A drawing of the desired mark (if you are only applying for the name and don’t want to include a design element, you simply type in the name).A name and address for future correspondence (this does not have to be the same as the name of the applicant).The citizenship and legal entity of the applicant.The trademark application itself has 10 components: You can file for a name already in commercial use or with an intent to use the name in the future. Once you’ve searched and cleared the name you want to trademark, it’s time to prepare your trademark application. It can also mean that a registered trademark simply looks or sounds like your mark or that the meanings are similar. Iguana Ice Cream and Iguana’s Ice Cream might be too similar, for example. While this sounds straightforward, it can be complex. Your registration could be denied if the name is too similar to a name already registered within the same class. You should search not only for the name you want, but also for similar names. You can do this with the USPTO’s Trademark Electronic Search System, also known as TESS. Searchįirst, you need to search the federal database to ensure the name you want to trademark isn’t already protected as a trademark. Trademarking your company’s name is not as simple as filing for an LLC and may take more time than you imagine. Doing so is known as copyright infringement. Entities other than the work’s copyright holder may not copy the work or use it for profit without the copyright holder’s permission. A trademark is also different from a copyright, which applies only to artistic works. Something patented cannot be used in another entity’s products or services without that entity’s permission. What is a trademark?Īccording to the United States Patent and Trademark Office (USPTO), a trademark is “a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of the others.” It’s a legal protection you can use to take legal action against an entity if they’re misrepresenting your brand or using it without your consent.Ī trademark is different from a patent, which governs technology and ideas. This guide will walk you through each step needed to register and trademark your brand name, and answer some frequently asked questions about registering your trademark. Registering a trademark is a fairly straightforward process that you can complete in just a few easy steps. Registering a trademark for your company is a big step that helps you protect your brand identity from misuse or theft. This article is for small business owners who are ready to register and trademark their brand name or wondering whether they should.It is not immediately necessary to secure a trademark, though it could benefit your brand.You can register your brand name with the USPTO to protect your intellectual property from misuse.Registering your brand name as a trademark is a simple three-step process.If you need help on registering a logo, brand or product design please do not hesitate to contact Trademark Eagle on 01223 208 624. On the flipside, it is also important to be wary when creating a logo for your own business or product, ensuring that you are not infringing on any protected logos in existence. Sports Chaplaincy UK is a good example of a business whose name is descriptive but were able to protect their brand through trademark logo registration. However it is possible to register a business logo (either with or without the company name) which is unique to your business or charity, and as such affords the appropriate protection. Many companies trademark their company name or product name, but there is also great value in ensuring that company logos, product designs and similar are equally protected.Ī number of businesses are not able to protect their business name because it simply describes what they do, or is generic in its nature and therefore unsuitable for registration. While the average time for patent approval is just under two years, brand registration is typically completed within 6 months. Not only is the process cheaper, but it is also significantly quicker. Both have great value to the business, but as IP expert Trevor Baylis advises entrepreneurs with limited funds, protecting the brand is by the far the best option. There is a significant difference between registering a trademark logo and protecting a patent for a technical process/application.
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