Be careful! If your application is approved, you'll be free to use your trademark in commerce. Can you trademark your personal and/or stage name? Boni Peluso is an award-winning Creative Director and Content Strategist who has written extensively for the legal, heal… You should also have someone scan TESS and the Internet, from time to time, to spot possible infringements being filed or used before they get too far. The name can't create a likelihood of confusion among consumers. Accessing the trademarks database or registering a combination of words, sounds or designs. How to Trademark a Name - Tutorial from a Lawyer // Growing online business can be really difficult. Name Choice: Common or generic words cannot be trademarked as a business name. Forming certain business entities, filing an assumed name, or registering a trademark can afford you business name protection. If you want to learn more, like when you should hire a trademark attorney, keep reading! You’ll get feedback on your application (called an ‘examination report’) within 40 working days. A service markis a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. If there is a conflict in the use of the Mark, the conflict is resolved legally and the earliest published use of the mark wins. Check how the new Brexit rules affect you. Why am I seeing so many different prices for trademarking? We use cookies to make wikiHow great. How long is the process? Include your email address to get a message when this question is answered. A trade mark is not limited to being a corporate logo. If you find no other company using your name as their own mark, you may still want to hire a trademark attorney to ensure that your search was accurate. A trademark is a more significant step identified with establishing brand recognition in the marketplace. The application review process takes several months to complete, and the USPTO will send you a notice of any action it has taken on your application. This name is a key feature of your brand, and it's smart to protect it with a registered trademark. How Much Does It Cost to Trademark a Business Name? How to Register a Trademark for a Company Name. By using our site, you agree to our. Once approved, you are responsible for enforcing your trademark. In the always evolving electronic age, many famous celebrities are using trademark law to protect the use of their name over the Internet. Terms of Use and Your state's filing office can tell you how to access their corporate name database. Some examples include brand names, slogans, and logos. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, … The term "trademark" is often used in a general sense to refer to both trademarks and service marks. Your trademark carries all the value – earned value and potential value – that the power of your name and brand has earned or will own in the future. Approved. Learn more... A trademark is a symbol, word, or phrase that represents a product or a service. A more comprehensive search sorts through other platforms such as state trademark databases, business directories, and the internet to identify other names that are the same as—or similar to—your proposed trademark name. We are starting a small business, and need all the, "I'm starting my own business and wasn't aware of the information provided. There are two types of Trademarks in common use in the United States. To create this article, 14 people, some anonymous, worked to edit and improve it over time. It could also be a jingle, your registered business name painted on the side of your truck or even a scent. Avoid using ® or ™ on the company name when used to identify the company rather than the particular goods or services under your brand. Can I trademark a name used for a 4-H project? Getting trademark protection for your business name, logo or slogans is an important way to protect your work. wikiHow is where trusted research and expert knowledge come together. However, you may need to consider whether a particular emoji is a copyrighted work of creative authorship owned by someone else. © LegalZoom.com, Inc. All rights reserved. The Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office can reject or refuse the application based on the lack of acquired distinctiveness or uniqueness. Technically, trademark protection is based on first use of a name – re… In order to obtain a trademark, you must come up with a unique mark that isn't already in use, then file an application and pay the filing fee. The following article is a small description of trademarks, and describes in brief the process of trademarking a particular name. This is like a name database, but limited to corporations and businesses. Our Trademark Engine Federal, State & Common Law Search reviews the USPTO database, the databases of all 50 states, a business registry and the database of domain names. So if you really want enhanced protection, it's a good idea to register your trademark as soon as possible. If someone else tries to use it, you have the right to take legal action to protect it. USPTO releases additional information on the COVID-19 Trademark Prioritized Examination Program . To avoid delays in the trademark registration process, you need to know some key facts. “Can you trademark a name” is a common question. If the name you want to trademark is for a corporation, limited partnership or limited liability corporation, look the name up in your state's database of corporate names. A trademark search is an invaluable first step because it can prevent potential trademark problems before you even file an application or invest time and money in your business name. The easiest names to trademark are made-up, or “coined,” names such as “Xerox.” Arbitrary names that use an existing word to identify an unrelated product or service, such as “Apple” for computers, also receive strong trademark protection. Patent and Trademark Resource Center (PTRC) Can I trademark a name? FBI estimates that businesses lose over $512 billion dollars every year due to intellectual property losses. We normally process orders in about 2-3 business days, unless you have a rush. If you have similar versions of your trade mark, you can make a series application for up to six marks. Thank you. