When choosing your business name, there are two main things you should consider. First, is the name legal for you to use? And second, does it clearly describe your business?
The first step in trademarking your business name is determining if your business name is already used or registered by another company. This can be done through online resources as well as phone calls or meetings with other companies that own similar trademarks.
If your business name violates someone else’s copyright or patent, it cannot be protected under law! Even though people may not like your business name, you still have to go through the process of registering it unless you want others to use it without your permission.
Business names typically cost around $100-500 to register depending on the length of the name and how popular the mark is. There are some services that will do this work for you, but doing it yourself allows you to understand what laws apply to trademarks.
Your business will remain your property even after registration, so get ready to spend money to promote your brand! Having a strong trademark helps protect your business identity and reputation.
Apply for trademark registration
The second way to protect your business name is by applying for federal trademark protection through the US Patent and Trademark Office (USPTO). This process usually takes one year!
This is the most common way to secure your business name as it has been used frequently. More than 2 million trademarks have been registered with the USPTO, so there are definitely brands that have been officially recognized before.
By registering your business name you’re giving yourself permission to use it in commerce. You can also register certain words or phrases within your business name as trademarks too.
It’s important to note that even though you cannot be fined for using an already registered term, you may not like how others are utilizing the mark. By incorporating parts of their design, you could incur legal action against you.
Provide documentation that the business name was chosen and used by you
Even if you have not formally trademarked your business name, you can do so!
It is totally acceptable to register your business name with the USPTO or another trademark agency. This is called registering a “common law” trademark. By doing this, you guarantee yourself that your business name will be protected in case someone else tries to use it.
By federal statute, there is an eight-year protection period for trademarks (with some exceptions). Given that most businesses need a strong brand to survive, this is definitely enough time to ensure that your business name will remain well known.
A few weeks ago we discussed how to choose a business name.
Provide documentation that the business name was chosen and used by the company you are registering the trademark for
Finding a domain name is the next step in developing your online presence or website! Choosing a catchy, unique, and descriptive domain name is an integral part of having successful websites.
It is very important to use appropriate steps when choosing a domain name. Before buying a domain name, there are several things that must be done. First, make sure the domain name you pick will still be available after you purchase it (this can be done through various tools and services). Second, check if the site’s current owner does not have copyrighted material using their domain name as well as whether they are able to release this copyright. If so, acquire all the necessary documents to prove ownership of the domain!
After these two checks, you can start looking at domains cost-effectively. Websites with great usability and brand names are more likely to get visits and therefore cost less to own. It is also worth noting that most people do not actively try to find new trademarks, so keep generic versions of popular brands free.
Confirm your trademark registration
As mentioned earlier, you will not be able to use your business name as a trademark unless you have registered it with the TM (Trademark) Office. It is very important that you do this before using your business name in any way.
This includes using it for online shopping, social media accounts, advertising, or anything else! Before doing so, make sure you are allowed to by registering first.
The cost to register a business name varies depending on several factors, such as how popular the mark is, if it has already been used, etc. but typically costs around $150-200 per year.
There is an extra fee to file formal documents such as trademarks at the International Bureau of Intellectual Property (IBIP), which can add up quickly when filing multiple marks across different countries. This is particularly important to consider if your business grows more than just a few steps beyond having one product.
Prepare and send a letter of consent to trademark registration
The second step in registering your business name is to prepare and sign a letter of consent to register trademarks for your new company. This document states that you, as an individual or business owner, are giving permission to use your business name as a registered trademark.
It also confirms that you have the legal right to prevent another person from using your business name as a trademark. If you can’t do this, then they don’t get rights to use your brand!
This is important to know because even if someone uses your business name with your explicit written authorization, you still have the right to sue them in court if it becomes clear that they are trying to take advantage of your good reputation.
Pay trademark registration fees
If you are looking to use your business name as a trademark, then you must first pay for an application or registrations with the US Patent and Trademark Office (USPTO). This can cost up to $100!
The process of registering your business name with the USPTO is long and expensive, which is why it is important to do it properly before using it as a trademark.
There are three main reasons to register your business name with the USPTO, even if you plan to only use it as a brand. First, it gives you some legal protection against someone else trying to use your business’s name as their own. Second, having a registered mark allows you to add “trademark infringement” to your list of things to worry about when running your business. And third, most companies offer free search services at the USPTO website, so it makes sense to make this investment now instead of later.
Now that you know what paying for a business name entry costs, how much money should I invest in my company? That depends on two things: how well known your business already is and whether you want to protect your brand from potential infringers.
If your business is already well-known, then investing more money in your branding will help you gain additional recognition for your hard work. On the other hand, if your business is not yet famous, then spending less money on marketing and advertising may be the better option.
Take a picture of your business registration certificate
Now that you have determined how to trademark a business name, it is time to do so! While some may consider this step trivial, it is not. You must actually take a screenshot or picture of your business’s current registration certificate and then save that image as a file before you can proceed with registering your new company name as a trademark.
It is very important to be sure that you have written permission to use the business’s registered name as well as their legal contact information before taking this next step. Once these things are verified, you can begin the process of filing for trademarks in both the United States Patent and Trade Mark Office (USPTO) as well as The European Union Intellectual Property Office (EUIPO).
After doing so, you will need to pay fees for using each of these systems which can cost several thousand dollars. This is why it is best to go through an experienced firm that has all of the necessary paperwork on hand so that they can get the work done quickly and easily.
Keep your registration current
It is very important to maintain at least one set of trademark documents up-to-date. If you decide to change your business name, then you will want to update all of your trademarks to match that new name.
If you are thinking about changing your business’s name, make sure you have done sufficient research first! Before finalising any changes, check if there is already another business using that same name in your area or elsewhere. You do not want to be investing in expensive marketing materials like logos and websites when others have monopolised the market.
You also need to consider how well your old business was known before, as well as what people may call it now that you have changed it. For example, even though ‘Apple’ has the word ‘phone’ attached to it, most people know it for laptops and gadgets! Changing your business name could lose you loyal customers who know your product under a different title.
When does an existing trademark expire?
Most countries give individuals and businesses ten years to register their marks. This is so that everyone can get some time to find out whether their mark is popular enough to keep them protected, or if they should rebrand or replace it.
Some nations reduce this period depending on the type of trademark being used, but none totally remove the protection. In these cases, there is a grace period after the expiration where you can still use the mark without violating copyright laws.
