In business, reputation is everything. Businesses that care about their brand identity should take steps to secure the exclusive use of their chosen name by registering it as a trademark. Protecting a company's intellectual property by registering a trademark is crucial in the expansion process.
You should begin the trademark application procedure on the U.S. Patent and Trademark Office website. While the application shouldn't take too long, being approved can take a few months. Learn the ins and outs of registering a trademark for a name in 2023 right here.
What's a Trademark?
A trademark is "any term, phrase, symbol, and design which identifies and differentiates the source of the products of one party from those of the others," according to the United States Patent and Trademark Office (USPTO). Registering a trademark is the only means to legally establish and enforce the trademark owner's rights to the mark.
Branding Your Company Name
You may apply for a trademark with only four easy steps, but it could take six months or more to receive final clearance. The minimum application fee is $250. However, the final cost might be significantly higher if a lawyer is needed and the trademark covers more than one class.
The paperwork involved in applying for a brand is essential; nonetheless, you should still take your time and do your homework. The trademark application procedure is rigorous; therefore, using is no assurance that you will receive a trademark.
Figure Out Whether You Need a Trademark
Some trademark protection is afforded just by using a specific name for a firm, although this is typically only the case if the company can prove that it was the first to use the word in its field.
Often, the jurisdiction of these standard law rules is limited to the region immediately around the place where the term is employed. Only once a trademark has been registered may a company take legal action against the theft or abuse of its name at the federal level.
Check for Similar Trademarks
The Trademark Electronic Search System (TESS) may be used to search for similar trademarks already used by the patent office. The USPTO will not register the brand if it is likely to be mistaken with an existing trademark. Thus this step must be taken before you file for registration. Therefore it's best to search not just for the same name but also for variants and similar expressions.
Have Your Application Ready
More crucial than ensuring a brand or phrase still needs to be put in use is providing the application is as thorough as possible, which may take a lot of time. To complete an application, you'll need to gather the following data: The applicant's full legal name, mailing address, and contact information. It might be a person or a company.
Submit Your Application
The Trademark Electronic Application System (TEAS) offers two filing options: TEAS Basic and TEAS Plus. While TEAS Plus may be a cheaper filing alternative, only some are qualified to use it. Use a generic description of your product or service from the Trademark ID handbook if you want to enter it into TEAS Plus.
Why You Need a Trademark for Your Company
When a firm or individual registers a trademark, they gain the exclusive right to use that mark in commerce across the country in connection with the goods or services for which the pattern was initially registered.
Giving yourself legal recourse against copycats who engage in such sleazy, underhanded behaviour deters them from using the brand or developing identities that sound similar to fool people. Another advantage of trademarking is the legitimacy of using the symbol next to a name legally.
Trademark Restriction
There are boundaries to trademarks. The USPTO registered trademarks but does not have the authority to enforce them. As the trademark holder, you must keep an eye out for and pursue trademark infringers.
Although there are methods for registering a trademark worldwide, a U.S. trademark will only protect your name within the United States. A brand will lapse after ten years if it isn't renewed. A trademark differs from a federal tax ID and cannot be used in place of a state business license.
Copyright vs Trademark, LLC, DBA, and Business License
A trademark is not the same as a copyright, an LLC formation, a doing business as (DBA), or any other type of company certification or licensing. LLCs are legal entities that can be established on the state level. When you incorporate your firm as an LLC, you have legal protection from using the same name as any other companies in your state.
Registration of a company name as a DBA at the municipal or state level only sometimes affords protection against other businesses using the same name. Copyrights safeguard creative and literary works. Copyright laws may protect logos, but names are not.
