How to Trademark a name

how to trademark a name

Everybody should know how to trademark a name before starting any business or company. According to United States patent trademark office, a trademark contains any word, sign, name, or any kind of abbreviation which identifes and separate the goods or services of a vendor or provider.

This trademark will use to indicate the source of goods and sevices. We all know how important its name and own logo are for a business or organization. The first and integral part of a business or organization is a valid trademark name. Your product or service must have a registered trademark name for it. A certain interesting name and logo have a lot of big role behind the success of your business.

It sets you apart from other competitors by carrying your own characteristics. Informing everyone about your product or service can build trust. An eye-catching trade name for your product is easily able to occupy a distinct place in the market. A unique trademark name can be the key to your successful business. Many also trademark their own name. Especially various famous people use it to protect their identity. In today’s discussion we will learn how to trademark a name or trademark a symbol.

Trademarks are generally of two types, namely goods and services.

TM i.e. trademark is commonly used in the case of products. It identifies the products and confirms which company or individual it belongs to. However, it must not have been previously registered with the United States Trademark Office.

SM or service mark on the other hand is usually used for services. It also confirms which service the company belongs to, but it must also be unregistered with the United States Patent Trademark Office.

How to Trademark a name?

If a name or logo is used for a business, it is considered an intellectual property. This intellectual property is called a trademark. It is wise to start your business or organization with a name and trademark registration for your product or service as soon as you start. You can apply for registration by specifying the name you are considering using. Because if someone has already used your chosen name, you can no longer use that name for your business or organization.

You must use a name or logo that is not previously used to own your business trademark name. Most of the people dont know how to trademark a name. You must then file an application with the United States petent trademark office (USPTO) for trademark registration of your chosen name. They will monitor your application to see if your requested name or logo is 100% unique.

Any kind of slanderous or ugly mark, mark contrary to any existing law, mark that is deceptive or misleading, similar mark, mark that can hurt religious feelings, name of any country, international organization or office, monogram ,Maps, flags, any symbols compatible with the national symbol, chemical products, etc. cannot be applied for.

Any additional explanation in the trademark name or description of the service may increase the likelihood of your application being rejected. So refrain from using anything that is too literal or too descriptive. It is best to find a unique name for your brand that can easily attract customers to your brand. You must pay attention to the spelling of the name along with the difference in the name. Using any misspellings may deprive you of ownership of your trademark. To do your brand diffrent you have to do a trademark search.

One of the most important things you can do to become a trademark owner is to have a legitimate business or organization. However, there is a difference between trading in the name of a person and trading in the name of a business. Of course, an ordinary person can trademark in his own name if he wants, but for that he must have a business. Moreover, the USPTO does not allow trademarking of one’s own name. Famous people use trademarks in their own name. There you can see how to trademark a name.

Why is a registered trademark required?

In this competitive marketplace everyone wants to take their brand to the top. A trademark with a unique logo or strong name is very important for your business. It can be said that it is a valuable asset of yours. This trademark will set you apart from other competitors. It will make visible how reliable the quality of your product is compared to others. Your trademark carries your own dignity.

Gives your customers a clear idea of ​​the product as well as builds a long relationship with them. Which makes your buyers interested in delivering products from you for a longer period of time. This will allow your customers to bring in more customers later. It is important for you to know that just as trademarks are used to protect your business, they also play an important role in promoting your business brand.

The United States petent trademark office assigns you its ownership by registering your trademark with full responsibility. You can store any information related to registration under them. Here you can find out the status of your registration and the answer to any question starting from the registration process.

In the United States, however, you will have the opportunity to register a state-based trademark or federal. A state-registered trademark only protects its symbol from being infringed within that state. However, a federally registered trademark provides protection throughout the country. Only if you do business with other states or internationally will you get this opportunity. And if your ecommerce platform is in countries outside the provider’s borders

Can transact, but by visiting it you can get protection for a federally registered name or logo.

Find your existing trade marked name

It is important to note that your trademark name is absolutely unique. If you want to search for a unique trademark for free, you can search from the USPTO’s electronic search engine or use TSS. When you trademark your own name, it’s easy to find out if the name is unique. But finding trademarks in business has become quite complicated. As a result, you have to go through a lot of detailed research to get a unique trademark. 

The main purpose of your search will be to match the name and logo of your business product or service. Because the trademark will represent your product or service. Therefore it must be related to each other.

