Last Updated on 1 month by Komolafe Bamidele
The process of applying for a Trademark Business Name can be complicated.
The U.S. Patent and Trademark Office (USPTO) application may be relatively comprehensive, and there is a lot of legal terminology to learn.
Register any names your company uses to protect your exclusive right to use a name.
All the information you require to trademark Business Name in 2024 is provided here.
What Is a Trademark?
A trademark is any term, phrase, symbol, and design that identifies and sets one party apart from another as the source of their goods,
according to the U.S. Patent and Trademark Office (USPTO).
Businesses may protect their brand names with trademarks, and registering a trademark ensures these rights can be verified and upheld.
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Why Do You Need a Trademark Business Name?
Important assets you want to keep protected against other businesses using your name, goods, or other intellectual property as a springboard for their brand reputation should be trademarked.
Trademarks keep rivals from stealing your business by preventing them from utilizing your brand identity.
The worth of a trademark cannot be quantified, but it can. For instance, the value of Google’s trademark is $44.3 billion.
It’s advisable to trademark your work to avoid developing a brand just to discover it has already been used by someone else.
Types Of Trademarks
Trademark registration comes in a variety of forms. These include general, descriptive, suggestive, imaginative, and arbitrary marks.
Unlike generic marks, descriptive marks add a business-specific characteristic to help consumers associate them with the brand filing.
A figurative mark implies product or service features.
The Microsoft logo, which most people recognize, suggests things but doesn’t explain them.
Apple’s Apple with the bite is an arbitrary mark since it looks like one thing but doesn’t reflect it.
We all know that means IT business, not apple orchard.
One last mark is the service mark. The above marks reflect products and services. However, this just represents services.
An electrician or firm with a damaged lightbulb emblem is an example. This would indicate the company’s electric service repair service.
How to Register and Trademark a Business Name (Step By Step)
Step 1: Search the Federal Database
Searching the Trademark Electronic Search System (TESS) of the US Patent and Trademark Office (USPTO) is the first step in trademarking a company or brand name.
Make sure the trademark you want isn’t used by someone else or a company by searching for it.
For a brand name search, TESS’s “Basic Word Mark Search (New User)” will probably be your best bet.
Step 2: Prepare an Application
Filling out an application is almost as important as avoiding name or phrase reuse.
Application preparation takes a lot of work. Application preparation requires these details:
- Organization filing trademark application name, address, and confidential information. This might be a person or business. Companies with headquarters outside the US must hire lawyers to complete this process.
- The name that you wish to keep secret. Registering a name in a specific color, style, or typeface can only protect that depiction of your name.
- Products and services the brand will provide. You must describe and classify your product or service. Registering your trademark in several classes costs more. Use the USPTO Trademark ID manual online to find your class.
Money is allocated based on class registration and filing status. The application must be signed and dated.
Step 4: File your Trademark Application
Complete and submit your trademark application to TEAS.
TEAS Standard is required if you describe your mark’s trademark class yourself.
File using TEAS Plus to save on filing expenses if you utilized a Trademark ID Manual standard description.
A government patent attorney reviews your application after filing.
An “office action” letter will explain why your mark was denied if they detect a problem with your application.
Your mark may be too similar to another federally registered trademark, misdescriptive of your goods or services, or your proof of usage was insufficient.
Before your application expires, you usually have six months to address errors.
If accepted, your Trade mark will be published in an online journal so others can dispute your registration.
If someone disagrees, you’ll have to appear before the Trademark Trial and Appeal Board, so employ a trademark attorney.
If your mark is used after three months without resistance, congrats! Your trademark is registered.
Until you prove mark usage, the USPTO will issue a Notice of Allowance (NOA) if you filed “Intend to Use.”
Limitations of a Trademark
There are several restrictions on trademarks. Notably, the USPTO does not enforce trademarks despite registering them.
As the trademark owner, you must track down and prosecute trademark infringers.
Although there are ways to register trademarks overseas, a U.S. trademark only protects your name within the country.
A trademark expires after ten years if it is not renewed.
Trademarks are not federal tax registrations and cannot replace state company registrations.
Furthermore, a trademark protects your name exclusively when used for the categories of products and services specified in your application.
You must submit a new application for additional products or services.
Trademark Registration Services
Incfile is an organization that provides access to LLC filings in addition to other legal services within the business filing industry.
The beginning price of their pricing structure, which includes filing costs, is $299, which is lower than that of their competitors.
On the other hand, their plans need support for live chat, which may be a concern depending on the required services.
In addition to helping with trademark applications, Rocket Lawyer provides a wide range of legal services; their trademark plans begin at $99 for nonmembers and $499 for complete services annually.
They also offer legal services, LLC, business filings, and one-on-one lawyer interactions.
They could be ideal if you need more legal support or services, but their costs might be prohibitive for first-time business owners.
You must pay extra for certain services.
Owning a trademark is not a requirement for operating a business.
On the other hand, this safeguard for intellectual property might keep rivals away from you and your company.
By filing, you stop an opponent from profiting from your company name.
If feasible, trademarking your intellectual property may help you grow your company, protect you from legal trouble, and set you apart from rivals.