trademark my business name

5, Consider hiring a trademark attorney. A trademark is the exclusive right to use a brand name, logo, or tagline. A registered trademark will give your business exclusive rights to use your business name and it allows you to enforce your trademark in a court of law should someone else be trying to use the same name. A trademark gives you exclusive rights to your business name on a national level, connected to the specific goods or services you'll be selling under that trademarked name. After all, your name is the foundation of your entire identity. If you don't have a trademark on your name, someone else can research the United States Patent and Trademark Office (USPTO) database and find an available name. The easiest and least expensive way to . Your trademark essentially tells others that your products, name, and logo are your own and that you have the right to exclusively use them for your services and products. Trademark Planet's fully automated self-service online trademark registration platform allows you to do this quickly and easily yourself, in 3 simple steps, whenever you want and wherever you are, without the hassle and expense of using a lawyer. Your business name is among your most valuable assets. Here are some additional benefits of trademarking your business name: Transfer of Trademark Ownership/Change of Registrant's Name - Form to be used when ownership of a registered trademark or service mark is transferred, or when a registrant's name is changed during the period of registration. When you register your business name as a trademark, you get an exclusive right over its usage throughout the nation with respect to goods and services it applies to. Company names and logos are not the only things you can trademark. A trade mark is not the same thing as a company name, business name or domain name. A trademark may be placed on a label, a package, a voucher, or on a product. A certified copy of any file may be obtained by sending a written request to the Trademark/Servicemark office, Rm. Or there is not another that is extremely similar to yours. Identify your mark format. If your business sells products, you may wish to register your business name for trademark as well as your products. Conduct a trademark search. This is the cost to submit your trademark application to the USPTO. Without it, you wouldn't have the cornerstone required to build your . Be Protected by The ACPA. When these marks are registered with the United States Patent and Trademark Office, they are called trademarks. Trademark registration in the U.S. is rather complex, so be prepared to either hire an attorney or dedicate a lot of time to thorough research. With a registered trademark, your brand has state and federal legal protection, preventing other companies from using the same name to sell a similar good or service. You can stop copycats from stealing your name and forcing you to rebrand. Step 1: Determine whether you need a trademark If it is, your application will likely be denied. I recently started a YouTube channel but haven't created any videos yet because I plan to sell merchandise with my logo such as t-shirts and such. To do the search, go to the USPTO website, navigate to the TESS search page, and type in your search terms. Namely, once you trademark a business name you have federal recognition of your ownership of the trademark. The application can be completed quickly, but the entire process can take several months. A trademark can be any of the following: Logos. But it gives you stronger legal footing if any issues come up in the future. For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO). This is another reason why it's crucial to trademark your business name when you're filing the formation paperwork. Business name registration vs. trademarks, A trademark for your business name should not be confused with registering your business name. Decide if you want a trademark (or servicemark for a service) Hire an attorney or do it yourself. The first step to trademarking your business name involves research. Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows. Set up your USPTO.gov account . A trademark is a legal symbol that protects the mark of your trade. Registering a trademark gives a business protection for its use in the U.S. A trademark identifies the source of a product or service. The most recognizable marks should be protected first. View trademark fee information . Can Someone Trademark My Business Name? Identify goods or services associated with your mark. From business and product names to logos and labels, you can trademark them all with the U.S. Patent and Trademark Office (USPTO). Trademark application, File the application online through the TEAS. Here are 10 considerations for trademarking a business name: Prevent Confusion in The Marketplace. Registering your business name as a trademark is essential for making sure no one else comes along and takes advantage of the hard work you've done on your branding by copying your name outright or using something similar. Start with a free search to make sure no one else has a pending application with the USPTO for your proposed trademark. Take note of the search results as you did in the previous step. Less Priority if You Are Still