How To Trademark Business Name

What is a trademark?

When an entrepreneur thinks of a successful idea for a service or product, he or she will attract customers who will associate the company’s name with what it provides. Thus, an emotional tie is created. This means that customers become loyal to a business and want to keep buying its products or services.

However, if a competitor becomes aware of another company’s success, they can always copy the service or product or present themselves in such a way that it confuses customers. An entrepreneur can protect their brand by hiring a company lawyer to protect from infringement.

A trademark offers proof of ownership that can be used to sue businesses that copy services or products. If the trademark is active, an entrepreneur will have legal grounds to defend what is theirs. If an individual decides to obtain a trademark, he or she can get one for their product or brand as a whole, but can obtain a trademark for a name, picture, book title, logo, artwork, slogan, packaging, phrase, signature, or character.

How do trademark a business name?

Perhaps you have noticed an ® symbol next to the name of a company. Such a symbol indicates that a business has registered a service mark or trademark with the USPTO, or United States Patent and Trademark Office. This is the agency, under the Department of Commerce, that offers significant protection through the federal government. A service marker trademark identifies a service or good through a phrase, design, color, sound, or symbol. Global companies like McDonald’s have trademarks that protect anything from their famous Happy Meal to the renowned golden arches logo.

It is not required to register your trademark with the USPTO, since once a person begins using a mark associated with their service or good in commerce, they are its owner and have limited rights over how it is used within their local area. That said, to enjoy further protection throughout the country, it is necessary to register with the USPTO for its coverage. It also extends the right to the company to use the coveted ® symbol. It should be noted that the USPTO is not responsible for enforcing trademark usage. Rather it is the responsibility of the trademark holder to take necessary action if another party is violating their rights. The USPTO does, however, prevent similar trademarks for a related concept from registering.

When applying, the first step is to assess whether the mark fulfills the criteria of a legitimate trademark. Every market is proposed will be assessed based on their uniqueness and the degree to which they can be protected. The USPTO offers a number of videos that go into the specific requirements that must be met to secure a trademark. An applicant needs to figure out the mark format and pick out the service or good that is assigned to the mark. They should also look over other trademarks on the trademark electronic search system to make sure that their mark will not be confused with another.

After gathering this data, it is possible to fill out the application. There is an online application offered through the USPTO with a standard fee of $250 per application. This application covers a single mark. After the application is submitted, the applicant has the responsibility to check their application status. An attorney from the USPTO will look over the application and assess whether it satisfies every requirement. If the trademark lawyer believes that a mark should not be registered or they wish to have additional information, they will give the applicant an office action letter. The applicant will have to respond to this letter within six months from when it is sent. Once a complete review has been conducted, an applicant will receive a denial or approval of their application.

If the application is denied, there are a number of procedures to seek redress available to the applicant. That said, if a mark is approved, it is published in the digital trademark Official Gazette. Importantly, the mark has not yet been registered, and is instead subject to a 30-day wait., during which a member of the public can expressed their opposition via a notice of opposition. This would start a legal proceeding with the TTAB, or Trademark Trial and Appeal Board. If, during the publication period, no one opposes the trademark, then the application goes on to the next step of the registration process. Notably, it still has not been registered. It may take three to four months for an applicant to receive the official notification that their trademark has either moved on to the next stage or has been registered.

If a trademark is approved, an applicant will have eight weeks to submit either a statement of use or an extension request. At this point, the USPTO will make sure that the statement fulfills the minimum filing requirements prior to issuing a registration. Maintenance is also required for trademark registration, so owners should keep track of their registration status every year to make sure that any documents are filed on time. As a whole, the registration process usually takes between 12 to 18 months.