A trademark or service mark is anything that is used or meant to be used to distinguish one seller’s or provider’s goods or services from others and show where those goods or services come from.
You need to know what the United States Patent and Trademark Office is looking for when filing for a trademark since the procedure might be confusing.
Creating a unique company name is one of the most exciting aspects of launching a new business. Protecting your brand’s reputation with a trademark registration is a wise move.
This grants you exclusive rights to use the name of your product or service as a trademark for the goods and services that the mark is registered for, notifies the public of your trademark ownership, and prohibits others from utilizing or piggybacking on your brand.
Before applying for trademark registration, here are some things you need to know about trademarking a name and how to go about it.
What Exactly Is Common Law Ownership?
It’s termed “common law ownership” because, as soon as you start selling your product or service, you own it without needing to register it. However, the scope of common law rights is limited.
Your trademark is only protected if it is being used in the geographic region where it is registered. When you register your trademark with the United States Patent and Trademark Office (USPTO), you get protection all over the country. This is very helpful if you want to sell your goods or services to people nationwide.
Trademarking a Business Name: How Much Does It Cost?
In the same way, common law ownership only provides limited protection in the case of a judicial disagreement over the use of your name. Federal trademark registration provides additional causes of action in federal court. If you register your trademark right away, you have a better chance of being able to protect it.
How to Apply for a Trademark?
- You must apply to the US Patent and Trademark Office (USPTO) to get your patent.
- The trademark owner’s name and address
- It’s the name that you’re trying to keep safe.
- Products or services you want to market under your name.
If you’ve already begun using your name in the business, you may claim “in commerce.” Alternatively, if you have not yet used your name in commerce, you can file under the “intent to use” provisions as the foundation for your application.
Your name is in use on an item such as a label or box if you are filing on the premise of commercial usage (if you file on an intent-to-use basis, you will provide this later).
What are the most common grounds for denying a trademark application?
You should know a few things to help your trademark registration succeed.
- Trademarks may only be registered for commercial reasons. Brand names now being used or to be used in the near future can be trademarked.
- There is no way to get a generic name trademarked. To be granted, a trademark name must be at least descriptive—the more unusual and unique, the better.
- There’s no way the name could lead customers astray. If your name is too close to a trademark that has already been registered, you are unlikely to be granted a trademark. Consumers may become confused when they see identical trademarks on products and services from different companies. Every trademark application must thus specify the kind of items or services the brand will utilize.
A Search for a Trademark Name Necessary or Not?
It is essential to do a trademark search before submitting an application or spending money on a company name. Before filing, you must attest to having a good-faith belief that you are entitled to exclusive rights in the mark that you seek protection for.
The United States Patent and Trademark Office (USPTO) maintains an enormous database of trademark registrations and applications. You may find trademarks similar to yours by doing a simple search. If your application is turned down because it might be confused with an already existing trademark, the search results may let you know.
Trademark databases, company directories, and the internet are used in a more extensive search to uncover other names similar to your proposed trademark name. Avoid legal and marketing headaches by doing a trademark search now!
Is this what you’ve been looking for?
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