Figuring Out Your Brand. The more visible the company name, the greater the need for a trademark. The U.S. Patent and Trademark Office (USPTO), the federal office that grants trademarks, explains that "a trademark or service mark includes any word, name, symbol, device, or any combination . The first step in trademarking a product name is to search the US Patent and Trademark Office's (USPTO's) Trademark Electronic Search System, which is commonly referred to as TESS.Search your desired product name to ensure that it's not already in use by another business or individual. The initial registration lasts for 15 years, and it's easily renewable thereafter, so long as you keep . Protecting your trademark can really pay dividends. Generally speaking, you must apply for trademark registrations to your business name, logo, slogan and designs one after the other. A trademark search will help you identify any potential conflicts before you apply for a trademark. You acquire a trademark by using your mark in commercein other words, using it when you conduct your business. Instructions. They can then trademark it. Trademarks are given by the U.S. Patent and Trademark Office (USPTO) and cost around $300. A trade mark is a way of identifying a unique product or service. If your reputation is important to you, then you must consider trademarking your business name. Note: The application fee is a processing fee. Respond to an office action, Select goods & services in ID Manual, Verify your identity, Protect against scams, What to do if scammed, Understanding filing firms, Administrative orders process, Watch out for counterfeit goods, Maintain your registration, How to Trademark your Business Name. The short answer isin theory, yes, but in reality, no. The ultimate goal of trademarks is to protect consumers from brand confusion and be tricked into buying an unintended product. A trademark is a word, logo, phrase, symbol, or design (also referred to as a "mark") used to distinguish goods or services. Here's how to Trademark Your Business Name Step 1. Step 2: Perform a Search. A trademark is a kind of intellectual property (IP) made up of a recognizable design, sign, or expression, identifying a business' products or services from those of its competitors. If your business has both a brand name and a logo, you are not required to register them with the United States Patent and Trademark Office. Next Section. Search First, you need to search the federal database to ensure the name you want. 15 U.S.C. Here is the full application process for registering your trademark. Choose a mark. Over time, your customers affiliate your brand along with your company, as Nike has with its swoosh and McDonald's has with its arches. It means that you are the only one who can use your brand name, logo, tagline. The marks that a business uses in the course of conducting its business include the business name, logo and slogan. Fair warning: The process can be quite time-consuming because anyone can register a trademark, which means the database is pretty big. Secure Your Business for Growth. Protect your business name from infringement. The process of trademarking your business name starts with a search of the USPTO's trademark database. I plan to monetize the channel with Google Adsense as well. 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. The basic cost to trademark a business name ranges from $225 to $600 per trademark class. Set up a USPTO.gov account. If your products have a unique name, you also may opt to trademark them if those product names meet trademark eligibility requirements. Rev. Realize That You Can't Use Any Business Name You Want. Also, each trademark application is limited to one trademark. This means you can sue a trademark infringer in any court in the United States. Check to make sure it isn't already claimed by someone else. Use the USPTO tool, Trademark Electronic Search System (TESS), to find out if anyone is already using that name, design, or phrase. .If there is a trademark in place for his or her company and someone else created a new entity with the same name, this owner can pursue a legal claim and contact a lawyer for a legal remedy. Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. As your brand grows, and public trust increases based on your good business practices, the value of your symbol, slogan, logo, or image increases. Trademark registration process 1. The Secretary of State's Office investigates the possession and distribution of counterfeit goods and the fraudulent use of registered trademarks. 8-99 (# of pages - 2) (Word, PDF) A trademark can also indicate a certain quality, price, or other important characteristic that you want your customers to identify with your brand. You must send details of your trade mark and the goods or services you want to use your trade mark on to the Intellectual Property Office ( IPO ). You can trademark product names and labels as well. It also means that the trademark will show up in an internet search. To fill out the application, you'll need to have the following information on hand: Business name Name, logo or design to be protected Your name How the name or logo is to be used Owning a trademark also has the benefit of protecting against foreign products in the US, making it easier to secure international rights. 