We will learn how to trademark a business name in this article. Read on if you want to know the exact steps.
In our current economy, trademarking your business name is more important than ever. A good name for your business can help you get new customers and make your brand known.
How to Trademark a Business Name
Let’s say a company wins a lawsuit against another company that used its trademark without permission. In that case, the court could tell the other company to stop using the trademark, pay damages, or change its name or logo.
When should you file a trademark?
You should trademark your business name when you first start it up. This will make it harder for others to use your name without asking you first.
Differences between trademark, copyright, and patent
A trademark is a word, phrase, symbol, or design that shows where goods or services come from.
Copyright is the right to make, copy, perform, show, distribute, and sell copies of a piece of work.
A patent is a legal right that the government gives an inventor or writer for a certain amount of time to protect an invention or a new way to make an invention.
What can you trademark?
You can trademark any word, phrase, symbol, or design.
How to do a “trademark search” and find out what trademarks are already in use
You will need to go to the USPTO website and sign up for a trademark search to do a trademark search. Then you can search for trademarks that are already in use.
The Trademark Database is a list of registered and pending trademarks that can be searched.
Using the Trademark Database, you can look up the name of a trademark’s owner, its serial number, and the date it was registered.
Also, the trademark’s status and the date the trademark application was filed.
Here is a business name that has already been trademarked.
I went to the USPTO website and put in the word “Worthy” because I thought it might be a good name for a new clothing line.
I chose one of the four options. When you send in the query, you will see a list of all the business names that already use the word you put in.
In my case, there are 66 clothing brands whose trademarked names have the word “worthy” in them.
How To Trademark A Business Name
To register a business name as a trademark, you must first submit an application to the United States Patent and Trademark Office. The USPTO is a government agency that is in charge of protecting intellectual property and registering it.
After you submit your application, the USPTO will review it to see if the name can be protected as a trademark.
The USPTO will give you a trademark registration if the name is good enough.
Once you’ve registered a trademark, you can use the name for your business without worrying about infringement.
But you must still be careful so your business doesn’t get mixed up with others. For instance, you should ensure that your business name stands out on your website and in all your marketing materials.
Briefly:
Sign up the name of your business with the USPTO.
Post your application to register a business name.
Pay the fee for filing.
Submit all required documents.
Wait for the USPTO to sign off on the name of your business.
Briefly:
If you can’t decide on a name for your business, you can talk to a lawyer. A lawyer can help you find names that are good candidates and give you advice on how to protect your trademark.
FAQs On Trademarking A Business Name
How much does it cost to register your business name as a trademark?
The U.S. Patent and Trademark Office (USPTO) will charge you between $225 and $600, plus legal fees, to register a trademark for your business name.
What are some things that could stop you from getting a trademark for your business name?
There are many things that could stop you from getting a trademark for your business name. Most problems are caused by:
- The name of your business is already taken.
- The name of your business says too much.
- People are likely to get confused by the name of your business.
- Your company name doesn’t stand out enough.
- The name of your business is too general.
- How long does it take to get a name registered as a trademark?
- A trademark for a business name can take anywhere from 12 to 18 months.
What should you do if you think someone else is using the name of your business without your permission?
You can file a trademark infringement complaint with the United States Patent and Trademark Office if you think someone is using your business name without your permission (USPTO).
The USPTO will look at the complaint and decide what to do, which could include giving an order to stop.
Why trademarking your business name is a good idea
It’s important to protect your trademarks when you start your own business. Here are a few reasons why you might want to trademark your business name:
1. Make sure no one steals your business name.
If someone starts using your business name without your permission, you can protect your intellectual property with trademark law. You can sue the person doing business under your name, and the court can tell them they can’t use your name to do business.
2. Make your brand more well-known.
If you get a trademark for your business name, other people will know that it belongs to you and that they can use it.
This will help more people recognize your brand, which can help you get new customers and make more money.
3. Your business name should be unique.
If you trademark your business name, other businesses won’t be able to use it without your permission.
4. Make sure your customers don’t get confused.
If the name of your business sounds like a well-known trademark, customers may not know which business they are buying from. This can lead to fewer sales and less money in the bank.
5. Protect the name of your business.
If there is bad press about your business name, trademark law can help you protect your reputation. You can sue the person or company that caused the bad press, and the court can tell them not to use your name in the future.
Registering your business name as a trademark can protect your intellectual property and make more people aware of your brand.
Keep your trademark so you don’t lose it after registering it.
If you have a trademark, you should keep it updated after registering it. Here are some ideas to help you:
1. Make good use of your trademark
Make sure you use your trademark in the right way. You should only use your trademark with the products or services you sell.
If you use your trademark in a way that has nothing to do with your business, you may be violating someone else’s trademark.
2. Make sure your trademark records are up to date.
Be sure to keep track of how often you use your trademark. This will help you find people who have broken the rules.
Also, you should keep track of any changes that happen to your trademark. If your trademark is registered with the US Patent and Trademark Office (USPTO), you must file a trademark application to change the registration.
3. Protect your trademark by registering it
You should protect your trademark by registering it. This will ensure that no one can use your trademark without your permission. The USPTO or a similar government agency in your country can help you register your trademark.
4. Keep an eye on your trademark.
Keep an eye on any actions taken against your trademark that are not allowed by the law. You can go to court to stop the violation or get your money back.
5. Hire a trademark lawyer
If someone is using your trademark without your permission or if you have questions about your trademark, you might want to talk to a trademark attorney.
A trademark attorney can help you protect your trademark and, if necessary, take any legal action that might be needed.
Conclusion
For new businesses, it is important to trademark their business name. Get it done as soon as possible.
You’ve heard everything we say, so now it’s your turn. Let us know your queries in the comment section.