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future. You should also monitor the TESS database, from time to time, to follow the progress on your application. Similarly, in the event of a court dispute over your name, common law ownership only offers limited protection. You can register your trade mark to protect your brand, for example the name of your product or service. If the trademark is available, you can fill out an application to secure it. A patent protects an invention. Thank you for subscribing to our newsletter! Once you have a strong mark, use the USPTO’s Trademark Electronic Search System (TESS) to see if it is already in use. In 2014, in the case of Barnton Family Winery, the body upheld the refusal to register the trademark, and the company had to find an alternative name. The cost of a trademark is based on the number of classes your goods or services fall … A copyright protects an original artistic or literary work. Under US laws, registration is completely optional, so the expiration of a trademark application or registration may be only one indicator of whether the owner of that brand is still using it and has the legal right to enforce it. Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. When you register a trademark with the United States Patent and Trademark Office (USPTO), however, your trademark rights protect you nationwide. A trademark can be associated with or it can be part of your trade name … You will be notified when your application is "allowed" and then "published for opposition". As you start selling your product or service, you automatically have what's called "common law ownership" of that name without having to register it formally. advice we can get. You also won't be able to trademark a name that is very similar to someone else's , especially if the similar name belongs to a competitor. Only businesses that have registered their trademark with the USPTO can use the registered trademark symbol, (®) , and enjoy full, immediate legal protection against infringement. You can't register a generic or descriptive name. Attorneys with you, every step of the way. A trademark search can help accomplish this goal. To trademark a name, find out if your “mark,” fits the United States Patent and Trademark Office (USPTO) definition of strong, which means the mark must have an arbitrary, secondary meaning that reflects your services or product. I'm grateful to have been informed of my. Yes, combination marks are quite common, whether or not they are registered. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future. Any material changes would require filing another application, perhaps losing your priority date to others having filed for registrations of similar brands in related fields. If you want to learn more, like when you should hire a trademark attorney, keep reading! Can I trademark a name that contains a combination of words and emoji? A trademark can be any name, symbol, design, sound or any combination of these elements that describes your business and distinguishes it from others. wikiHow is a “wiki,” similar to Wikipedia, which means that many of our articles are co-written by multiple authors. A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. An attorney will also help you complete the complicated filing process. Trademark . Find out how to get started with this easy-to-follow explanation of how the registration process works, how much it costs, how long it takes and more. ; Fill the application online. It's important to monitor your trademark and act promptly if you believe someone is infringing on it. If approved based on an intent to use the application, you would receive a Notice of Allowance, which means your mark has been allowed but won't be formally registered until you begin using it in business and file a Statement of Use and a specimen that shows your name in use. The USPTO cannot aid in the selection of a search firm or an attorney. The average cost to trademark a name or logo is around $275 when filing yourself, or between $500 and $2,000 when filing through a service or trademark attorney. Trademarking your company's logo is an essential step to protect your rights. You may register its business name, but that is not a trademark. Can You Trademark a Name? With federal trademark registration, you can file a trademark infringement lawsuit in federal court. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. Brexit. Can I use a trademarked name if it says "deceased" under the registered name? How to register a trademark for a company name: in a gist. Once you’ve registered it with the U.S. Patent & Trademark Office, you have the legal protection of the government on your side should any competitor try to siphon off your business based on your success. The USPTO says that a fanciful trademark is best. wikiHow marks an article as reader-approved once it receives enough positive feedback. