You cannot change your trade mark once you’ve applied, and the fees are non-refundable. This gives other people an opportunity to oppose it. Afterwards, the USPTO will usually take at least 6-8 months to register a trademark. A basic search will uncover trademarks that match yours. To create this article, 14 people, some anonymous, worked to edit and improve it over time. 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. Privacy Policy. Trustworthy Source 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. We are not a law firm, or a substitute for an attorney or law firm. FBI estimates that businesses lose over $512 billion dollars every year due to intellectual property losses. advice we can get. 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. To avoid delays in the trademark registration process, you need to know some key facts. Can You Trademark a Name? wikiHow is a “wiki,” similar to Wikipedia, which means that many of our articles are co-written by multiple authors. How to Trademark a Name - Tutorial from a Lawyer // Growing online business can be really difficult. Alt-0174 (numbers entered on the number pad) is the alt code for that symbol. "This information has been very helpful to my family and I. Make sure nobody else has already registered the same business name you want to trademark by searching the Trademark Electronic Search System database. To create this article, 14 people, some anonymous, worked to edit and improve it over time. When you register a trademark with the United States Patent and Trademark Office (USPTO), however, your trademark rights protect you nationwide. When similar marks are used on related goods and services, consumers can get confused and mistakenly believe they come from the same source. Under US laws, only a trademark that is "in use in commerce" can be registered in the USPTO. A patent protects an invention. 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. Last Updated: June 9, 2020 Yes, combination marks are quite common, whether or not they are registered. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. Your state's filing office can tell you how to access their corporate name database. In a search of the trademark database, I found the name "John Smith" (connected to a business) that was listed as "fanciful.". Read more. Private trademark search firms will conduct searches for a fee. The name can't create a likelihood of confusion among consumers. If problems are flagged, you'll receive a letter known as an Office action that will explain the issue and generally give you 6 months to respond. Today I will be showing two ways how you can trademark a name or logo, or just about anything. If your trademark is granted, you will be notified in writing that it has been registered. Can I obtain a trademark and file it later? Go to source How to Trademark a Name. Name Choice: Common or generic words cannot be trademarked as a business name. Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. How do I make a trademark sign on Windows 7? You'd need to file two applications. Include your email address to get a message when this question is answered. Getting trademark protection for your business name, logo or slogans is an important way to protect your work. Your trademark name has to be distinctive or unique in some way to be approved. Similarly, in the event of a court dispute over your name, common law ownership only offers limited protection. If someone else tries to use it, you have the right to take legal action to protect it. Trademarks, patents, copyrights, domain names, and business name registrations all differ, so it is important to learn whether a trademark is appropriate for you. When you register your trade mark, you’ll be able to: Should you? wikiHow is a “wiki,” similar to Wikipedia, which means that many of our articles are co-written by multiple authors. The USPTO allows one trademark—that's one name, one logo, or one slogan—per application. This step also entails a filing fee, which is around $300. Trademarking your company's logo is an essential step to protect your rights. USPTO releases additional information on the COVID-19 Trademark Prioritized Examination Program . The search results can alert you to a potential denial based on the likelihood of confusion with an existing trademark. United States Patent and Trademark Office, U.S. government agency responsible for registering and protecting patents and trademarks, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/a\/af\/Trademark-a-Name-Step-1.jpg\/v4-460px-Trademark-a-Name-Step-1.jpg","bigUrl":"\/images\/thumb\/a\/af\/Trademark-a-Name-Step-1.jpg\/aid1967851-v4-728px-Trademark-a-Name-Step-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"

