Introduction
A trademark is a sign, word, or phrase used to identify the origin of products or services. It may be a logo, a phrase, or even your company name. A trademark is a sign, word, or phrase that identifies and differentiates the source of products or services from those of others. In order to register a mark in the United States, you must first have a concept for a logo/name/slogan (it does not have to be finalised) and then present evidence that others cannot use it elsewhere in the nation – generally by looking online for firms that currently use it!
What exactly is a trademark?
A trademark is any term, name, symbol, or device that is used to identify and differentiate the source of products or services in the marketplace from others. In addition to this description, a service mark indicates and differentiates the source of a product or service rather than a physical commodity. Apple’s goods, for example, are all registered trademarks, but its service mark is their registered brand name (among other things).
What is the distinction between a trademark and a business name?
The phrases “trademark” and “trade name” are sometimes used interchangeably, however they are not the same. A trade name refers to your business’ legal name as well as its DBA (Doing Business As), if applicable; for example, if you operate under both “Bob Smith Software LLC” and “Bob Smith Software,” those would both be considered trade names because they’re your legitimate business names – not brand names that could be protected by legal means such as registration with state agencies, as I do in California!
What is the trademark application procedure?
On its website, the USPTO provides detailed information regarding the trademark registration procedure. The first step is to see if your mark qualifies for registration. You can do so by submitting an application to the US Patent and Trademark Office (USPTO).
You have numerous choices for registering your mark with the USPTO once you’ve decided that it is qualified for protection:
Apply online using the Trademark Electronic Application System (TEAS)
Send in a paper application.
Send your application by fax.
What’s the distinction between a trade name, a trademark, and a service mark?
Trademarks are words, phrases, or emblems that differentiate your products or services from those of other businesses. Trademarks can be registered as logos, phrases, and packaging; they can even protect your company’s name.
Service marks safeguard the names of a company’s services. For example, if you run a restaurant called “Famous Burger,” you may be able to register that name in your state as both a mark and a service mark, preventing others from using it for their enterprises (or at least not without your permission).
Who may file for a trademark in the United States?
In the United States, anybody can file a trademark. To apply, you must be the owner of the trademark.
You can file for a trademark in your own name or on behalf of a company (as long as you have authority to do so).
If you are seeking for a mark that will display on a single person’s products or services, you must be at least 18 years old. Each applicant must be at least 18 years old and have legal capacity to contract under relevant law if more than one individual offers products or services under a common name.
Can I register my logo as a trademark?
Logos are not considered trademarks in and of themselves. A trademark must be distinctive; it cannot be descriptive of the goods or services that you offer. For example, if your company is an online handbag selling platform and you offer a canvas bag with a tiger picture on it, this would not be an effective trademark since “Tiger” is descriptive of the sort of commodity you are selling: bags with tigers on them.
To register your logo or any other symbol or design (such as colours) as a trademark, you must use the mark regularly in commerce so that people know it identifies your firm and its products or services. You must also demonstrate that customers link this identifier with your brand in order for them to know which product or service originates from which firm when purchasing products from various outlets—even if those outlets are not in direct competition with one another!
Is it necessary to register a business name in order to gain trademark rights in the United States?
No, a business name does not need to be registered in order to gain trademark rights in the United States. A trade name is a company name, however it is not always a trademark.
If you choose, you may register a trade name as a trademark and/or service mark. Please read our article on registering your company name as a trademark or service mark to learn more about this procedure.
How can I file a trademark application for a company name?
Remember that your company name must be generic or indicative of the services you offer. For example, if you sell real estate and your company name is “Real Estate Company,” this is not a suitable candidate for a trademark since it is descriptive of the services provided. Your company name must also be distinctive so that it does not infringe on any existing trademarks registered with the USPTO.
Finally, before filing for federal registration, you should utilise your mark in commerce—that is, start selling things under that name—and ensure that it is strong enough to withstand a legal challenge.
What is the cost of registering a trademark in the United States?
The cost of registering a trademark is determined by the number of classes in which you wish to register. The USPTO charges costs according to class, so if you wish to register your trademark for numerous items or services, the fee would be more than if you just want to cover one.
There is also an extra cost for each international country where you want an intent-to-use mark and a search. For example, in order for the USPTO to accept your registration application (and any subsequent renewals) as evidence that your application was published in the USPTO Gazette as part of their Trademark Law Treaty obligations with other countries participating in these agreements (such as Japan), there must be evidence that someone searched through our records—this means paying extra money!
What is the scope of my registration application?
Trademark registration protects the name and logo but not the product or service. Trademark registration does not protect the corporate name.
Trade mark registration can help you protect your brand, separate yourself from competitors, and prevent others from utilising your logo, brand name, or other distinguishing marks.
Conclusion
As you can see, the procedure of filing a US trademark application is pretty simple and does not take long. However, it is critical that you understand what your registration application covers and how to effectively protect your trademark. If you are contemplating trademarking your company name or logo, we strongly advise you to contact us for additional information on the procedure so that we can assist you with any questions or issues you may have along the road.
