How To Trademark A Name

How To Trademark a Name
Written by: - Phil Baker

Trademarking a name might seem like a daunting task if you don't know where to start, but the process isn't as complex as it might seem. 

With this in mind, we are going to be looking at what steps you need to take to go about trademarking a name without giving yourself too much of a headache! 

We are also going to have a look at trademarks in general as well as how they work. Let's get started.

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What is a Trademark?

A trademark is essentially a word or phrase that identifies your product and/or service. It can be anything from a name to a logo to a slogan, and it is used to distinguish one company from another. A trademark is owned by the person who created it, and it gives them exclusive rights over its use. 

For example, Nike owns the rights to the Swoosh design on their shoes. They own the right to use the mark for any purpose, including selling products with the mark attached. This means that other companies cannot sell similar products under the same mark. If someone else tries to do so, then they could face legal action. 

The owner of the mark has the right to prevent others from using the mark. In order to protect their trademark, owners must register it with the United States Patent and Trademark Office (USPTO). Once registered, the trademark becomes an official part of US law.

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How Does a Trademark Work?

Trademarks give businesses protection against competitors who may try to copy them. When someone uses the exact same words or phrases to describe their goods or services, it can cause confusion among consumers. Consumers may assume that the two products are related because both use the same or similar words. This can lead people to believe that the products are actually made by the same company. 

To avoid this, businesses should make sure that they only use trademarks that are unique. This way, customers won't confuse the products with each other. As long as the business uses a different trademark for every product, there shouldn't be any problems.

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How Do You Trademark a Name?

The first thing you want to do when trying to trademark a name is to find out whether, or not, it is already being used by another company. 

There are many ways to search for trademarks online, but the best place to begin is by searching Google. Simply type in the name of the company along with “trademark”. This will bring up all the results for the term. Most of the time, you will see links to websites that list all the trademarks that are currently available. However, some of these sites may charge a fee for access to the information.

Once you've found the trademark that you would like to use, you'll need to register it with the USPTO, or the United States Patent and Trademark Office. This is done through this website

On the home page, click on the link titled “Register a Mark” located in the top left corner. Enter the name of the trademark into the box provided, and select the class of goods or services that it applies to. Click on the “Search Now!” button to enter the name into the system. After entering the name, you will receive a confirmation email telling you if the trademark was successfully added to the database.

If you have more than one trademark, you can add additional marks at any time. Just follow the steps above, and repeat the process until you have filled out all the boxes. Don't worry about filling out everything perfectly; just make sure that you provide enough information so that the USPTO knows what the trademark covers.

After registering the trademark, you will need to file a document called a Certificate of Use. This form lists all the trademarks that were submitted during the registration process. You will also need to fill out a Declaration Form, which provides information about how you came up with the idea for the mark. The USPTO will review both forms before granting approval. Once the documents have been approved, you will receive an official certificate from the USPTO.

After receiving your certificate, you will need to pay a filing fee. Depending on the type of trademark that you filed, you may be required to pay between $250 and $1,000. If the trademark is considered a Class 1 trademark, then the fee is $2,500. For most companies, however, the cost is much less than this amount.

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What Do You Do If Your Trademark is Rejected?

If your application has been rejected, you can appeal the decision. This means that you will need to submit new documentation and arguments to convince the examiner why the trademark should be allowed. In order to appeal, you must send a letter explaining why you believe that the trademark should be accepted. The letter needs to include:

  • A description of the product or service covered by the trademark.

  • An explanation as to why the trademark is unique.

  • Information regarding the origin of the mark.

  • Evidence that the mark is still being used today.

The appeals process takes anywhere from 30 days to six months, depending on the number of applications that are pending. When the appeal period ends, the examiner will either approve or deny your request. If they reject the trademark, you will get a rejection notice informing you of their reasoning.

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What Does a Trademark Do For a Business?

A trademark gives businesses protection against competitors who might try to copy their products. It prevents others from using similar names to market their own products. In addition, it helps prevent people from confusing the products with each other, which can lead to lost sales.

 

How Can I Protect My Trademarks?

There are several things that you can do to protect your trademarks. First, you should keep track of all the trademarks that you submit to the USPTO. Make sure that you update them as needed. Second, you should always include the date that you applied for the trademark. Third, you should keep copies of the applications and certificates that you send to the USPTO since they contain important details regarding the trademark. 

Finally, you should consider hiring a lawyer to help you with the process. A good attorney will know how to properly apply for a trademark and will be able to advise you on how to handle the situation if there is ever a problem.

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Final Thoughts

Trademarking a business name isn’t easy. However, once you complete the steps above (and it is approved) you will have a valuable tool for protecting your company. Keep in mind that trademarks only provide legal protection. They don’t guarantee the success of your business! 

Still, if you want to ensure that your business stays ahead of its competition, registering and trademarking the name of your business is an essential step. If you also run a business and need to create reliable check stubs then you can rely on our check stub generator

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