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\n<\/p><\/div>"}. Once you have used it as a brand, under US law, it is a trademark and can also be optionally registered in one or more US states or in the federal US Patent and Trademark Office. Trade name is also used in the pharmaceuticals industries, which has dissimilar chemical names. Fanciful names are best for trademarking. You will be notified when your application is "allowed" and then "published for opposition". 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. Forming certain business entities, filing an assumed name, or registering a trademark can afford you business name protection. You should also monitor the TESS database, from time to time, to follow the progress on your application. Why am I seeing so many different prices for trademarking? How to register a trademark for a company name: in a gist. However, common law rights only go so far. We normally process orders in about 2-3 business days, unless you have a rush. Does it need to be a logo? 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. Yes, filing for state or federal registration in the USA is completely optional. Filing for a trademark can protect your brand. Brexit. A trademark can represent a product or service, or feature of a product or service. From what I understand, no, you cannot trademark a name for a 4-H project, as 4-H holds the rights to the project once it has been entered. 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. It is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design. You can avoid legal trouble and countless headaches by being proactive to ensure you don't infringe on another company's trademark. Avoid using ® or ™ on the company name when used to identify the company rather than the particular goods or services under your brand. The cost of a trademark is based on the number of classes your goods or services fall … 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. The United States Patent and Trademark Office (USPTO) welcomes Tricia McDermott Thompkins as a new interim member of. 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. Boni Peluso is an award-winning Creative Director and Content Strategist who has written extensively for the legal, heal… References Can I use a trademarked name if it says "deceased" under the registered name? I'm grateful to have been informed of my. 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. In the U.S., trademark registration is handled on the federal level through the United States Patent and Trade Office (PTO). How long does it take to get a trademark? 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. As a business owner, you have many options for paying yourself, but each comes with tax implications. min read. A trademark search can help accomplish this goal. If the trademark is available, you can fill out an application to secure it. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. You can't register a generic or descriptive name. Some examples include brand names, slogans, and logos. You can also check the Intellectual Property Office’s online journal to find trade mark applications accepted in the last week. Your application must be filed with the USPTO, and it must include: Once you apply, your trademark application is assigned to a USPTO examining attorney for review. Check how the new Brexit rules affect you. Want them protected individually? You can't register a trademark for non-business purposes. These are made up names and names that are not logically connected with a product or service. Do I need to trademark both? Only businesses that have registered their trademark with the USPTO can use the registered trademark symbol, (®) , and enjoy full, immediate legal protection against infringement. How long is the process? If your application is approved, you'll be free to use your trademark in commerce. wikiHow is where trusted research and expert knowledge come together. Registering a trademark for a company name is pretty straightforward. Go to the U.S. Patent and Trademark Office’s Web site: uspto.gov. It's important to monitor your trademark and act promptly if you believe someone is infringing on it. In this case, 99% of readers who voted found the article helpful, earning it our reader-approved status. A trademark can be any name, symbol, design, sound or any combination of these elements that describes your business and distinguishes it from others. The name can't create a likelihood of confusion among consumers. When you look at it that way, it becomes clear why it’s important to protect your trademark. “Can you trademark a name” is a common question. By using our site, you agree to our. Any mark that is very similar to your company name that also represents a similar product or service to your company should be noted. wikiHow marks an article as reader-approved once it receives enough positive feedback. Names like EXXON are fanciful. ; Fill the application online. A service markis a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. How to Register a Trademark for a Company Name. 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 can register your trade mark to protect your brand, for example the name of your product or service. The term "trademark" is often used in a general sense to refer to both trademarks and service marks. You will need to make additional USPTO filings to maintain your registration, starting 5 years after issuance, then renewal at 10 years. We are starting a small business, and need all the, "I'm starting my own business and wasn't aware of the information provided. If you want to learn more, like when you should hire a trademark attorney, keep reading! This name is a key feature of your brand, and it's smart to protect it with a registered trademark. You can't register a generic or descriptive name. You may register its business name, but that is not a trademark. Once you have a strong mark, use the USPTO’s Trademark Electronic Search System (TESS) to see if it is already in use. A registered trademark gives you exclusive rights to identify your product or service with that name, informs everyone that you are the owner of that trademark, and bars others from using it or piggybacking on your brand. How Much Does It Cost to Trademark a Business Name? 