How to Trademark a Company Name?

How to Trademark a Company Name

Before venturing into a business, you first need a name for it. This can make or break your business. It is why you have to think carefully before coming up with one. Registering your business name is the next step. And this step is important to businesses who want to remain competitive in their industry.

Once you’ve completed the required steps to register a trademark, you get protection. You are no longer susceptible to name and brand theft. To begin with, let’s first understand the basics and define what a trademark is?

What is a Trademark?

According to the U.S Patent and Trademark Office (USPO), a trademark is a phrase, symbol, word, or design that identifies and distinguishes the source of goods of one organization from the others. It protects the name and brand of your company. And its registration is a way that ensures your protection is documented.

How to Trademark Your Name?

How to Trademark Your Name

There are four important steps to completing your trademark application. Though to complete the entire process, it might take you about six to eight months. You might be charged a fee within the range of $250. There are also a few out-the-pocket charges that might make the process a little costlier. The application process is somewhat straightforward. This doesn’t mean you shouldn’t take your time and do your research. A trademark application doesn’t guarantee that you get TM.

It will pass through several thorough review processes before a conclusion is met. Keep in mind that the application fee is nonrefundable. So, if you apply and get denied, you just have to reset and start the process again. However, below is how to properly get the process started:

Know What You Want

Before you begin the process, you have to first decide whether you need a trademark. Using a business name offers a type of brand protection. This is only when the business can provide a document stating that it was first to use the name in its niche.

These laws normally extend only to the locality in which the business name was used. Furthermore, you can file for a federal trademark infringement suit. This is if your business title is stolen if and when you have registered a trademark.

Once your business name has a TM, it entitles you to exclusive rights to your brand. You have the right to use your name for your niche on a national level. Further, during your registration, you have the right to register your trademark in foreign countries. It also allows your entitlement to a lawsuit in a federal court to enforce your TM. This page has more on registering a trademark.

Check for Existing Trademarks

Make sure to check for exiting brands before going through your application. To search, use TESS, this search system allows you to find similar trademarks that exist in your geographical area. Make sure to confirm this before applying. This is because if your name is similar to an existing one, the USPO will not complete your registration.

I will advise that you do not only search for names that are similar to yours. I recommend using variations and similarities that exist. For example, “Brian skincare” and “Brian health care” are alike names. However, they might not show up on the same search, yet lead to an application decline.

Prepare Your Application

Preparing an application is the most important step of your registration process. So, proper time and effort should be put into it. There are lots of requirements needed when preparing an application:

  • Personal details like the name and address of the entity (business or individual) who requires a trademark. Bear in mind that businesses or persons who are based in foreign locations will require the services of a lawyer to complete this process.
  • The standard character mark (name) that you want protecting. You should know that you can also register fonts, colors, and styles that depict your name. but, bear in mind that if you wish to choose this route, you will only get protection for that which specifically depicts your name.
  • The services or products that your company covers. Here, you will have to describe the type of products and services that your brand falls into. You should know that you can also get a trademark in more brands. However, this calls for additional fees.

File Your Application

The last step of your application process is filing your application. You will find out that there are two options to work with during your filing as you’ll likely be using the Trademark Electronic Application System (TEAS).

The first option is the TEAS standard. The second one is TEAS plus. With the latter, you’ll find that not everyone is eligible for application. But, if you are, it is much cheaper. It is designed to be faster and easier for applicants. The USPO reported that TEAS plus was 2 months faster than the TEAS standard. On the other hand, applicants who choose to file a TEAS standard application will have less worry about meeting requirements. But it is quite expensive.

How Does This Help my Business?

How Does This Help my Business

Owning a trademark allows the business or owner, exclusive rights of the name. The name of services and /or product that has been registered can be used nationwide without interferences. What this does for the business is to discourage other users from using a similar title or something that sounds similar. It provides you with an established brand. You have your business title protected from people who are trying to copy or conduct shady moves.

There is credibility associated with owning a trademark. This credibility alone is a good reason to complete the application process. Even being able to make use of the ® symbol close to your company title is another great reason to complete the application process. It shows that you’re a serious and reputable business. You can find more on this link about the benefits of trademarks for businesses.

Final Note

The process of registering your name as a trademark can be daunting. However, with the right information, you will get past it with ease. There are lots of benefits of having the ® sign next to your title. It shows reliability, and customers can easily trust your business.


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