Introduction
You’ve got a great business idea, and you’re ready to start making some money. But how do you register brand name so that no one else can word use it? It’s not as hard as you might think.
If you’re wondering how to trademark a common word or phrase, then you’ll need to consider several factors.
First, check the United States Patent and Trademark Office website for any existing trademarks that may conflict with your desired name. If there are no existing trademarks for what you want to call your company or product, then check whether it’s available for use and registration through the USPTO trademark database. You can also search the database using keywords relevant to your business.
One thing that is not allowed when registering a trademark is selecting an individual person’s name without their consent. This is because individuals have rights over their personal identity under the First Amendment of the U.S Constitution and other laws protecting individual rights such as privacy laws (i.e., libel).
You may want to choose a URL that is more generic than your trademark.
For example, if your business name is Smith & Co., but you decide to register a trademark for “Smith and Co.” instead, you can use the domain name smithandco.com. If later on, you decide that Smith & Co. is a better fit for your business (or vice versa), then you can simply change the name of your domain at any time without having to go through all of the paperwork involved in re-registering your trademark with the USPTO (United States Patent and Trademark Office).
You should also keep in mind that the exact same name cannot be used twice–for example, if two people register trademarks using “Smith & Co.”, then both companies will own trademarks for this phrase…but only one company can legally use it as their official business name unless they buy out or license any other competing trademarks under this same phrase from whoever owns them first!
Once you’ve chosen your name, it’s time to make sure it’s available for use and registration.
When searching the USPTO database, keep in mind that if an identical or similar mark has been registered by someone else, yours won’t be allowed. In addition to checking with the USPTO website and trademark database, check to see if the name is already being used by another company. This can be done using Google or doing a search on social media sites such as Facebook or Twitter (be aware that some websites require paid memberships).
If your business name is already being used, consider the following: Is the name being used in a different industry?
If your business name is already being used in a similar industry, you may have to choose another name for your business. If it is being used in a different industry, then you may be able to register it.
If the name of your business is affiliated with a specific product or service, then it could be protected as a trademark if that product/service becomes well known and associated with the mark. However, if someone else has already established their brand around this same name, then you may need to consider choosing an alternate one for yourself.
If you want to use someone’s name in your trademark, then you’ll need their permission. One way to protect yourself from accidentally infringing on someone else’s rights is to conduct a USPTO trademark search before filing for registration with the USPTO (or any other government agency). You can perform a free federal trademark search using the USPTO databaseIf you find that the name is already being used by another company, there are several options for dealing with this issue. The first option is to change your business name. If this isn’t possible, consider registering a trademark for it instead. This will give you exclusive rights to use your mark for certain goods or services in a specific geographic area..
This list might look daunting, but if you think of trademarks as words or images that communicate the nature of your business or products, then you can see why names can be so important.
While it might seem like a lot of work to protect all of your brand’s elements, the truth is that trademarks are used to protect your business name, logos and slogans. They’re also used to protect domain names and product names.
As you can see from this list, trademarks can be used to protect virtually anything associated with your brand’s identity—and because trademarks give you rights over these things (at least for as long as you continue using them), they’re worth protecting.
If you want to avoid any confusion with your domain name, it can be a good idea to choose something that is more generic than your trademarked business name. For example, if your business name is Smith & Co., but you decide to register a trademark for “Smith and Co.” instead, you can use the domain name smithandco.com (assuming this phrase isn’t already taken). If later on, you decide that Smith & Co. is a better fit for your business (or vice versa), then you can simply change the name of your domain at any time without having to go through all of the paperwork involved in re-registering your trademark with the USPTO (United States Patent and Trademark Office)The same goes for if your business name could be confused with an existing brand’s or trademark. You should also think about how easy it will be to spell and pronounce the name of your business. You don’t want people to have trouble figuring out what you do just by hearing it!.
A carefully chosen name can draw attention.
The name of your business is critical, as it can set you apart from the competition and help you attract new customers. A strong brand name can also be an asset—it may allow you to build a successful product or service around it, in which case it could be valuable if you choose to sell or license it later.
But before choosing your company’s name, make sure that it doesn’t infringe on someone else’s trademark rights. This will help protect your investment in building brand awareness for your business.
A trademark is a word, phrase or symbol that identifies the source of goods or services. The owner of a trademark can prevent others from using it in connection with similar products and services. A service mark is the same as a trademark, except that it identifies and distinguishes the source of services rather than goods.
Conclusion
It’s important to consider the name of your business carefully, especially if it’s a common word or phrase that could be misconstrued. The best way to protect yourself from legal problems is by USPTO trademark filing for your name, which will allow you to take action against anyone using a similar name within certain parameters.
