What exactly is a trademarked business name?
A trademark is a term, name, symbol, or device that is used in commerce to identify the source of goods and differentiate them from those of others. If your company has a memorable name, you should consider registering it with the USPTO. Your mark can be registered on either the Principal Register or the Supplemental Register. The primary distinction between the two is that registering on the Principal Register gives you more protection. You should also check to see whether your trademark is already registered or pending, since if someone else has already registered their mark, yours will most likely be rejected by the USPTO.
A company that establishes a solid reputation for itself has a higher chance of success than one that has a brand identity. A trademark is simply one method for getting your name out there and building your brand’s reputation. It may also be employed in branding activities such as advertising, social media campaigns, and website development.
If your company has a memorable name, you should consider registering it as a trademark. Trademark registration is essential for every company that wishes to establish its identity and protect itself from imitators.
SUPPLEMENTAL REGISTRATION & PRINCIPAL REGISTRATION
Trade mark registration can take place on either the Principal Register or the Supplemental Register. The Principal Register is preferable for businesses seeking to protect their marks from being used in other countries (for example, when someone uses your mark outside of the United States), but keep in mind that if you register on the Supplemental Register, you will be unable to enforce your rights against those using your marks in other countries.
The term “trademark” refers to a word, name, symbol, or device that is used in trade with commodities to designate the source of the items and differentiate them from the goods of others.
In general, a trademark is any words or symbols that a person uses to identify his business, products, or services. A service mark is similar to a trademark in that it identifies and differentiates services rather than items.
A collective mark is used to identify members of a group or organisation rather than individual items or services. For example, if you were a member of an organisation whose members manufactured things such as honey and jam, you might register for trademarks using your collective mark rather than having each product identifiable by its own trademark. The rationale behind this sort of trademark is that although while each member creates their own distinct products, they are still part of something broader – they are all members of the same organisation and hence should have shared rights over their respective names within this context.
A certification mark both recognises another person’s right and provides information about some aspect/quality/characteristic of those items (e.g., organic food). A trade dress typically applies when significant investment has been made in creating distinctive packaging for goods that consumers strongly associate with specific brands; however, it can also apply more broadly if consumers come to recognise certain appearances associated with specific types of goods.
You can file a trademark application on either the Principal Register or the Supplemental Register. The primary distinction between the two is that registering on the Principal Register gives you more protection.
Registering a trademark on the Principal Register is more expensive and provides greater protection than registration it on the Supplemental Register, but registering on either grants you ownership of your business name and allows you to use it in interstate commerce.
If your mark has not yet been registered, you have five years from the date you first use it in commerce (or when someone else begins using it) to file a trademark application; however, if it has been used for at least three years before an opposing party files a petition against its registration, there is no time limit for filing an application for registration.
ONLINE REGISTRATION METHOD
You can federally register your mark by submitting a Trademark Electronic Application System (TEAS) form to the United States Patent and Trademark Office (USPTO).
You can submit your application in four ways:
On the internet at www.uspto.gov/trademarks/process/begin application/teas/
By mail using our TEAS Plus system, which incorporates many TEAS programme features into a streamlined process that reduces filing times and costs while maintaining quality control standards for trademark searches, recordation reviews, publications, status checks, and correspondence handling; you can access this form here: www.uspto.gov/trademarks/process/teas-plus/
. By fax at 571-272-0045 from anywhere in the globe; International Fax Numbers are available from most countries; see http://www.wipo.int/export faq/general questions/?page=filing#internationalfaxnumbersforfillingapplicationswiththeustpo for more information.
It is also critical to ensure that your trademark is not already registered or pending, and that it does not infringe on the rights of another organisation to use their mark. To search for existing trademarks, use the Trademark Electronic Search System (TESS), which is managed by the US Patent and Trademark Office (USPTO). You may also do a more thorough search at the USPTO website by entering any relevant phrases into the server’s search engine.
Whether you are concerned if your business name will infringe on another company’s mark or if it has already been claimed by someone else, you should speak with a trademark attorney or law firm. These specialists may assist you in determining whether there are any additional concerns with your proposed trademark, such as the probability of confusion, or if there are any other possible issues with utilising it as an identifier for your business name.
After you file your trademark application with the USPTO, it will be assigned to an examiner who will study it and determine whether any conflicts exist. A search of the USPTO’s trademark database and other databases (such as TESS-Trademark Electronic Search System) may also be performed by an examiner to ensure that the mark is not already registered or registered elsewhere. If no conflicts are discovered, they will issue you a notice informing you that your mark may be registrable.
If your trademark application has conflicts with existing marks, possible infringement difficulties, or other issues, the examiner will send you a letter outlining what needs to be addressed and seeking more clarity from you. Don’t be concerned if this occurs—routine it’s procedure and part of the process!