Protect Your Brand
Before You Franchise
Your brand name and logo are your most valuable franchise assets. Federal trademark registration gives you exclusive nationwide rights and is the legal foundation every franchise agreement depends on. Use this page to research, prepare, and take action.
Trademark Basics — Official USPTO Video
Learn the fundamentals of trademark protection directly from the USPTO
Why Trademarks Matter for Franchising
Your brand is your most valuable franchise asset
Before you offer franchises, you need to protect your brand identity. A strong trademark gives you the exclusive right to use your name and logo in connection with your goods or services, and it is the foundation every franchise agreement relies on. Registering a business name with your state or buying a domain does not by itself establish federal trademark rights — only the USPTO registration process does that.
Brand Name (Word Mark)
Protects the name itself — the words, regardless of font or styling. This is your strongest protection because it covers the name in any form. File as a "standard character mark" for broadest coverage.
USPTO: Types of ApplicationsLogo (Design Mark)
Protects a specific visual design, stylized text, or logo image. Narrower than a word mark — it only covers the exact design filed. Many brands register both the word mark and the logo separately.
USPTO: Design Mark FilingDIY Research Checklist
You can do meaningful preliminary research yourself. These steps help you understand the landscape and prepare for working with an attorney — but they do not replace a professional clearance opinion.
Search the USPTO database
Use the official Trademark Search system to look for existing registrations. Search for exact matches, similar spellings, phonetic equivalents, and related goods/services — not just your exact name.
Identify your trademark class
Trademarks are registered under specific classes of goods/services. Franchise services typically fall under Class 35 (business services) or Class 43 (food/drink). Identify all classes relevant to your business.
Review the USPTO basics guide
Read the official USPTO trademark basics to understand what qualifies for protection, the difference between TM and ®, and the application timeline.
Check state and common-law usage
Beyond federal records, search state Secretary of State databases, business registries, domain registrations, and web searches to find unregistered (common-law) users of similar marks in your industry.
Prepare your filing materials
Gather your mark drawing, specimen of use (showing the mark in commerce), identification of goods/services, and filing basis. The USPTO application portal walks you through each field.
Prepare for Attorney Review
Complete this form to organize your trademark information. Download the summary and share it with a qualified trademark attorney for a clearance opinion and filing strategy.
Attorney Partner Program
We are building a network of qualified trademark and franchise attorneys who can provide clearance opinions, file your applications, and respond to USPTO office actions. In the meantime, we recommend working with a licensed attorney in your state who has franchise and trademark experience. The handoff summary above will help them get started quickly.
Important: This guidance is educational only and is not legal advice. Trademark availability and registrability require a professional legal opinion.