How to Trademark your Business Name
If you want to protect your brand name and prevent unauthorized use of it by others, then you should trademark your business name. The process is not very difficult, but it does require some research and legal assistance. This guide will help you understand how to trademark a business name with the Trademark Office.
Trademark Your Business Name
Trademarks are legal protections for words, phrases, symbols, logos, and designs that distinguish the source of products or services from others. Trademarks can be used to protect your brand name.
Trademarks help you distinguish your products from competitors by indicating that they come from you.
What are Trademarks?
Trademarks are used to distinguish products and services from those of others. They can be a word, symbol, or even a slogan. The trademark may be used on the product itself or on its packaging.
Trademarks protect intellectual property and as such they are registered with the government. If a name is not registered as a trademark it can still be protected under common law rights (i.e., by using the name in commerce).
Difference Between a Patent, Trademark and Copyright
Trademarks protect brand names and logos while copyrights protect creative works like books, music, art and videos.
Patents are a special type of intellectual property that protects inventions. These last for a limited time (usually 20 years) but can be renewed up to 10 times. Patents only protect the invention itself and not how it’s used or marketed – they don’t prevent others from using similar technology or concepts if they aren’t copied exactly from your patent application (though there are exceptions).
Advantages of Registering a Trademark
- Trademark registration is a great way to protect your brand name, logo, and slogan.
- You will have the right to confirm that you are the owner of the trademark.
- It can be used to stop others from using your trademark.
- It can also be used to stop others from using a similar trademark or logo if it causes confusion among customers.
How to Trademark a Name?
To trademark a name, you must first identify and register the trademark with the USPTO.
- You can file an application for a new trademark. This means that your company is starting out and has not used its name in commerce yet. You will have to submit an application fee of $325 per class under which your mark falls; if you're unsure, it's always best to err on the side of caution when filing fees, as they often increase over time!
- If you already use your business name in some way (whether as part of advertising or another marketing scheme), then file an intent-to-use application instead.
Conduct a Trademark Search
Before you start the trademarking process, it's important to conduct a thorough search to make sure that your business name isn't already taken. If you're planning on using a more unique name (like "The Smell of Bacon"), then this may not be an issue for you—but if not, it's best to do some research first.
If there are similar trademarks in use or pending registration with the USPTO, then you'll want to keep looking for options until one comes up that is available. Some companies have had to change their names because they weren't able to get them registered with the USPTO first!
Draw up a Specimen of Use
The USPTO has a specimen of use form that you will need to fill out, which can be found on the USPTO website. The specimen of use must be filed with the application and is an important part of trademark registration. If you do not include this with your application, it may be rejected by the USPTO, which could delay your registration process.
Decide Classification of Goods and Services
A trademark is a distinctive mark or sign used by an individual or organization to identify their goods and services. Trademark rights are acquired through use in commerce, and you can apply for federal registration with the U.S. Patent and Trademark Office (USPTO).
Prepare your Payment
Don't forget to prepare your payment. The filing fee is due at the time of filing, and it should be paid by check or money order made payable to the USPTO. The application fee is due when you file your application and can be paid online with a credit or debit card. If you file via TEAS PLUS, an additional $100 will be charged for this service; otherwise, you can use eFiling services for free by paying an additional $50 per submission (this does not apply if you're using TEAS).
You have a business name that you want to trademark. That's great! Trademarking your business name will stop other businesses from using your brand name, as well as protect it from being used by third parties in a way that's likely to cause confusion among consumers.
Trademarking your business name is a smart move that can help you protect your brand and prevent other companies from using it. While it may seem like a lot of work, the benefits are worth it!