How To Trademark A Business Name

By: Jaleanna

Break Studios Contributing Writer

Need to know how to trademark a business name? Trademark registration for the name of the company is quite easy. Most of the businesses file the online application in a maximum of 90 min, without taking any help from a lawyer. The simplest method of registering is to use the official website of the United States Patent and Trademark Office, www.uspto.gov.

Things you will need to trademark a business name:

  • Registration form
  • $275-$325
  1. Before you complete the registration form that is available online, check for the Trademark Electronic Search System (”TESS”) database available on the site, so as to ensure that no other company has registered a similar or identical mark for the category of services or goods you are offering. The U.S. trademark protection is given to the first person using a particular mark within the geographic region where it is operating, without considering the registration of the mark. But if the mark chosen by you is registered by some other company, though it was first used by you, your application for registration will be rejected. You can take help from a lawyer to proceed further.
  2. It will cost you about $275-$325 and will require information related to the category of service or goods for which you will be using the mark, when you first used the mark, and the design component of the mark. Those who are running internet businesses and are planning to register their names must take care to register it without the web extension, or else register the name with as well as without the extension. If you register the trademark without the extension, it will help you in preventing other businesses to register the same name with different extension. Avoid designation of a specific design, this will provide you with maximum protection.
  3. According to the official website of U.S. Patent and Trademark Office, generally a response is received within 6 months from the date of application. Under some scenarios it is recommended to register the trademark with the help of an intellectual property attorney or at least take legal advice in advance. If the mark you are registering is similar or identical enough that it can confuse people, there are chances that it will be contested.
  4. Descriptive or generic names like The Ice Cream Shop are difficult to register. A lawyer experienced with trademarks can provide you with some useful advice to get some protection.

Tips

  • Use the official website of the U.S. Patent and Trademark Office, www.uspto.gov to register the trademarks.
  • Check the Trademark Electronic Search System database so as to ensure that someone else has not registered the mark already in your category.
  • Avoid using the domain extensions to the trademarks so as to stop others from using the same name with different extension.
Posted on: Oct. 02, 2010