When beginning a new small business, one of the first decisions you must make is the name of the company. You must come up with a distinct name that consumers will remember and associate with your brand. But did you know that there are advantages to register brand name as a trademark with the US Patent and Trademark Office? If not, continue reading!
To begin, identify your trademark.
To begin, you must identify your trademark. A trademark is a unique term or sign that identifies the origin of your goods or services. You can utilize trademarks in a variety of ways to ensure that customers are purchasing from you and not someone else.
Trademarks are classified into four types: whimsical, arbitrary, suggestive, and descriptive (also known as “generic”). Each category contains unique qualities that may aid in determining if the name is acceptable for USPTO trademark registration. For example, if your company name is based on a word or phrase that is already in common use by others for similar products or services, it would be considered descriptive or generic and thus ineligible for trademark registration because it does not serve as an indicator of origin—others could freely use it without causing confusion about their own origin.
Check to see whether it is already in use.
The United States Patent and Trademark Office (USPTO) provides a free online service called the Trademark Electronic Search System (TESS) that allows you to quickly determine whether someone else is already using your business name.
Simply type the phrases you want to look up into the search box, click “Search,” and you’ll see a list of federal trademarks that are now registered or have been applied for in relation with those words. If no further results appear, congratulations: your small business name may be accessible for trademarking!
Register your trademark with the United States Patent and Trademark Office.
To register a trademark, you must first submit a US trademark registration application to the USPTO. The USPTO, which is part of the Department of Commerce, is the major trademark registration body in the United States. You can look through their database to discover if your trademark is accessible.
You can begin filing your application with the USPTO once you’ve ascertained that no one else has registered a comparable mark. There are numerous procedures involved in registering a trademark, but it’s vital to remember how much time and money it can save in future litigation battles if done right from the start (having an attorney also helps).
Keep your registration current with the USPTO.
To keep your federal trademark registration active, you must do the following:
If you have not yet used the mark in commerce, you must file a statement of use.
If you have been using your mark for five years without experiencing any resistance from another party arguing that your mark is too similar to theirs, you can obtain a declaration of incontestability.
A statement of use (if applicable), if necessary after filing your first application or within six months of receiving a certificate of registration from the USPTO. This declaration must be filed between the fifth and sixth years following the date of registration. If this period has passed and you have not filed a statement of use, your registration will be abandoned until revived within two years from the date of abandonment under Section 8 or Section 9(b) of the Trademark Act, respectively, 15 U.S.C 1058 et seq.
While it is not required to register a trademark with the USPTO, there are benefits to doing so. You have the exclusive right to use your mark in connection with your goods and services if you utilise the official federal registration sign (®). If someone distributes things using your trademark without your permission, you can sue them in federal court to stop them and recover damages. Furthermore, if you register your trademark with the USPTO, it will be registered on their database, allowing others to know who owns it and obtain information about its status as they consider if they should start using it as well.
Finally, registering a trademark with the USPTO’s Office of International Trademark Registration (OITR) notifies other nations’ customs offices that someone owns this particular mark, preventing counterfeiters from passing off knockoffs as real products from overseas.
In connection with your goods and services, you may use the official federal registration sign (®).
Use the ® sign to identify your products and services.
To prove that you have registered the trademark or that it is still in use, you can use the official federal registration symbol (®) in connection with your goods and services. This trademark symbol is a legal notice communicating certain rights under US law, not a design element of your logo.* * If someone infringes your rights, you can bring a case in federal court.
If someone infringes your rights, you can bring a case in federal court. If you feel that someone has infringed on your trademark and you have tried everything to resolve the issue without success, you should consider filing a federal trademark infringement case. You are not compelled to do so, but if someone is misusing your company’s name and identity and there are no other options, this may be worth exploring. An expert attorney can advise you on whether this path is appropriate for your situation.
If someone does not stop using or promoting under a name that infringes on yours, you should launch a lawsuit right away. To help businesses prevent their brand names from being used without permission by others (you), we advocate filing immediately when we receive notice of infringement rather than waiting – even if it means spending money now rather than later when things grow worse!
There are numerous advantages to registering your company name as a trademark with the USPTO.
It protects your business name. It’s a means to safeguard your brand. It grants you the right to use the ® sign. You can use it in court cases, making it easier for people to recognise your company as the owner.
Finally, we urge that you apply for trademark as soon as feasible. It will secure your company’s name and prevent any future legal complications.