Introduction
There are several reasons why you should apply for trademark. If you require assistance with this procedure, we can put you in touch with an expert attorney who specialises in trademarks and other intellectual property matters.
The easiest strategy to protect your company name from unlawful usage is to trademark it.
The main purpose to register brand name is to prevent illegal usage. If you don’t, someone else may establish a comparable firm under the same name, which would be detrimental to both of you. Other elements of your firm will benefit from trademarking your name as well:
Your brand identity Your client base The value of your intellectual property Your business owner reputation
If there is a potential of confusion with another existing trademark, the USPTO will deny the application. Choose something distinctive and avoid registering trademarks that are too similar to one another.
The idea here is to choose something that not only differentiates your brand from competitors in your sector, but also makes sense for your product or service. Your brand name should provide answers to the following questions: who you are, what you do, and why clients prefer you over the competitors.
If you wish to use the symbol “®” after your company name, you must first register with the federal government (not just state registration).
Using the registered sign TM is an excellent method to inform customers that your company name is trademarked, but you cannot do so without first submitting for federal registration.
If you wish to use the symbol “®” after your company name, you must first register with the federal government (not just state registration). This entails paying an additional $225 and completing more paperwork, so if you’re just getting started and aren’t sure about registering your trademark yet, this isn’t going to be worth the effort.
If, on the other hand, you’ve been using a trademark symbol on all of your marketing materials for the previous few years, or if someone else has been using it first, it may make sense for them now that they have rights in their brand name (which falls under the UDRP).
To find out if your chosen mark is accessible, use the Trademark Electronic Search System (TESS) on the USPTO website.
The Trademark Electronic Search System (TESS) is the United States Patent and Trademark Office’s electronic database of registered and pending marks. TESS will help you determine whether your intended mark is available for registration by inputting your desired mark or a list of terms that you believe are linked to your business. For example, if you’re launching a “Awesome App” company, put “Awesome,” “App,” and any possible misspellings or other phrases (“Apps!?”). TESS will tell you whether the mark is accessible for registration and how similar it is to other trademarks already registered with the USPTO.
Consider trademarking your logo, tagline, or other aspects of your business identification. This will help prevent other firms from utilising these things, perhaps harming your reputation. -Can you tell me who you are and what you do? -What makes you stand out from the competition? – What distinguishes your brand from others in your industry? You must use a registered trademark symbol in conjunction with a real trademark if you wish to utilise it without seeking for federal registration. The good news is that utilising the TM sign is not difficult to learn: You may begin utilising the emblem on all of your marketing materials and goods right away.
Avoid Misunderstanding With The USPTO.
To avoid misunderstanding between trademarks and patents, ensure that any text or pictures right above or below the sign are clearly related—as if they were just another element of the symbol. The Trademark Electronic Search System (TESS) of the United States Patent and Trademark Office (USPTO) is the agency’s electronic database of registered and pending marks. TESS will help you determine whether your intended mark is available for registration by inputting your desired mark or a list of terms that you believe are linked to your business. For example, if you’re launching a “Awesome App” company, put “Awesome,” “App,” and any possible misspellings or other phrases (“Apps!?”). f?.
You can use the “TM” sign before or after your trademark to show that you are claiming it as a trademark, but if you want to sue people who use it without permission, you must register it with the USPTO.
Advantage Of Registered Trademark
The advantage of being able to sue others for using your mark is that once a firm has registered its mark, they must add the letters ® next to the name of their product or service. This notifies customers that someone else may be using it without their consent. This may assist businesses in protecting the value and equity of their brand by ensuring that consumers realise which goods are approved by them and which are not.
When filing a trademark application with the USPTO, you have three options: TEAS Plus ($225 per class), TEAS Reduced Fee ($275 per class), or TEAS Regular ($400 per class).
The most popular option is TEAS Plus, which provides a variety of advantages such as quicker processing and a simplified online filing procedure. It also gives you access to live support from a trademark attorney during the application process, which helps to guide your answers and verify the accuracy of your file.
Expense Of Trademarking
TEAS Reduced Fee is designed for smaller firms who cannot afford full-scale formalities but yet want expert assistance in applying for trademarks at a lower cost.
TEAS Regular (also known as Trademark Application) is for bigger firms who require assistance with pre-filing research but may file the application themselves using the TEAS Regular online system.
Apply for federal trademark registration to protect your company name.
Trademark filing with the USPTO is a serious affair. If you are preparing to start a new firm, you must determine whether or not to seek trademark protection.
If your company name is unusual and memorable, you may be able to obtain federal trademark protection without much difficulty—but be sure that the name of your firm or items hasn’t already been registered by someone else. If someone else has applied for registration of a similar mark before you, the USPTO will reject your application if they discover it before they approve yours.
To begin the process of obtaining trademark protection, go to https://www.uspto.gov/trademarks/trademark-process/. This page contains links to resources that can help you defend yourself from imposters who will try to exploit your brand names and logos unlawfully in order to steal sales from real businesses like yours!
Conclusion
I hope you found this essay informative. Trademarking your company name is a vital step in protecting your intellectual property and launching your brand.