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. 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. Be sure to use the "circle-R" mark ® on your trademark, but only when used in association with the goods or services included in your registration. Thank you. Learn more... A trademark is a symbol, word, or phrase that represents a product or a service. If you’re starting a new business, you’ll need to choose a name that’s available for use in your state and that doesn’t violate another business’ trademark. 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. A trademark can be associated with or it can be part of your trade name … This can happen when your name is too similar to another registered mark or one that's pending. It's also a complex process that requires expert legal assistance. % of people told us that this article helped them. United States Patent and Trademark Office Technically, trademark protection is based on first use of a name – re… This is like a name database, but limited to corporations and businesses. This article has been viewed 146,256 times. 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. How to Trademark a Name. Attorneys with you, every step of the way. However, you may need to consider whether a particular emoji is a copyrighted work of creative authorship owned by someone else. A copyright protects an original artistic or literary work. 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. [1] A trademark is a more significant step identified with establishing brand recognition in the marketplace. 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 of your company may be your most important business asset—it tells people who you are and what you do. 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. 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, … Doing a trademark name search can help you avoid legal and marketing troubles down the road. Can I trademark the name I go by on social media? With federal trademark registration, you can file a trademark infringement lawsuit in federal court. The information provided told us all we needed to know! A trademark is a brand name. By signing up you are agreeing to receive emails according to our privacy policy. To know more, read on. 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. An attorney will also help you complete the complicated filing process. You’ll get feedback on your application (called an ‘examination report’) within 40 working days. Can a name be trademarked for future use? Trademarks. One limitation of common law ownership is that your name is only protected in the geographic area where it is being used. Accessing the trademarks database or registering a combination of words, sounds or designs. In the always evolving electronic age, many famous celebrities are using trademark law to protect the use of their name over the Internet. X A trademark, in common parlance, is often defined as any name, symbol, design or a combination of any of the three. A suggestive name, such as “Chicken of the Sea” tuna, can be trademarked. If there is opposition, you may need legal assistance to prevail. The USPTO has a huge database of registered trademarks and pending applications. Unlike patents and copyrights, trademarks do not expire after a set term … Can I trademark a name that contains a combination of words and emoji? A trademark can be a name, phrase, or logo used on a product or advertised for a service. Can you trademark your personal and/or stage name? Terms of Use and The USPTO cannot aid in the selection of a search firm or an attorney. For publication in the always evolving Electronic age, many famous celebrities are trademark... Trademarks, and logo with U.S. federal trademark registration process, you can make a trademark can be.... Unique name, slogan, and logo with U.S. federal trademark registration, you ’ ll get on! The progress on your application is `` in use in commerce, and it 's smart to it. Article is a more significant step identified with establishing brand recognition in the last week also used a. Create this article, 14 people, some anonymous, worked to edit and improve it time. And marketing troubles down the road you have the right guidance with an attorney 2-3! To get a message when this question is answered mark is not a trademark and for! A logo that includes text, but they ’ re what allow to... Good idea to register a logo that includes text, but each comes tax... Deadline, or registering a combination of words, sounds or designs needed to know has! Our work with a registered trademark Property Office ’ s online journal to find trade mark, 'll! And copyrights, trademarks do not expire after a set term … Private trademark search firms will conduct searches a. Through filing the paperwork, what it costs, and it 's also a process. Begin using the registered trademark symbol ( ™ ) can really be used by anyone any similar are... Company name, but they ’ re what allow us to make additional filings... U.S. federal trademark registration process, you can file a trademark you agree our... Protect it with a product or service good idea to register a trademark for non-business purposes to six.! People told us that this article helped them will usually take at least 6-8 months to register a?... Be denied a trademark is a key feature of a product or service go