UpCounsel accepts only the top 5 percent of lawyers to its site. If you need help with questions like “should I trademark my business name,” you can post your legal need on UpCounsel's marketplace. You may be denied a trademark registration for a name that is confusingly similar to some other trademarked name in respect of the same category of products or services you are applying for. In order to successfully trademark a descriptive name, you must prove that you have been using the name long enough for people to automatically associate it with the product or service you are applying for. It's relatively more difficult to trademark a descriptive name, which usually includes personal and family names (for example, Harry's Ice Cream), location names (for example, “New York Pizza”), and names describing a product or a service (for example, “Best Computer Repairs.”) You can even trademark a product name that does not describe the actual product (for example, “Greyhound” bus). Names made up from existing words can also create strong trademarks provided it's done in a unique manner (for example, “Apple” Computers). Coined names that do not use any existing words (for example, “Xerox”) are easier to trademark, and they also offer stronger protection. The name you want to trademark must be distinct and clearly distinguishable from all the existing trademarks. Not all names qualify for trademark registration. Upon registration, you may use the registered trademark symbol (®).may also allow you to register it in other countries. It makes it easy to prove that you are the only one authorized to use the given trademark with respect to the good and services listed in the application to the exclusion of all others. Registering a trademark creates a presumption of ownership in your favor.You can stop the unauthorized use of your trademark by filing a lawsuit in a federal court.Inclusion in the publicly searchable database reduces the chances of its misuse. Your trademark ownership is included in the USPTO's database.It offers nationwide protection for your trademark.The USPTO, the authority which grants trademarks, is a federal agency, so the trademarks it issues prevail over business names and state-level trademarks. Registering a trademark gives you protection against its unauthorized use throughout the United States. But if you own a large chain of restaurants operating in many different states, you may want to trademark your business name. However, while this protection may be sufficient for small businesses operating locally, it may not offer much help for large businesses with nationwide presence.įor instance, if you are running a local restaurant, it would hardly matter to you if someone else is running another restaurant with the same name in some other state. To some extent, registering your business name may prevent others from using your business mark in the geographic area where you operate. However, unregistered businesses like sole proprietorship and partnership firms can still use your business name. When your business name is approved but you do not trademark it, it receives common law trademark protection, meaning that no other business can register in the state with your name. Why Should You Trademark Your Business Name?Īt the time an LLC or a corporation is formed, the registering authority grants you the proposed business name only if it's not already being used by some other business in the state. Note that filing a trademark is different from registering a business name. You can file a lawsuit if you find someone else using your trademark in the given category of goods or services. When you register your business name as a trademark, you get an exclusive right over its usage throughout the nation with respect to goods and services it applies to. From business and product names to logos and labels, you can trademark them all with the U.S. Basically, it's a mark that you use while conducting your trade or business. It's the identity of your business and has a certain level of reputation attached to it, so you do not want a competitor to use your name.Ī trademark makes it easier to identify your products, and services. Your business's name is an important asset of your company. However, you'll still have to monitor unauthorized usage and take action in case of a violation. Trademarking your business name definitely offers a strong protection against someone else using your name. Should I trademark my business name? The answer to this question depends on the geographic scope and the type of name for your business.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |