Here’s The Process Of Trademarking A Name In The United States

 Trademark a name is not hard provided you know what to do. It can be as easy as conducting a name search at the United States Patent and Trademark Office (USPTO), filing a trademark application with the USPTO, and replying to any office actions and oppositions that might come up.

Trademarks offer you a special right to use certain phrases, words, designs, or symbols to recognize your business. Thus, to trademark a name, you should be using it “in commerce," or you should intend to use it in the near future. In short, you can trademark a business name, but not a name that you only use for individual purposes.

Trademark applications are frequently refused as there is a “likelihood of confusion" with pending registration application or another registered mark. There is a possibility of confusion in case:

• Two marks are the same, and
• They are used on associated goods and services.

Every trademark application should specify the kind of goods or services that the trademark will be used on. When similar marks are used on related goods or services, customers are likely to assume mistakenly that they come from the similar source.

Understanding how to trademark a name is essential to your business. Trademarking a name is a three-step procedure that entails carrying out a trademark search, filing an application with the USPTO, and responding to any problems that come up promptly.

• A trademark search assists you find out prospective online trademark Registration issues before you file a trademark application or invest money and time in your business name. A basic search questions the USPTO database for trademarks and imminent applications that go with your business name. The search results can alert you to the possibility that your trademark application will be denied based on the possibility of confusion with an obtainable trademark. A more wide-ranging search will also search business directories, state trademark databases, and the internet usually to identify other names that are the same as or equal to your proposed business name. These names might not be registered trademarks, but they might have state or common law trademark protection in their geographic area. Your name may infringe on these trademarks, causing you lawful and marketing dangers down the road.
• To trademark names, you should file an application with the USPTO. You can apply online using their Trademark Electronic Application System. Your application should comprise:

1. The address and name of the mark's owner
2. The name you want to guard
3. The services or goods for which you want to register your name
4. The basis for your filing: either use in commerce or intent to use
5. If your filing is based on use in commerce, a specimen such as a package or label that shows your name in use; if you file on intent to use basis, you will offer this later.

Notice of your application will be published in the online Official Gazette, and other individuals will have a chance to oppose it. If there is opposition, you may require legal assistance to resolve it. After any opposition has been determined, your mark will be registered if you filed on the basis of use in commerce. When the registration is complete, you may start using the registered trademark symbol, ®, next to your name.