How to Protect a Trademarked Name?


Many business owners are concerned about protecting their trademarks. They may wonder if they should register their mark, or whether they need to do so. In most cases, the answer is yes. To protect your trademarked name from being used by others, you must do at least one of three things: (1) register it with the U.S Patent and Trademark Office; (2) use a common law trademark; or (3) develop a state law trademark based on continuous use for five years before anyone else does so in that area.

Registering a Trademark

Registering a trademark is important for protecting your brand. Trademarks are identifiers of the source of goods or services. There are several ways to register trademarks, including through the United States Patent and Trademark Office (USPTO), on the state level, or in foreign countries. The USPTO is responsible for registering trademarks in the United States while state trademark offices register trademarks on the state level. The cost to register a federal trademark with USPTO depends on how you choose to proceed; there are four options available: filing online through their electronic system (EFS-Web), mailing in paper documents by mail, sending in digital files via email attachment, or requesting assistance from an attorney at no additional charge by using their TEAS form as long as it meets certain requirements—the cheapest method being electronically filing using EFS-Web which costs $275 per class (each class may include multiple types of goods/services). If you choose not to use EFS-Web then your registration will be about $375 per class plus $100 for each international application filed within certain time periods after initial domestic filing ($100 if filed before these time periods).

Monitor use by Others

In order to protect your trademark, you need to monitor use by others. This can be done by searching the internet for your trademark and similar trademarks. You will also want to keep an eye out for companies that use your trademark improperly.

Use a Common Law Trademark

If you don’t want to register your trademark with the USPTO, then you can use a common law trademark. This means that you will have rights in your mark based on use alone. You are not required to register your mark or file any paperwork with the USPTO.

Work with an Attorney

First, you should find an attorney who is well-versed in trademark law. They will be able to tell you if your idea has potential and what steps need to be taken to protect it. You can do this by asking around for recommendations or searching online for attorneys in your area who specialize in intellectual property law. Once you've found an attorney, it's important that you work with them throughout the process so that they can advise you on every step of the way—from filing trademarks with the United States Patent and Trademark Office (USPTO) through protecting and enforcing those marks against infringement from competitors.


There are many ways to protect your trademarked name. It’s important that you work with an attorney who understands the process and can help guide you through it.