217-714-8558; info@jckinglaw.com; Linkedin Facebook-f Twitter Instagram Youtube. 2. You can register a trademark for your business name, logo, slogan, design, or any other entity that factors into the brand identity of your company. Registering a trademark for a company name is pretty straightforward. Please mail the completed Application to Register a Trademark together with the filing fee and three specimens of the mark to: New York State Department of State, State Records, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001. 2. You can send your application online or by post.. Trademarking your business name helps protect the business in every jurisdiction that you do business in. Relative to the registration of trademarks and service marks, a trade name is "any name used by a person to identify his or her business or vocation." ( 45 of the Act, (15 U.S.C. How to Trademark a Product Name Step 1: Search the Federal Database. What happens if someone trademark your business name? Only businesses that have registered their trademark with the USPTO can use the registered trademark symbol, (), and enjoy full, immediate legal protection against infringement. Trademark a Business Name, Logo or Phrase, 5465 Legacy Drive, Suite 650 Plano, TX 75024 , (847) 681-6000, Home, Trademark Registration, Registration Overview, Why Register a Trademark, What is a Trademark, How It Works, FAQuestions, Order Now, Trademark Search, Trademark Search Overview, Benefits of Trademark Search, Common-Law Sources, A trademark is a legal mechanism that protects other businesses from using your name, slogan or mark for marketing or selling their goods or services. To be clear, you don't necessarily need to trademark your name to have trademark protection. Once you've found a preferred business name and done the appropriate search as outlined above, you'll need to file a trademark application. CIPC administers the Register of Trade Marks, which is the official record of all the trade marks that have formally been applied for and/or registered in the Republic of South Africa, since 1916. Two drawbacks to not registering, says Jeremy Bisdorf, an intellectual property attorney at Jaffe Raitt Heuer & Weiss in Southfield, include: not knowing if . The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov. For example, the name "Nike" and Nike's "swoosh" logo both represent Nike's . A trade name is used to identify the business, vocation, occupation, or profession. Trademark/Servicemark searches also are available by calling 217-524-0400. How do I apply using the Trademark Electronic Application System (TEAS)? Of course, as a trademark lawyer, I would hope to help you resolve the conflict short of going to court but it will always remain an option when you trademark . You'll also need to pay the registration fee, which costs somewhere between $250 and $350 depending on the kind of trademark and your business type. By trademarking your business name, you brand the face of your company. This will help you to make sure that your proposed trademark is available for use. Finally, it allows you to use the symbol near the trademarked name, symbol, or unique mark. Subscribe. Business names, product names, logos and labels can all be trademarks. An individual, business or some other legal entity may own a trademark. Determine your filing basis. 330 Howlett Bldg., Springfield, IL 62756. Having a good symbol, slogan, logo, or image also increases the value of your business. Please contact the Investigations Division at 803-734-1728 or investigations@sos.sc.gov with any information or complaints concerning trademark and counterfeit goods violations. 1127)) Therefore trade names can be the names of corporations, limited liability corporations, partnerships, associations, government agencies and non-profit . Trademarks and Ser vicemarks booklet. Not only is it a valuable property asset, but it's also your brand, your reputation. Trademarking your company's name is not as simple as filing for an LLC and may take more time than you imagine. A trademark is a business asset. Step one: check trademark eligibility To trademark your business name in the UK, you must first learn whether your trademark is eligible by checking your name against government guidelines. However, perhaps the most valuable asset to cover of all is your company name. Even if you are not required to do so, registration can be helpful for fending off . Follow these steps to claim your unique trade name in the U.S. 1. