If you’ve spent time finding the perfect business name, you want it to be yours and not to be shared by others, right? Well, the best way to do this and protect your name is by trade marking it.
1. Understand what a trademark Is
A trademark is a legal protection that gives you exclusive rights to use your business name, logo, or slogan in connection with your goods or services. It prevents others in the same industry or market from using a similar name that could confuse customers.
2. Conduct a trademark search
Before you apply for a trademark, it’s essential to ensure your business name isn’t already in use. Here’s how:
- Search the USPTO database (or equivalent in your country): In the United States, you can use the USPTO’s Trademark Electronic Search System (TESS) to look for existing trademarks. This will help you find out if a similar name is already registered or pending.
- Check common law trademarks: Not all trademarks are registered with the USPTO. Check business directories, domain names, social media, and online searches to see if the name is used by other businesses.
- Hire a trademark attorney (optional): For a more thorough search, consider hiring a trademark attorney. They can identify potential conflicts that might not be immediately obvious.
3. Decide on the type of trademark
Decide what you want to trademark:
- Standard character mark: Protects the name itself in any format, regardless of design or font.
- Design mark (logo): Protects a specific design or stylised version of your name.
- Combination: Protects both your name and the design elements together.
4. Choose the correct class of goods or services
Trademarks are registered within specific classes that represent different types of goods or services (e.g., clothing, food services, software). You must choose the appropriate class that reflects your business. The USPTO has 45 classes, with 34 for goods and 11 for services.
- Identify your class: Review the USPTO’s Acceptable Identification of Goods and Services Manual to find the class that best fits your business. You can register for multiple classes if your business spans different areas, but this will increase your fees.
5. Prepare your application
Gather the necessary information for your application:
- Business name and contact information: Your name, business address, and contact details.
- Description of goods or services: A clear description of the products or services your business offers under the name.
- Specimen of use: If your trademark is already in use, provide a specimen showing how your name is used commercially (e.g., product labels, website screenshots).
- Design elements (if applicable): If registering a logo, you’ll need to provide a digital image of it.
6. Submit your trademark application
You can submit your application online through the USPTO’s Trademark Electronic Application System (TEAS). The main steps include:
- Choose the application type: TEAS offers different forms, such as TEAS Standard and TEAS Plus. TEAS Plus is cheaper but has stricter requirements, while TEAS Standard offers more flexibility but at a higher cost.
- Fill out the application: Provide all the required information, including your business details, class of goods or services, and specimen if applicable.
- Pay the filing Fee: Fees range from $250 to $350 per class, depending on the application type.
7. Monitor your application status
After you submit your application, the USPTO will review it. Here’s what to expect:
- Examination: A trademark examiner will review your application within three to six months. They’ll check for conflicts, compliance with rules, and correct classifications.
- Office actions: If there are issues, you’ll receive an “office action” detailing the problems. You’ll have six months to respond and make corrections.
- Publication: If approved, your trademark will be published in the USPTO’s Official Gazette, allowing others to oppose it if they believe it conflicts with their existing trademarks.
8. Receive your trademark registration
If no oppositions are filed, your trademark will be registered, and you’ll receive a registration certificate. From here:
- Maintain your trademark: You must actively use your trademark and submit maintenance documents periodically (e.g., every 5-10 years) to keep it active.
- Enforce your trademark: It’s your responsibility to monitor for infringements. You can take legal action if someone uses a name that’s confusingly similar to yours.
Trademarking your business name is a valuable investment and could protect your brand. While the process involves several steps, it secures your rights to your name, helps you build brand recognition, and prevents others from capitalising on your business’s success. If in doubt, consider consulting a trademark attorney to navigate the process smoothly!
