To trademark a podcast name, file an application with the United States Patent and Trademark Office (USPTO) through its electronic filing system. The base fee is $350 per class of services, the filing is non-refundable, and the average application reaches a final decision in roughly ten months when nothing goes wrong.1United States Patent and Trademark Office. Trademark Processing Wait Times Federal registration gives you a legal presumption of nationwide ownership, the right to use the ® symbol, and standing to sue infringers in federal court. The steps below cover what to do before you file, what the application itself requires, and what happens after it lands with an examining attorney.
Why Federal Registration Is Worth the Trouble
Using your podcast name in public gives you some automatic “common law” trademark rights, but those rights only cover the geographic area where you actually have listeners or name recognition.2United States Patent and Trademark Office. Why Register Your Trademark That is a poor fit for a podcast, which reaches every state the moment it goes live on a streaming platform.
Federal registration extends your rights across the entire United States and its territories, creates a public record that puts other businesses on notice, and shifts the burden of proof in your favor during disputes.2United States Patent and Trademark Office. Why Register Your Trademark Without it, enforcing your rights outside your immediate market gets more expensive and uncertain the longer you wait.
Search Before You File
The filing fee is not refundable, so run a conflict search before spending it. The USPTO maintains a free public database for this.3United States Patent and Trademark Office. Search Our Trademark Database Search your exact name first, then phonetic variations, alternate spellings, and similar-sounding words. A mark does not need to be identical to yours to create a conflict. The legal standard is “likelihood of confusion,” meaning your application can be refused if a reasonable listener might confuse your podcast with an existing brand offering related services.
The USPTO database only includes federal applications and registrations.2United States Patent and Trademark Office. Why Register Your Trademark Someone could be using a similar name under common law rights without ever filing anything. A broader internet check covering podcast directories, social media handles, and domain registrations catches conflicts the USPTO database will miss. Cutting corners here is often where problems surface months later, in the form of an opposition or a cease-and-desist letter.
Pick a Name That Can Actually Be Registered
Not every podcast name qualifies. The USPTO will refuse registration if your name merely describes the content or a characteristic of your show.4United States Patent and Trademark Office. Possible Grounds for Refusal of a Mark A cooking podcast called “Home Cooking Tips” would likely be refused as merely descriptive. Generic terms are worse and can never be registered.
The strongest names are invented words with no prior meaning or arbitrary words unrelated to the service. Suggestive names that hint at the topic without spelling it out also do well. If you insist on a descriptive name, you may still register it eventually by proving listeners have come to associate it specifically with your show, but that path is longer, more expensive, and often requires professional help. Choosing a distinctive name from the start avoids the problem.
What the Application Requires
Gather these pieces before you open the filing system.
Owner Information and Mark Type
You need the full legal name, domicile address, and entity type of whoever will own the trademark, whether that is you personally or a business entity like an LLC.5United States Patent and Trademark Office. Base Application Requirements You also have to choose between a “standard character” mark, which protects the name in any style, and a “design” mark, which protects a specific logo or stylization. Most podcast owners start with a standard character mark because it gives the broadest protection for the name itself.
Classification
Every application must identify the specific services the mark will cover.6United States Patent and Trademark Office. Trademark Scope of Protection Podcasts typically fall under International Class 41 (entertainment or educational services), with a description along the lines of “entertainment services, namely, a series of podcasts in the field of [your topic].” If you also sell downloadable audio files, that is a separate Class 9, meaning a second $350 fee. Podcasters who stream through Apple Podcasts, Spotify, and similar platforms without selling standalone downloads generally only need Class 41.
Specimen of Use
A specimen is a real-world example showing you are actually using the name to offer services. For a podcast, a screenshot of your show’s listing page on a streaming platform works well. The screenshot has to display your podcast name being used to promote or identify the service itself, not just as decoration.7United States Patent and Trademark Office. Specimens A webpage advertising the podcast or promotional materials that tie the name to the service also work.
Dates of First Use
You provide two dates: when you first used the name at all, even informally, and when you first used it “in commerce,” meaning in connection with services available across state lines. For most podcasts, the commerce date is the day the first episode went live on a streaming platform, since that makes the show instantly available nationwide.
