If you’re starting a new small business, the name of the company is one of the first things that needs to be decided. You need to find a unique name, something that will make it easy for consumers to remember and associate with your brand. But did you know that there are benefits to register brand name as a trademark with the United States Patent and Trademark Office? If not, keep reading!
First, identify your trademark.
To start, you should identify your trademark. A trademark is a distinctive name or symbol that identifies the source of your goods or services. You can use trademarks in many ways to make it clear to customers that they are buying from you and not someone else.
Trademarks fall into four categories: fanciful, arbitrary, suggestive and descriptive (also known as “generic”). Each category has its own distinct characteristics that may help determine whether the name is eligible for USPTO trademark registration. For example, if your business name is based on a word or phrase already in common use by others for similar products or services, then it would be considered descriptive or generic and therefore not eligible for registration as a trademark because it does not serve as an indicator of origin—others could use it freely without causing confusion about their own origin.
Check if someone is already using it.
The U.S. Patent and Trademark Office (USPTO) offers a free online service called the Trademark Electronic Search System (TESS) that makes it easy to check if someone is already using your business name.
Simply enter the words you want to check into the search box, select “Search” and voila—you’ll see results for any federal trademarks that currently exist or have been applied for in association with those words. If there are no results other than yours, then congratulations: your small business name may be available for trademarking!
Register your trademark with the USPTO.
To register your trademark, you must first file a US trademark application for registration with the USPTO. The USPTO is the primary trademark registration body in the United States and is part of the Department of Commerce. You can search their database to see if your mark is available.
Once you’ve confirmed that no one else has registered a similar mark, you can begin filing your application with the USPTO. There are many steps involved in registering a trademark, but it’s important to keep in mind how much time and money it can save in future litigation battles if done correctly from the beginning (it’s also helpful to have an attorney).
Maintain your registration through the USPTO.
To maintain a federal trademark registration, you must file the following:
- A declaration of use, if you have not yet used the mark in commerce.
- A declaration of incontestability, if you have been using your mark for five years without facing any opposition from another party alleging that your mark is too similar to theirs.
- A statement of use (if applicable), when you are required to do so after filing your initial application or within six months after issuance of a certificate of registration by USPTO. This declaration must be filed between the fifth and sixth year after registration date. If this deadline has passed and you have not filed a statement of use, your registration will become abandoned unless revived within two years from abandonment date under Section 8 or Section 9(b) of Trademark Act, 15 U.S.C 1058 et seq., respectively
While registering a trademark with the USPTO is not necessary, there are advantages to doing so. You can use the official federal registration symbol (®), which means that you have the exclusive right to use your mark in connection with your goods and services. If someone sells products under your trademark without permission, you can file an infringement lawsuit in federal court in order to stop them and collect damages. In addition, if you register your trademark with the USPTO, it will be recorded on their database so that others will know who owns it and have access to information about its status as they investigate whether they should start using it as well.
Finally, when you register a trademark with USPTO’s Office of International Trademark Registration (OITR), it gives other countries’ customs agencies notice that someone owns this particular mark so that officials won’t let counterfeiters pass off knockoffs as legitimate products from abroad
You can use the official federal registration symbol (®) in connection with your goods and services
- Use the ® symbol in connection with your goods and services.
You can use the official federal registration symbol (®) in connection with your goods and services to show that you have registered the trademark, or that it’s still in use. This trademark symbol is not a design element of your logo, but rather a legal notice conveying certain rights under U.S. law.*
You can file an infringement lawsuit in federal court if someone violates your rights
- You can file an infringement lawsuit in federal court if someone violates your rights. If you suspect that someone has infringed your trademark, and you have done everything possible to fix the problem without a legal solution, you may want to consider filing a federal trademark infringement lawsuit. You are not required to do so—but if someone is infringing on your business’s name and identity and there is no other way for you to stop them, this option might be worth considering. An experienced attorney will be able to advise you on whether or not this route is right for your situation.
If someone does not stop using or advertising under a name that infringes upon yours, file suit at once. In order for us as attorneys helping businesses protect their brand names from being used by others without permission (you), we recommend filing immediately when we receive notice of infringement rather than waiting – even if it means spending money now instead of later when things get worse!
There are many benefits to registering your business name as a trademark with the USPTO
- It protects your business name.
- It’s a way to protect your brand.
- It gives you the right to use the ® symbol.
- You can use it in court cases, which will make it easier for others to recognize your business as the
In conclusion, we recommend that you file a trademark as soon as possible. It will protect your business name and prevent any legal issues in the future.
