Jane Haskins is a freelance writer who worked as a lawyer for 20 years. Jane has led a variety of commercial litigation. Read More What happens if you can`t or don`t want to protect a name under trademark law? Your company name may still have valuable protections in your state. Registering your business name for a trademark offers several important benefits. In particular, it helps you: the use of TM or SM identifies to other business owners that you indicate the ownership of the label, symbol or design. However, without officially registering to protect the company`s name with the USPTO, you may have difficulty filing a lawsuit against another party if they use the same or very similar name. But what if you mark your company name? Will this prevent other companies from using it? A trademark is a word, phrase, symbol or design (or combination thereof) that identifies the source of a product or service and distinguishes it from its competitors. Trademarks may be granted on distinctive names, logos and slogans. Before attempting to register a trademark with the USPTO, you must perform a trademark search using a trademark search service or the USPTO`s electronic trademark search system to determine if someone else has registered a similar trademark for a similar type of goods or services. A notice of admission is a written notice from the USPTO indicating that a particular mark has survived the opposition period after its publication in the Official Journal and has therefore been admitted; This does not mean that the trademark is always registered. Receiving a contract is another step on the way to registration. Letters of admission are issued only for applications that have a basis for an application for intent to use a trademark under section 1(b) of the Trade-marks Act.
No. Trademark registration fees start at $250 and can increase quickly with additional classes. Challenging and defending trademarks likely requires legal services and can quickly become costly. If you decide to register a trademark, you need to perform a free basic search to make sure no one has a pending application to the USPTO for your proposed trademark (or anything near it) in a similar way. The next step is to perform a full name search to see if someone is using the name you suggested at the state or county level. It is important that you clearly identify the exact goods and/or services to which the trademark applies. Watch the Goods and Services video to learn more about how to correctly identify your goods and services. These steps will help you set yourself up for success before your website goes live. A trade name does not confer trademark rights on companies, which is a completely different process. Your business name is an important part of your brand, so take protecting this valuable marketing asset seriously. A trademark generally protects the brand names and logos used on products and services. A patent protects an invention.
A copyright protects an original artistic or literary work. For example, if you invent a new type of vacuum cleaner, you must file a patent application to protect the invention itself. You must apply for the registration of a trademark to protect the brand name of the vacuum cleaner. And you can register a copyright for the TV spot you use to market the product. Even if your trademark is registered, you must monitor the status of your registration annually through the Trademark Status and Document Retrieval (TSDR) system. It is especially important to check the status of your registration after completing any of the registrations required to keep your registration alive, including between the fifth and sixth year after the date of registration and between the ninth and tenth years after the date of registration. U.S. Customs and Border Protection prevents foreign manufacturers from importing and selling goods under the same name is an added benefit. The United States Patent and Trademark Office (USPTO), the federal agency that grants trademarks, states that “a trademark or service mark includes any word, name, symbol, device, or combination that is or is intended to be used to identify and distinguish the goods/services of a seller or seller from those of others and to indicate the source of the goods/services.” In short, brands help differentiate brands from their competitors. However, not all company names are eligible for trademark registration. The main purpose of trademarks is to avoid confusion in the market, so that protection only applies to a certain category of goods and services.
For example, if someone filed the name of their photo studio, “Best of Times,” another entrepreneur would likely be allowed to open a restaurant that uses the same name. If you use your trademark but do not register it with the USPTO, you have common law trademark protection. You may be able to prevent others from using your trademark, but only in your immediate geographic area. This can be good enough for a small local business, but it can`t help much if you have a nationwide internet-based business. A trademark is different from a copyright, LLC application, DBA, or other commercial license and certification. LLCs are a type of business that you start at the state level. Forming an LLC typically protects your company name from use by other companies registered in your state. “A DBA is a registration of a company name at the local or state level, but generally does not provide protection against competitors using the same name. A copyright protects original artistic and literary works. While copyright may apply to logos, it generally does not apply to names.
Although it is quite easy to register a trademark, you should still consult a lawyer. A lawyer can help you search more thoroughly for the same or similar names, complete the often technical and confusing application, and keep track of your application. If the USPTO approves a company name as a registered trademark, the owner has the exclusive right to use the name at the state and federal levels. A trademark prevents others from selling similar products and services in the United States under that company name. For example, if a liquor brewery named “Evergreen” wanted to register the name in the alcohol class, but also produced beer, this may require additional enrollment in the beer and beverage class. Whenever you use your brand, you can use a symbol with it. The icon lets consumers and competitors know that you claim the brand as your own. You can use “TM” for goods or “SM” for services, even if you have not filed an application for registration of your trademark. Wondering what types of protection a common law mark offers and how it differs from a registered trademark? Look no further. With the Electronic Trademark Filing System (TEAS), two filing options are available: TEAS Standard and TEAS Plus. TEAS Plus offers a cheaper sign-up option, but not everyone is eligible. To use TEAS Plus, you must use a standard description of the Brand ID Manual for your good or service.
If you write your own description, you must use the default TEAS application. It`s not easy to build a strong brand, but the potential value is worth it. A trademark helps you protect that hard work – you can take federal action against anyone who uses your name illegally, you can challenge trademark applications that appear close to yours, and you can make sure your reputation isn`t falsely compromised, through second-rate products or services provided by an imitator trying to: to benefit from all your efforts. You are responsible for enforcing your rights when you receive a registration, as the USPTO does not “monitor” the use of trademarks. While the USPTO strives to ensure that no other party receives a federal registration for an identical or similar trademark for or such as applied to related goods/services, the owner of a registration is responsible for taking legal action to prevent a party from using an infringing trademark. If a rights holder suspects that a trademark is being infringed or could be subject to future infringement, the trademark may be registered in the United States. Customs and border protection through its e-Recordation app. When registering a trademark, you or your business can register the trademark directly, or you can choose to hire a lawyer who handles intellectual property law or trademark registration for you. When an IP attorney takes over the registration, they provide additional assurance that the registration is done correctly and completely, and that a thorough investigation has been conducted to verify that the trademark has not already been registered by another person or company. Once you have registered your trademark with us, use one ® with the trademark.
You can use the registration symbol anywhere near the trademark, although most trademark owners use the symbol as an superscript or subscript to the right of the mark. .