How to Trademark a Brand Name in 3 Simple Steps

If you’re looking for ways to trademark a brand name and have not found the right path yet, keep in mind completing this process will serve as a shield against the potential misuse of your brand identity.

The process to trademark a brand name is actually pretty straightforward, requiring just a few uncomplicated steps for completion.

Keep reading to find out how to trademark a brand name. Learn the essentials of the registration process and the key factors of this procedure.

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What is a trademark

Before getting into the details behind the steps to trademark a brand name, it is essential to truly understand what is a trademark. So, what is it?

As defined by the United States Patent and Trademark Office (USPTO), a trademark encompasses “a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others”.

In other words, it represents a legal safeguard, empowering you to take legal recourse against any entity engaging in the misrepresentation or unauthorized usage of your brand.

The key factor here is to keep in mind what is the distinction between a trademark, a patent, and a copyright. 

While a patent governs technology and ideas, ensuring that they cannot be utilized in another entity’s products or services without explicit permission, a trademark is focused on identifying and differentiating the origin of goods. Moreover, copyrights, applicable solely to artistic works, prohibit entities other than the copyright holder from copying or leveraging the work for profit without explicit permission – an act recognized as copyright infringement.

To trademark a brand name is basically to fortify and uphold the brand’s integrity. It is a crucial legal strategy that every entrepreneur out there should apply.

Now, let’s take a look at the different steps one must take in order to trademark a brand name successfully.

How to trademark a brand name? Step by step

Going through the process to trademark a brand name for your company is a little more complex than simply filing for an LLC and often demands more time than initially anticipated. 

Let’s delve into the steps required to successfully trademark your company’s name.

1. Search

The first step into the process to trademark a brand name is searching. Begin by conducting a meticulous search in the federal database to ascertain whether the desired name for trademarking is already safeguarded by an existing trademark.

Utilize the USPTO’s Trademark Electronic Search System, or TESS, to explore not only the exact name but also variations and similarities.

It’s crucial to be aware that your trademark application might face rejection if the name bears too much resemblance to an already registered one within the same class. This complexity is exemplified by instances where seemingly subtle differences, such as “Lolas Boots” and “Lola’s Boots”, could pose challenges.

Additionally, visual or auditory similarities, as well as similar meanings, may contribute to potential conflicts.

2. Apply

After successfully navigating the search phase and confirming the availability of your chosen name, it’s time to prepare and submit your trademark application. Whether you are filing for a name already in commercial use or expressing an intent to use the name in the future, the application comprises 10 essential components.

These include details such as the applicant’s name and address, citizenship, legal entity, a designated correspondence address, a depiction of the desired mark, a comprehensive mark description, a specific list of covered services or goods, the class of services or goods, an example of the mark in use along with its initiation date, a dated signature, and the requisite fee based on the application’s type and included classes.

3. File

Upon completion of the application, the filing process offers two options: TEAS Plus and TEAS Standard.

TEAS Plus, being more cost-effective and streamlined, boasts a lower rate of rejections. However, if your situation demands a customized description of services or goods beyond the preset list provided by TEAS Plus, the slightly elevated risk associated with TEAS Standard might be a more suitable choice.

Following submission, you’ll receive a confirmation receipt from the USPTO, accompanied by a serial number enabling you to monitor your application’s status through the Trademark Status & Document Retrieval (TSDR) portal.

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Are trademarks truly important?

The question of whether to trademark a company name is a critical consideration. While common-law rights are automatically granted in the United States through the mere use of a mark, federal trademark registration offers several advantages.

Registering with the United States Patent and Trademark Office (USPTO) provides legal ownership, exclusive nationwide usage rights, and public notice of ownership. Furthermore, the option to register with the U.S.

Customs and Border Protection enhances protection against the import of foreign goods bearing the same name. The use of the federal symbol (®) adds an additional layer of enforceability compared to the (™) mark.

Given that a company’s name is its primary representation to the world, one should not forget how important it is to trademark a brand name. Legal protection is essential, especially when contemplating scenarios where others might exploit the business name for purposes misaligned with its mission and values.

Types of trademarks

Now that we already know how to trademark a brand name, we can take a look at the different types of trademarks out there:

1. Descriptive Mark

This type elucidates at least two elements of a product or service.

2. Suggestive Mark

Unlike explicitly stating meaning, a suggestive mark implies it, as seen in the Target logo.

3. Fanciful Mark

This includes words, phrases, or logos that are unique and distinct, such as Sony.

4. Arbitrary Mark

Drawing from everyday language used uniquely for a business, exemplified by Amazon and its distinctive smile-arrow logo.

Key factors of trademarking

When filing for a trademark, it’s crucial to recognize that each application covers only one classification, with additional classes incurring extra charges

The 45 available classes must be carefully considered based on how the name will be utilized. For instance, a Class 12 trademark for vehicle production would differ from a Class 25 trademark if clothing with the same company name is to be sold.

As for who should trademark their business name, the answer lies in the uniqueness of the name and its potential eligibility for trademark protection.

A distinctive name, not overly vague, and unique in its combination of common words stands a better chance of receiving a trademark. Geographical considerations are also pivotal, especially for businesses spanning multiple states, necessitating trademark protection to secure the brand.

Furthermore, businesses with diverse product lines featuring unique names may find it prudent to trademark each of these names individually. Take for example the Ford Motor Company, which has trademarks not only for its overarching brand but also for specific vehicle lines like the F-150, Mustang, Ranger, and Explorer. In essence, the decision to trademark hinges on the distinctiveness of the name, the geographical reach of the business, and the extent of protection desired for various product lines.

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