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. For example, if your company is engaged in the business of making and selling hair spray, look in the search results for the mark being used in connection with hair care products. The plural would likely be "confusingly similar", depending upon other factors, such as distinctiveness and the overlap of the respective fields of use. In this case, 99% of readers who voted found the article helpful, earning it our reader-approved status. This article has been viewed 146,256 times. You can register a logo that includes text, but then the design and the text together are considered one trademark. If your trademark is granted with the intent of being used in the future, you will be given a notice of allowance which basically states that you are allowed to use the trademark in the future. The search results can alert you to a potential denial based on the likelihood of confusion with an existing trademark. You must respond to Office actions within that deadline, or your application will be denied. Names like EXXON are fanciful. You can't register a generic or descriptive name. How long does it take to get a trademark? Go to the U.S. Patent and Trademark Office’s Web site: uspto.gov. Doing a trademark name search can help you avoid legal and marketing troubles down the road. A suggestive name, such as “Chicken of the Sea” tuna, can be trademarked. The trademark symbol (™) can really be used by anyone. Trademark infringement involves the use of a similar brand to create a likelihood of confusion with your existing brand on goods or services. Our network attorneys have an average customer rating of 4.8 out of 5 stars. The trademark name well known as trading name or trademark business name is the name which a business trade under for commercial purposes, although its registered, legal name used for contracts and other formal situation. Unlike patents and copyrights, trademarks do not expire after a set term … Search firms are often listed in the yellow page section of telephone directories under the heading "Trademark Search Services" or "Patent and Trademark Search Services." That's why every trademark application must specify the type of goods or services where a trademark will be used. However, common law rights only go so far. You can also check the Intellectual Property Office’s online journal to find trade mark applications accepted in the last week. A trademark can be a name, phrase, or logo used on a product or advertised for a service. ", https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright, https://www.uspto.gov/trademarks-getting-started/trademark-basics, https://tmep.uspto.gov/RDMS/TMEP/Oct2012#/Oct2012/TMEP-1200d1e7036.html, https://tmep.uspto.gov/RDMS/TMEP/Oct2012#/Oct2012/TMEP-1200d1e7074.html, https://tmep.uspto.gov/RDMS/TMEP/Oct2012#/Oct2012/TMEP-1200d1e7132.html, http://www.uspto.gov/trademarks/basics/BasicFacts.pdf, consider supporting our work with a contribution to wikiHow. Can I obtain a trademark and file it later? Does it need to be a logo? wikiHow is a “wiki,” similar to Wikipedia, which means that many of our articles are co-written by multiple authors. One limitation of common law ownership is that your name is only protected in the geographic area where it is being used. You can't register a trademark for non-business purposes. This can happen when your name is too similar to another registered mark or one that's pending. Should you? The U.S. Patent and Trademark Office can register an individual's name as a part of a trademark; however, it only grants protection to names that are extensively utilized in commerce or ones that are distinctive. You would need to submit a drawing and a sample of how it is being used on your goods, and that part of the application cannot be amended. Read more. It is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design. [1] % of people told us that this article helped them. When you look at it that way, it becomes clear why it’s important to protect your trademark. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. A distinctive name can be used as a brand, if it otherwise qualifies. Privacy Policy. You cannot change your trade mark once you’ve applied, and the fees are non-refundable. You cannot "trademark a company". Naming yourself as the owner, instead of the company may void your application if the company is a separate legal entity, such as an LLC or corporation. The name of your company may be your most important business asset—it tells people who you are and what you do. Your trademark name has to be distinctive or unique in some way to be approved. You'd need to file two applications. A trademark typically protects brand names and logos used on goods and services. The process for trademarking a business name is relatively simple and inexpensive, and well worth its weight in gold in terms of warding off unlawful use by competitors. Use of our products and services are governed by our When you register your trade mark, you’ll be able to: Any mark that is very similar to your company name that also represents a similar product or service to your company should be noted. You may use TM or ™ when using your brand on other things not federally registered. Filing for a trademark can protect your brand. As an organization decides the names of their products and other identifying slogans or symbols, they need to make sure that those are not already in use, so that there will be less likelihood of confusion. An application to secure it company with my own slogans, do I make a trademark infringement lawsuit in court. Only protected in the selection of a search firm or an attorney by your side really ’! 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