Filing Through TEAS
All applications go through the USPTO’s Trademark Electronic Application System (TEAS). You will need a USPTO.gov account with two-step authentication to log in.8United States Patent and Trademark Office. TEAS Login Requirement The base fee is $350 per class and is non-refundable regardless of the outcome.9United States Patent and Trademark Office. USPTO Fee Schedule
The form walks you through owner information, mark details, classification, dates of use, and specimen upload. After you sign and pay, the USPTO issues a serial number for tracking. Double-check everything before you submit. Fixing mistakes after filing usually means responding to an examining attorney’s objection, which adds months.
Filing Before Your Podcast Launches
You do not need a live show to start. If you have a genuine plan to launch but no episodes yet, you can file an “intent-to-use” application under Section 1(b), which reserves your priority date while you get ready.10United States Patent and Trademark Office. Section 1(b) Timeline
The application is examined and published the same way. The difference is that when it clears, you receive a “Notice of Allowance” instead of a registration certificate. You then have six months to file a “Statement of Use” showing the podcast is live, at $150 per class.9United States Patent and Trademark Office. USPTO Fee Schedule Up to five six-month extensions are available at $125 per class each, giving you roughly three years after the Notice of Allowance to get the show into commerce.10United States Patent and Trademark Office. Section 1(b) Timeline Miss the deadlines and the application is abandoned.
What Happens After You File
Examination
Your application goes into a queue and is assigned to a USPTO examining attorney. As of early 2026, the average wait for initial examination is roughly four and a half months from the filing date.1United States Patent and Trademark Office. Trademark Processing Wait Times The examiner checks for conflicts with existing registrations and evaluates whether the mark is legally registrable.
Office Actions
If the examiner finds a problem, you receive an “office action” explaining it. Common reasons are likelihood of confusion with an existing mark, a specimen that does not meet requirements, or a finding that the name is merely descriptive of your services. You have three months from the date the office action issues to respond, with an option to request a three-month extension for a fee.11United States Patent and Trademark Office. Response Time Period Miss the deadline and the USPTO will declare your application abandoned. The filing fee does not come back.
Office actions are where many do-it-yourself applicants get stuck. A descriptiveness refusal, for example, requires persuasive legal arguments or evidence that the name has acquired distinctiveness through extensive use.4United States Patent and Trademark Office. Possible Grounds for Refusal of a Mark For anything beyond a simple clerical fix, a trademark attorney at that stage is usually cheaper than losing the application.
Publication and Opposition
Once the examiner approves the mark, it is published in the Official Gazette for a 30-day opposition period. During that window, anyone who believes your registration would harm their business can file a formal challenge before the Trademark Trial and Appeal Board. Most podcast trademarks pass through this stage without incident. If no opposition is filed, or if a challenge is resolved in your favor, the USPTO issues the registration certificate. Publication to certificate typically takes another three to four months.12United States Patent and Trademark Office. Approval for Publication
Total Timeline
USPTO data puts the average application at about ten months from filing to final disposition.1United States Patent and Trademark Office. Trademark Processing Wait Times An office action, a descriptiveness refusal to overcome, or an opposition can push it well past a year. Do not assume you will have a registered mark within a few months.
Using TM and ® Correctly
You can put “TM” next to your podcast name immediately, even before filing. TM simply signals that you claim the name as a trademark and requires no registration. The ® symbol is different. It is only legal to use after the USPTO has actually issued your registration certificate, and only for the specific services listed in the registration.13United States Patent and Trademark Office. Trademark Registration Toolkit Using ® before registration is misleading and can hurt you in a later dispute.
Keeping the Registration Alive
A federal trademark can last indefinitely, but only if you file the required maintenance documents on schedule. Miss a deadline and the USPTO will cancel your registration.
Between the fifth and sixth anniversaries of registration, you file a Section 8 declaration confirming continued use, with an updated specimen and the required fee. A six-month grace period after the sixth anniversary is available for an extra $100 per class, but relying on it is risky.14United States Patent and Trademark Office. Registration Maintenance/Renewal/Correction Forms
Between the ninth and tenth anniversaries, and every ten years after that, you file a combined Section 8 declaration and Section 9 renewal with a specimen and fee. The electronic filing fee for the combined submission is $650 per class, with the same six-month grace period and $100 per class late fee.9United States Patent and Trademark Office. USPTO Fee Schedule
You are also expected to watch the marketplace for other podcasts or businesses using a confusingly similar name. Federal registration gives you the legal tools to stop infringers, but the USPTO does not police the market for you. Periodic searches of podcast directories and the USPTO database are a low-effort habit that protects what you paid for.