In many cases, trademark suggestions may not be identical, but may be similar. For example, the searched names may look the same or the logos may look the same. The USPTO also uses “T.Markey” and “T.Markey” as two examples to describe these same names. When you check the results for a trademark search, be sure to check the alternate spellings and the word as well as the exact match.

You must accept the alternate result when searching for a trademark on USPTO. You need to apply for registration by selecting a trademark that is compatible with the products and services you provide. Most of the time the names come up in the same way when looking for a trademark of the same product.

For example, if you supply clothing, electronics, shoes, accessories, national products, then it is difficult to get a uniform trademark of your goods. However, previously registered trademarks cannot be used in any way. That should be checked beforehand. Again, if you plan to use a design or logo for a trademark, you must use the USPTO’s Design Code Manual to search for that logo. You must uncheck the design code you selected from the Design Search Code manual.

When searching for a trademark, discard the same or similar results separately. This will make it easier to create a list of similar or identical symbols. At the same time, they will have a clear idea of ​​the type of product or service for which the trademark is already registered. This is very important to know how to trademark a name.

A TSS search will allow you to search multiple times. However, in this search you will not automatically find identical terms that look different from other competitors or carry different characteristics for your trademark.

This means that to search for similar symbols, you need to review multiple variants of your chosen name and run multiple searches to get different results. For a correct name, you need to continue searching more than once so that the word in your name is not someone else’s registered word. This way you can find a unique trademark. 

How to apply for the USPTO trademark registration?

You must apply for registration according to the type of product along with the registrar of the United States Patent Trademark Department. Trademark application is necessary for your brand. Applications can be filed at the United States petent trademark office websit www.uspto.gov . Once your trademark application has been delivered to USPTO, you will have to wait a while for their approval.

The required application fee is to be submitted along with the application. The registration fee will depend on the type of product or service for which registration has been requested. But first you have to write in the application which category of your product is according to the international classification of products and services.

Your application will first go to a tester. He will review the identities of all registered trademarks. And then it will make sure that the sign you want to trademark is not being used by anyone before registering.

 If the application is defective or objectionable, it will be informed in writing. You will have the opportunity to respond and hear. If the answer is not satisfactory your application will be rejected. The application will be declared abandoned even if you do not reply within the stipulated time.

The time it takes for these thorough review processes to take place confirms how important trademark protection is to government. And when this process is over, it is very important for you to keep your sign safe.

The reviewer attorney review process can take approximately six to eight months to complete. Once you have processed the trademark you requested, you can claim legal ownership of it. The government will then grant you the status of your trademark registered and your trademark will then be suitable for use and application. 

Costs of trade mark registration

You can submit your trademark registration application using TEAS or online via the Internet. You can also submit paper applications to USPTO. Although they accept paper applications, they prefer TEAS or electronic applications.

Depending on the type of file you apply for, the trademark fee for the product or service of electronic applications is determined. Fees are currently $ 225– $ 400 for each category of product or service. However, if you have submitted a paper application for trademark registration, its current price is $ 600 per class of product or service.

Again if you want to use the same name or logo for multiple categories of products and services, you will have to pay a separate fee for all of them. For example if you use one mark for both your clothing and shoe brands you will have to pay double filing fee. If for any reason your trademark registration application is finally rejected, you will not receive a refund. It is completely non-refundable.

Trademark Faq

What does a name trademark mean?

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A trademark is the brand name of an organization, business or product. A trademark or service mark indicates information about a person or organization’s products and services. A word, name, symbol, device, or combination is used to identify and distinguish a seller’s product / service from a buyer or supplier and to indicate the source of the user.

Is trademark registration free?

You will not be able to register any trademark for free at the United States Patent Trademark Office. However you can use some common rules for free for your business startup time. The advantage of using the general law trademark is that it is available for free and you do not need to do any extra work to fill out the forms.

How long does a trademark last?

The trademark lasts for at least 10 years.

The term of the federal trademark is 10 years. It has to be renewed after 10 years but the USPTO requires that within the fifth to sixth year of the date of registration, the registrar must submit an affidavit. Which indicates that the use of the symbol is still permanent. Registration is canceled if no affidavit is submitted.

When should my name be trademarked?

In the United States, it is important for a business to acquire the right to a common law as soon as it starts trading. This means that as soon as you start selling a product or service, you must officially register the U.S. trademark with the U.S. Patent and Trademark Office (USPTO). So you can claim common law ownership of the trademark

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