Do you have a great name for your business, product, or author? Before you go any further, make sure to trademark it. A trademark is a unique identifier that can distinguish your product from those of others and help you reap benefits from your brand.
A trademark is a protected form of words that indicates to the public that you are the intellectual property rights owner in the name. It allows you to prevent other companies from using similar names and materials without your permission. Several steps need to be followed to obtain a trademark.
How trademarking a name is beneficial?
There are numerous benefits to trademarking your name.
- The first is increased brand awareness. When potential customers see your name on products or services, it can give them confidence in purchasing from you. This can create loyal customers and positive word-of-mouth marketing through online reviews.
- Additionally, it can help protect your intellectual property rights if someone were to copy or produce your product without permission.
- Finally, by registering a trademark, you may qualify for government grants and commercial licensing opportunities.
By taking these steps early in the process, you can maximize the potential for success for your business venture.
Trademarks come in two varieties: registered and unregistered. Registered trademarks are more significant and can last longer, but unregistered trademarks can be used more easily and are less likely to be challenged. There are four primary ways to trademark a name: by applying with the U.S. Patent and Trademark Office, using a trademark search engine, using a pending status registration with the USPTO, or using commerce.
Is trademarking a name possible?
You must use your name in the business to register it with the USPTO as a trademark. A famous person or celebrity can register their name as a trademark because it also serves as the name of their company. You cannot register your name as a trademark if, like most people, you use it personally.
The truth is that you can only trademark a name if you utilize it for your company. Additionally, you must demonstrate that when someone hears your name, they are likely to think of you and your products or services. Registering a trademark for your name might be a good idea if you utilize it for your business and the general public is familiar with you.
If your name is likely to be confused with another registered trademark, you cannot trademark it. Therefore, if two trademarks relate to the same class of goods or services, they cannot be similar. You face one more challenge that may be challenging to overcome if you use your name for business purposes, and it is not likely to be mistaken for another trademark—at least until you have been doing so for a while. You generally can’t register your name as a trademark unless it has an additional meaning, typically gained through advertising or prolonged use, as personal names fall into a trademark category of illustrative marks. This indicates that your brand is so well-known that when people hear it, they immediately think of your products or services.
Registering a trademark for it is an excellent method to safeguard yourself from those who might benefit financially from using your name without your permission. It might also be helpful if you’ve been the target of cybersquatting. Everyone can’t trademark their name; you need to utilize it in your business, and there needs to be a good chance that customers will link your name to the services or products you offer.
A trademark registration application can be submitted online. The items or services connected to your name must be specified in your application, and your trademark will cover only those. Depending on the kind of trademark you have and any complications that come up, it can take years for the trademark office to register your trademark.
Before registering a name as a trademark, you should always do a trademark search to ensure your application is accepted due to a likelihood of confusion with already registered names. The USPTO’s digital trademark database can be used for this purpose, or you can use a trademark search service to conduct a more thorough search.
Conclusion
Trademarking a name is important to protect your investment, but it takes work. Before taking action, make sure you have all the relevant information and consult with an attorney if necessary. If your business or individual has a great name, it’s important to protect it. There are various ways to trademark a name, and the right one for your specific situation depends on the particulars of the name and your business.
Disclaimer-Brealant provides access to independent attorneys and self-service tools, is not a law firm, and does not provide legal advice.
