separate application may be appropriate.

Do I need a registered company to trademark a name?

Not necessarily. In many countries, an individual can apply for and own a trademark. However, you should decide who should hold the rights before filing, especially if a company is being formed or several founders are involved.

Is a trademark search required before filing?

A search is not always legally mandatory, but it is strongly recommended. It can identify earlier identical or confusingly similar marks that may lead to an objection, opposition, or infringement dispute.

What documents do you need to get a trademark?

The documents depend on the country. You may need identification or incorporation documents, a Power of Attorney, a representation of the mark, translations, priority documents, an earlier foreign registration, or proof of use. Many applications require only some of these documents.

What do you need to register a trademark internationally?

You need to identify the countries where protection is required, determine the correct owner and classes, and select an appropriate filing route. If you use the Madrid System, you will also need a qualifying connection to a member and an appropriate basic application or registration.