How to trademark a name: Your brand name should be trademarked and registered as a service mark in order to safeguard your company’s intellectual property. Trademark registration with the United States Patent and Trademark Office (USPTO) may be done in a few simple steps.
- There are only three steps involved in trademarking your company name.
- The United States Patent and Trademark Office (USPTO) can help you protect your intellectual property.
- It isn’t required to get a trademark right away, but it might help your business in the long run.
- To help small company owners decide whether or not to trademark name their brand name, this article provides an overview of the process.
- You may safeguard your brand’s identity by registering a trademark, which is a significant step. The procedure how to trademark a name or register a trademark is pretty simple and may be completed in a few simple steps.
We’ll go through how to trademark a name, how to copyright a name, how to trademark a business name, how to register a trademark business name and copyright, how to trademark a company name, how to patent a name, and more in this post. To learn more about trademarks, keep reading.
Step-by-step instructions and answers to frequently asked questions are included in this guide to trademarking the name of your company.
What does it mean to have a trademark and how to trademark a name?
“A term, phrase, symbol and/or design that identifies and differentiates the source of the products of one party from the others” is what the USPTO defines as a trademark.
How to register your business name as a trademark
You may not be able to trademark and copyright your company’s name as quickly or easily as you think.
Prior to filing for trademark protection, you should check the federal database to see if the name you wish to protect has already been trademarked. The Trademark Electronic Search System (TESS) of the United States Patent and Trademark Office (USPTO) makes this possible. Look for names that are similar to the one you desire, as well. If your name is too close to a name that has previously been registered in the same class, your application may be rejected.
This may sound simple, but it isn’t always. For example, the flavors of Iguana Ice Cream and Iguana’s Ice Cream may be too similar. In some cases, a trademark that looks or sounds like your brand or has similar meanings may be a registered trademark.
2. Apply for a trademark
It’s time to get your trademark application ready once you’ve done your research and cleared the name you want to trademark. You can register a trademark for a name that is already being used commercially or one that you intend to use in the future.
The trademark application is made up of ten parts: a trademark application
- The applicant’s name and address
- The applicant’s citizenship and legal status
- A person’s name and address, in case you need to contact them again (this does not have to be the same as the name of the applicant)
- In the event that you are only submitting an application for the name and not a design element, you can simply enter in the name instead.
- A detailed explanation of the mark
- Specific items or services for which the trademark application has been filed.
- The type of product or service
- An illustration of the mark in use, along with the date on which it was first utilized.
- Your or an authorized representative’s signature on a dated document.
- The application cost is appropriate for the type and number of classes that are listed.
As soon as you’ve finished the application, you’ll be presented with two filing options: TEAS Plus and TEAS Standard. A reduced rejection rate and cheaper cost are two advantages of the Plus option. But if you require a bespoke description of your services or items that are not accessible in the pre-set list Plus gives, then the risk associated with the Standard option may be more useful for your circumstance.
The USPTO will provide you with a confirmation receipt and a serial number, which you may use to track the progress of your application on the Trademark Status & Document Retrieval (TSDR) portal.
The most important thing to remember is to check the TESS database for similar brand trademark names before submitting your trademark application to the USPTO for consideration.
Q&A on trademarks
Q. How can you tell the difference between a trade name and a trademark?
Products are protected by trademarks; services are protected by service marks. To describe how to trademark a name, both sorts of trademarks, however, the term “trademark” is occasionally used in the industry. Both are aimed to prevent rivals from claiming that a product or service originated in a different country.
The formal business name is replaced by a trade name. The phrase “doing business as” is commonly used to signify this on official documents (DBA). In cases where the business name is too long or the intended name is too similar to a trademark or service mark, it is utilized to shorten the name. This does not always denote the legal entity responsible for providing the service or product.)
The answer to this question is, “It depends.”
Not everyone is aware about how to trademark a name therefore the procedure of trademarking becomes very difficult. You don’t need to register your trademark in order to secure legal protection. If you use a mark in the course of your company in the United States, you are awarded “common-law rights” to it. As a result of this, you may begin utilizing it immediately and demonstrate your ownership of it by showing that you were the first commercial user of it. There are, however, some restrictions to your common-law trademark rights.
There are several advantages to registering a federal trademark. Therefore it is advised to know how to trademark a name. Trademark registration is the most crucial step in securing ownership of your trademark and the exclusive right to use it for the goods or services you specified during registration. Only the limits of the state where you are registering your business name are protected by common-law rights, and those bounds are defined by the laws of that state.
When you register your trademark with the USPTO, a public notification declaring your ownership will be issued, and it will be included in the database online. The U.S. Customs and Border Protection (CBP) will not allow the importation of foreign items with the same name if your trademark is federally registered. Instead of the less enforceable TM mark, you’ll be permitted to use the federal sign.
Your company’s name serves as the primary means through which the general public perceives it. Imagine a competitor utilizing your company’s name to promote products and services that are inconsistent with your company’s goals and values. A trademark is a legal requirement if you want to provide your company the best possible legal protection.
