Like any trademark, a name cannot be registered with the United States Patent and Trademark Office (USPTO) if it is so similar to an existing trademark that people are likely confused as to the origin of the goods or services. There is a likelihood of confusion if: State trademark registration protects your trademark only in your state. By using only your trademark, you may have common law rights, but these rights offer limited protection and do not have the enforcement and deterrent features of federally registered trademarks. Similarly, the common law provides limited protection in the event of a dispute over your name. Federal trademark registration allows you to bring a trademark infringement action in federal court. So, if you really want better protection, it`s a good idea to register your trademark as soon as possible. Before you decide to protect your business name or choose a logo, make sure no one else is using it. It takes several months for a registered trademark application to be processed once it has been filed. To successfully register a trademark, start with a trademark search, make sure you understand the requirements, file a specific application, respond quickly to issues, and get help. It`s a long process, but it`s worth it.

If your application meets all requirements, your trademark will be approved for publication in the Official Trademark Gazette of the USPTO. This gives other people the opportunity to defend themselves against it. If there is opposition, you may need legal counsel to assert yourself. To protect your logo and make sure no one else is using it, your business needs to conduct brand monitoring. There are specialized lawyers and companies that do this kind of ongoing intensive work. They constantly check that no one else is using your logo or trying to mark logos that are too similar, and if someone does, they send a cease and desist letter. The USPTO examining attorney may reject your trademark if there is a possibility that consumers will confuse it with another trademark (i.e. if your trademark sounds or resembles another mark in a similar industry).

The USPTO registers only one trademark for a distinctive trade name: you cannot register a generic name like „books“ or „shirts,“ and you are unlikely to be able to register a descriptive name like „The Best Cookies.“ If you`re starting a new business, you`ll need to choose a name that can be used in your state and doesn`t go against another company`s brand. LegalZoom GuaranteeIf your first trademark is denied, we will cover our $599 fee for registering another trademark‡ You do not need to register your trademark with the U.S. Patent and Trademark Office (USPTO) to obtain trademark protection. You can obtain a common law trademark by simply using your trademark in your business. Here are some ideas to help you understand how to protect a name and what you need to know before applying for a trademark registration. Unlike the other two types of intellectual property protection, trademarks seek to determine whether another person`s use of a similar mark would mislead a consumer as to the origin of the goods or services. This makes a trademark a powerful weapon against counterfeit products or competitors who are trying to confuse the public or make money with your good reputation. When you save a trademark in a special character format, your design is a .jpg file that contains the mark you want to save. †Based on the submission of two applications, each with an independent probability of 75% of registration, since 75% of the applications that resulted in the final decision (registration, rejection or withdrawal) with the USPTO were registered before March 19, 2020. The USPTO reviews your application within a few months, then sends an action from the office with questions or concerns, or approves your trademark for publication.

If it is published and the public objects within 30 days, your trademark is officially registered. Your brand is an integral part of your business. Registering a trademark is not an easy process, but the protection it offers to your trademark is worth your time and effort. Protecting your brand starts with a robust trademark search. If you know what the other brands are, you will understand if there is room for the brand you want to protect. Look for brands that might confuse your customers. If a trademark similar to the one you want to protect exists, which is used in a similar industry, protecting your trademark can be difficult. It`s best to inquire early to find a brand that`s easier to protect.

You can register a logo that contains text, but the design and text together are considered a single trademark. Do you want to protect them individually? You will need to submit two applications. The USPTO authorizes a trademark — which is a name, logo, or slogan — per application. You may register a trademark for a company name with the United States Patent and Trademark Office (USPTO) if it is sufficiently distinctive and does not create a likelihood of confusion with other trademark registrations or pending applications. Trademark protection for your company`s name, logo, or slogans is an important way to protect your work. Learn how to get started with this easy-to-follow explanation of how the signup process works, how much it costs, how much it takes to time, and more. Once your trademark is registered with the USPTO, you have the right to use it anywhere in the United States. 3. The application must be based on the use or intention to use the mark in trade. 1. The trade mark must be applied for under the name of the beneficial proprietor. The trademark owner is the person who controls the nature and quality of the goods sold or services provided under the trademark.

The owner can be an individual. The owner can also be a partnership, partnership or association. If the owner is a business, the applicant`s name is the name of the business. For a trademark to be effective, it must be enforced. Learn how to protect your brand, what happens if you don`t end trademark conflicts, how to stop an infringing trademark, and more. If you are filing a trademark application in a sound or animated video formation, you must file the design as an electronic file in one of the following formats: .wav, .wmv, .wma, .mp3, .mpg or .avi. To be recordable, your design must be unique – not something generic, commonly used, or too similar to other logos. Federal laws determine how you can register a trademark in other countries. Learn more about registering a trademark in other countries, including fees, deadlines, and getting started. Register your trademark so competitors can`t benefit from it. Get legal support from start to finish to have the best chance of success.

Once you apply, your trademark application will be assigned to a USPTO examining attorney for review.