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. Applications can be lodged in 45 different classes, depending on the goods and/or services for which the trade mark will be used. Once you've determined that the trademark is available, you can file an application with the USPTO. Protect your business name with a trademark. Should I trademark my business name and brand? You can trademark anything from your logo to your tagline. section 1127, the intellectual property law in the United States, defines trademark as:. When you're filing for a trademark, it's important to note that you can trademark more than just the word or words that make up the name of your company. TRADEMARK PROTECTION. If someone starts using your business name without your permission, trademark law can help you protect your intellectual property. any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. It can protect a: word, phrase, logo, letter, number, symbol, sound, shape, image, scent. #2 - Run a Trademark Search, Now it's time for you to run a trademark search. Sell With Amazon on Their Brand Registry. Generally speaking, a trademark protects a word, phrase, symbol or design that identifies an individual's or entity's brand. The time, money, and effort spent on building your trusted brand could be lost if another businessownereither by-accident or purposefullytrademarks your name. The reputation you have established is associated with these different brand elements - your name, logo, and tagline - and the reason why people buy from you. If the other business has a trademark, the current owner can infringe upon this legal protection by using the same company name. That will protect the company against those wishing to piggyback on its success. U.S. Small Business Administration 409 3rd St, SW. Washington DC 20416 Please be advised that although every effort has been made to reproduce the current text of the Maryland Code for these sections, this office does not warrant the accuracy of this content. In this section, we guide you through the process of trademarking your business name in the UK step by step. Companies can use the registered trademark symbol to publicly declare their rights Companies should view trademarks in terms of priorities. Note that specimens may not be larger than 8.5" x 11". You can start the trademarking process on the U.S. Patent and Trademark. Trademarks provide the human brain with quick shortcuts. This is the main reason why a lawyer would encourage you to consider registering your brand name even if your business is a tiny one that operates in a small neighbourhood. Here are some benefits of trademarking your business name: 1. A TESS search uses the USPTO's record of registered trademarks (and applications ) to search for your company name. A trademark can be any name, symbol, design, sound or any combination of these elements that describes your business and distinguishes it from others. Corporations, limited partnerships, and LLCs often are required to register the business with a state or federal authority. However, you can have exclusive rights to your business name by protecting it with a trade mark. You can begin the trademarking process by visiting the website of the United States Patent and Trademark Office. Registration gives you Canada-wide protection for your rights. Trademarks, service marks and trade names may be renewed . Once you gain ownership of your trademarked business name, you have legal ownership of the mark with the right to use it throughout the United States in reference to your products or services. As a business grows, registering a trademark protects a name or brand from intellectual property theft or misuse. The Trademark Unit is also responsible for the registration of various other filings, such as container brands, which could be a name, mark or device impressed or produced on a container (California Business & Professions Code section 14425), laundry marks (California Business & Professions Code section 14480), and the names of farms, ranches . However, there are several benefits to doing so. 1. This name is a key feature of your brand, and it's smart to protect it with a registered trademark. What are the benefits of trademarking a business name? To access the Trademark Electronic Application System (TEAS), you need to log in to a USPTO.gov account with two-step authentication. It tells consumers what company or individual is behind what they are buying. Please include the Name of the Mark, the Registration Number and a $5 fee payable to Secretary of State by check . What are trademarks? However, the name I created for my channel is apparently trademarked when I looked it up in the database. Statutory Authority: Business Regulation Article, 1-401 et seq.. For more information call (410) 974-5521 or email . To be eligible for trademark registration, your business name has to be distinct . Once you have your trademark, start using your business name of your products, services, and advertising immediately. Don't leave it until it's too late and some else copies your 'masterpiece'. Words or phrases. You will first want to search through the Trademark Electronic Search System (TESS) and review current trademarks to make sure your name or logo is not already trademarked. You can register with most states for $50-$150 if you don't want protection outside your state. Whether or not you should apply for trademark registration depends on a variety of factors. A trademark identifies the source of goods or services. A brand can be represented in various ways, including a business name, a catchphrase or a stylized image. Registration. First, go to the United States Patent and Trademark Office (USPTO) websiteand follow the instructions there. Assure Consumers of Your Authenticity. Trademarks, service marks and trade names may be registered by submitting an application for registration, three specimens and the registration fee. The effective term for mark registrations is five years. Score: 5/5 (15 votes) .

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