A trademark application is limited to a single class of goods or services. There will be an extra fee for each additional categorization that is mentioned on the application. In total, there are 45 courses to choose from. A Class 12 trademark, for example, might be appropriate if your company manufactures automobiles. Class 25 trademarks are required if you wish to sell apparel bearing the name of your firm in addition to other products. When deciding which class to put a name in, think about how you’ll use it specifically.
How To Get Trademark A Logo Or A Name?
How to trademark my name, copyright a name, trademark a logo, trademark a business name, trademark registration, trademark company name, how to patent a name, etc. will be covered in this article. read on for more information Find out more about trademark law. Once you’ve completed your trademark search, use the trademark electronic application system to file a trademark application (TEAS). After you select a suitable application, you will be given a form to fill out.
The TEAS Plus, TEAS Reduced, and TEAS Regular application forms are all available.
An additional $50 filing fee is due when selecting the “Temptation to Use basis” (ITU) for at least one type of goods or services.
When you register, you’ll get an email confirming that it was received. After you submit your applications, an attorney will review them to see if they meet all of the legal requirements for trademark licensing within three months. That’s how one goes about registering a trademark for a name.
Every three to four months, you should check in on the progress of your application. In order to obtain a trademark, you must go through the Status and Recovery of Marks (TSDR) procedure.
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How to trademark a name for your company?
It is possible to trademark a name if the name is distinctive and not too close to a trademarked name. For example, a trademark is unlikely to be granted if the company’s name is too generic, such as The Ice Cream Shop. Iguana Ice Cream, for example, is more likely to be trademarked since it combines two familiar phrases in a novel way.
Additionally, it’s crucial to take into account the geographic region you’ll be serving. The common-law trademark protection that you acquire by utilizing the name is limited to your immediate geographic region.. A trademark is a must if your company provides services to customers in more than one state.
In the event that your company has many product lines with distinct names, you may want to trademark these as well. One of Ford’s many product lines includes the F-150 pickup truck, Mustang fast car, Ranger crossover SUV, and Explorer SUV.
What’s that? Your business name’s common-law trademark protection is only valid within your immediate geographic area. Having a trademark is a good idea if your firm works in more than one state.
I’m not sure if I should form an LLC or trademark first.
When deciding whether or not to register a trademark or form an LLC, it is important to consider your company objectives.
In the United States, a limited liability company (LLC) is a type of private limited corporation. Although you may get an LLC from any state, it is most commonly issued by the state where the firm is based. In contrast to trademark registration, which takes an average of three months to complete, LLC registration is frequently completed in less than a day.
First, you should register as an LLC if you plan to start doing business right away. The trademark application is preferable if you have a long lead time and fear that your name may be taken by someone else before you have a chance to use it in your business.
It’s time to get a trademark for your company.
It is not necessary for your company to file for trademark registration immediately.
When registering a trademark, you often need to be able to demonstrate “use in commerce,” which implies that you must be able to establish that the mark has been utilized in the marketplace. However, a trademark intent-to-use (ITU) application is a possibility.
Prior to the mark being registered, you must still prove commercial use of the mark by submitting the required documents and fees as specified by the International Telecommunication Union (ITU).
For commercial purposes, you can only claim use for a maximum of three periods:
Before a manuscript may be accepted for publication, it must be reviewed and approved by
A notice of allowance (NOA) must be received within six months of the date on which the extension was granted.
Several methods exist for establishing commercial usage, including the ones listed below:
- Making a mark on the things you’re selling and putting it on your website
- Use of the mark in connection with the sale of services
Under federal law, there are three categories of commerce:
Territorial Interstate Foreign Trade
Businesses that operate within the limits of one state are often not allowed to conduct intrastate commerce.
When applying for a trademark, make sure you can establish that your firm is using the trademark in commerce, or that you can prove it within the constraints of the ICU procedure.
Is trademark registration required if I register a business name?
There is no federal protection when you register a business name on a state level. There is no need to register a trademark if you are just providing services or products in that state. However, if you want federal trademark protection for the name of your firm, you’ll need to file a trademark application.
Is there a way to tell whether a brand has been trademarked?
There are several ways to search the federal trademark database using TESS. Using the “basic word mark search,” you may look up trademarked words and phrases in the United States federal register.
In order to search the database, you may use either a design or words or both, in combination.
However, in order to accomplish this properly, you will likely need to know the design codes.
It’s possible to look through a directory or a specific column in the database.
Search by trademark registration or publication date if you’re not sure what could have been registered but know a general date.
How long is your registration valid once you are accepted?
As long as you’re prepared to uphold your trademark registration, it’s legitimate. Trademarks never expire as long as they are used for the purpose they were registered for. In other words, a trademark doesn’t give you ownership of the term; it offers you the right to use that word, phrase, or picture to designate the goods or services indicated in the registration.
Using it, on the other hand, isn’t sufficient. Between the fifth and sixth anniversary of the trademark registration, you must file a Section 8 declaration with the USPTO to demonstrate that the trademark is still being used. A simple oath is all that is required here.