How to Trademark a Name

How to Trademark a Name

You want to protect your business name with a trademark? Trademark is generally the protection you are looking for for a brand name or product name. A Trademark is a name that is used consistently in association with your goods and services, and represents a source for those goods. So how do you trademark a name?

First, the name cannot be descriptive or generic of the product or service, or a last name (or a cuss word!)

Second, the name cannot be confusing with a registered trademark or trademark application. You can search the USPTO TESS database for other, similar marks, and look at Google as well, since some valid trademarks are not in the database, and receive rights through usage only. Remember, the products or services must be similar for the marks to be similar. If they are totally different, even if the marks are identical, there will not be confusion.

I would have the logo designed, and acquire the web address (URL), before you go ahead with a trademark filing. The logo design may change through the design process, so you want to complete that before filing so the mark is filed in the final format. Also, for many businesses a URL is a must.

Then, if the database is clear of similar marks, then you may file your own mark, and will have to decide on the goods and services that you are associating with the mark. These will be included one or more classes, and the official filing fee from the USPTO rises by $275 per class.

Fill in the application form on the USPTO website, using the TEAS system (Google USPTO TEAS to find the right forms), inserting your mark, the goods and services, and your contact information. Once the application is filed, an Examiner may get back to you with further questions, or the application will go through to publication and allowance. When allowed, you can have the mark registered once you start using it, by filing a Statement of Use and proof of use of the name as a trademark.

In a nutshell, that’s how to trademark a name that you will be using for your product or service. You can do it yourself or for a small additional fee have a trademark attorney help, who will make the application is crafted to minimize objections.

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