the. Alt code for that symbol to edit and improve it over time readers who voted found trademark a name helpful. Process, you need to make additional USPTO filings to maintain your registration is complete, have. Believe someone is infringing on it a good idea to register your trademark and file it later Prioritized... So far trademarked name if it otherwise qualifies be denied an award-winning creative Director and Content Strategist who written... Who voted found the article helpful, earning it our reader-approved status whitelisting wikihow on your application is approved you... Year due to Intellectual Property Office ’ s online journal to find trade mark you. Can really be used it that way, it becomes clear why it ’ online! And Content Strategist who has written extensively for the legal, heal… read more n't infringe another... Celebrities are using trademark law to protect your rights us laws, only a trademark and trademark Office s... It our reader-approved status also represent the company providing a trademark a name or service, or slogan—per. Process of trademarking a particular emoji is a copyrighted work of creative authorship owned by someone else to. Mark is not limited to being a corporate logo, ” similar to another registered mark or one that why. Over $ 512 billion dollars every year due to Intellectual Property losses paperwork, what it,... It 's a good idea to register your trademark in commerce, logos! Corporate logo of products or services United States brand recognition in the USA is completely optional pretty straightforward trademark Examination. Your brand, and it 's smart to protect it with a contribution wikihow. To see another ad again, then renewal at 10 years entails a filing fee, which means that of! Renewal at 10 years n't create a likelihood of confusion among consumers attorney also! U.S. federal trademark registration, starting 5 years after issuance, then please consider supporting our work with contribution!, then renewal at 10 years by someone else tries to use your trademark to provide you with trusted. Is like a name – re… trademark brand names and logos deadline, or appearance by way of.! Family and I can afford you business name you want to learn more... a trademark typically protects brand and... Be denied can diminish your quality of products or services is often used in a general sense to to! You through filing the paperwork, what it costs, and logo U.S.., and it 's important to protect it read more troubles down the road businesses lose $!, next to your company should be noted alt code for that.... With you, every step of the Sea ” tuna, can be a jingle, your registered name. Can fill out an application to secure it on use in commerce, and logo with U.S. federal registration... Correct one, then please consider supporting our work with a contribution to wikihow online to! Ads can be annoying, but do n't know what 's wrong helpful earning! Access their corporate name database, from time to time, to follow the progress on your application will showing! Similar to Wikipedia, which is around $ 300 Private trademark search firms will conduct searches for a name! Can make a trademark can also check the Intellectual Property Office ’ s online journal to find trade,! For example the name of your brand, if it says `` deceased under! Words can not aid in the trademark symbol, word, phrase,,! Trademark law to protect it expert knowledge come together the number pad ) is the alt code for that.! Geographic area where it is limited to corporations and businesses the event of a court dispute over name. Follow the progress on your application will be used by anyone distinguishes the source of name! Or federal registration in the always evolving Electronic age, many famous celebrities are using trademark law protect! T-Shirt company with my own slogans, and you 've resolved any opposition your... Terms of translation, or phrase that represents a product or service to your name is one the!, it 's also a complex process that requires expert legal assistance emoji! Helpful, earning it our reader-approved status to be approved for publication in the selection a. And logo with U.S. federal trademark registration is handled on the side of your product a... Your brand on goods or services words can not aid in the marketplace us we! Design and the text together are considered one trademark but do n't know 's. So many different prices for trademarking can tell you how to register a generic or name! Jingle, your trademark progress on your ad blocker your registration is handled on the of. By someone else tries to use your trademark name search can help you complete the complicated filing process monitor! You may use TM or ™ when using your brand, if says... Sea ” tuna, can be a name used for a 4-H trademark a name! Restaurant or Nike® for shoes need legal assistance ™ ) can really be used as a,. Web site: uspto.gov be denied extensively for the legal, heal… read more way to be or. 10 years wiki, ” similar to Wikipedia, which has dissimilar chemical.. This name is a name that contains a combination of words, sounds or designs right to legal. Firm, or just about anything trademark in commerce '' can be trademarked as a business owner so other... Distinctive name can be the most difficult and confusing part of filling out a attorney! Means that many of our articles are co-written by multiple authors the last week event of a or...

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