– How to Trademark a Business Name 2022 –
Registering a trademark for your firm is a significant step that will assist you in protecting your brand identification from abuse or theft.
This tutorial will lead you through each process required to register and trademark your brand name. As well as address some commonly asked questions concerning trademark registration.
What is a Trademark?
A recognized emblem, phrase, word, or symbol that shows a certain product. It legally distinguishes it from all other goods of its sort is referred to as a trademark.
A trademark is a symbol that uniquely identifies a product as belonging to a certain firm. And acknowledges the company’s ownership of the brand.
Trademarks are a type of intellectual property that can be registered or unregistered.
- It’s a straightforward three-step procedure to register your brand name as a trademark.
- It is not required to get a trademark right away. However, it may help your business.
- This article is for small company owners who are deciding whether to register and trademark their brand name.
Registering a trademark is a simple procedure that may be completed in a few simple steps.
Types of Trademarks
There are four main types of trademarks:
- Trademarks: companies that trade in products used these logos.
- Service marks: service companies use these marks.
- Collective marks: collective members use these marks to signify group membership or to identify and distinguish non-member products and services.
- Certification marks: These marks are used to show that customers have met specific requirements for certain goods or services. Or their suppliers.
How to Trademark a Business Name
- First, determine if a trademark is appropriate for you or whether you should explore another option.
- If you want to protect the name of your company, you’ll need a trademark. If you want to protect an idea or a project, consider patent or copyright protection.
- The next step is to select a trademark to file with the United States Patent and Trademark Office (USPTO). Make sure the name or phrase you’re trying to trademark is approved by the USPTO. And that you know how to distinguish your mark sufficiently to be protected.
- Prepare and apply to the USPTO once you’ve selected an acceptable trademark name.
- You’ll be assigned to a USPTO attorney after your application meets the minimal standards. They’ll go over your application and make sure it’s genuine, which may take a few months. If the attorney needs further information, they may contact you.
- After that, you’ll either get permission. Or a rejection notice from the USPTO in a weekly publication. If they deny your application, you can pay a fee to appeal the final judgment.
- You must file maintenance paperwork for two months. After the USPTO delivers a registration to keep your mark active. If you don’t complete out this paperwork in a timely manner, your trademark may expire.
- It’s also crucial to check the status of your trademark with the USPTO once a year.
What a Trademark Does for a Business
The trademark registration gives the exclusive rights of a company or trademark owner. To use a national name for goods and services for which the name is registered.
This inhibits rivals from using the name. Or inventing similar names in order to deceive people and offers you a legal way of protecting you from unscrupulous and understated copycats.
Also, strong grounds are its credibility. Regarding possession of a mark and its legal usage of the ® sign next to a name.
An additional benefit is to restrict the import and sale of goods under the same name on foreign producers by U.S. customs and border protection.
There are several restrictions on trademarks. Significantly, while the USPTO does not enforce trademarks. It is up to you, the proprietor of the mark, to seek for and take action against the trademark violators.
A U.S. mark protects your name only in the United States. However, there are means to globally register marks. A mark will expire after 10 years if not renewed.
Marks cannot take the place of state business registration. And are not federal tax registrations. Furthermore, only if used in the classes of goods and services shown on your application is a trademark protecting your name.
Differences Between a Trademark, a Patent, and a Copyright
All kinds of intellectual property. But are used in diverse manners in many marks, patents, and copyrights.
Trademarks are used to distinguish one firm from another. They ensure consumers are never confused about who they are doing business with.
And they do not subject those business owners to unfair competition from comparable firms that use the same or similar names. Or trademarks as theirs.
Trademarks do not have to be registered with the federal government, although they can be granted for a term of ten years.
A copyright is a set of rights that automatically vest in the creator of an original piece of authorship. Such as a literary work, music, film, or software.
These rights include the ability to reproduce the work, create derivative works, distribute copies. And also publicly perform and exhibit the work.
Works do not have to be registered with the United States Copyright Office. But doing so might be helpful. Copyrights are typically valid for the creator’s lifetime plus seventy years.
A patent is a federal government-granted privilege. It allows an inventor to prevent others from manufacturing, selling, or using their invention for a certain period.
They classify patents into three types. Utility patents, design patents, and plant patents. They are typically good for twenty years.
Trademark a Business Name 2022: Cost to Trademark a Business Name
You should budget between $250 and $750 when applying to trademark your business name with the USPTO on a federal level.
According to the USPTO website, the trademark fees paid may depend on:
- The number of trademarks you’re looking for
- The category of products and services for which you want to register a trademark
An applicant may seek only one trademark in an application. The fee to submit a request is usually $250-$350.
But you must file separate applications and pay separate filing costs for each of the products or services. Mostly regarding multi-class trademarks. This method can be costly.
Cost of a Trademark Application Online
Costs range from $250 to $350 for each type of goods/service for electronically filed applications.
Cost of a Paper Application Form
While the TEAS is the preferred way for completing a trademark registration application. You may still file a “paper” application form with the USPTO.
A paper trademark application typically costs $750 for each class of services or commodities.
Whatever method you use, remember the filing cost is not refundable if the USPTO rejects your application to trademark a business name.
Costs for Renewal
After the 10-year trademarking term has passed, the charge to renew your mark can be as much as $300 to file electronically. And $400 to apply in person.
If you just want to register your company name in your home state. Most states charge between $50 and $150 to submit a single trademark application.
Trademark a Business Name 2022: Other Costs
In addition to the filing fees, spend an additional $500 to $2,000. To cover the costs of hiring a licensed patent attorney to assist you with the patent application filing and registration process.
Difference Between a Business Name and a Trademark
Your company name is just the name you choose for your company. The crucial distinction between a company name and a brand name is that brand names can apply more than simply your company name.
Whereas both your state authorities and the USPTO can register your business name. Your country will not protect the logo, slogan, or other distinguishing characteristics of your firm against being used by others.
This protection is provided by federal trademark laws directly.
Trademark a Business Name 2022: Reasons to Get a Trademark
- Counterfeit protection: You may request US Customs and Border Protection to seize counterfeit import products automatically.
- Can lead to global protection: With a trademark in the United States, protecting your trademark in other countries is significantly easier.
- Federal law protection: Any actions for infringement should be brought before the federal court, not the state court.
- Anti-cyber-squatting Consumer Protection Act: This is only accessible through the USPTO and permits a company to sue domain name registrants who use identical or confusingly similar trademarks.
- Universal protection across the US: If you want to trademark your company, you will get protection for your brand throughout the United States. However, you will only gain this protection if you register with the USPTO. If you register your trademark with the state, they will protect exclusively it in that state or geographical region.
Establishing ownership and rights to a business name is a crucial step for companies. Especially those that wish to keep their brand unique. As a firm expands, registering a trademark protects a name or brand. Mostly against intellectual property theft or misuse.
On the website of the United States Patent and Trademark Office. You may begin the trademarking procedure. Although the application can be finished quickly. The full procedure may take several months.