Can I Trademark a Name if I Don’t Own a Business?

Introduction

While you might think that you need to have a business and products or services for sale in order to get a trademark, this is not actually true. Anyone can trademark a name, whether they are an individual or a business owner. However, your ability to do so depends on whether the name is associated with some product or service that is being sold across state lines. In addition, if someone else has already obtained a trademark on their similar brand name(s), then you may not be able to obtain one yourself unless there is no possibility of any confusion between the two names (which would be unlikely).

You can trademark a Name even if you don’t own a Business

You can trademark a name even if you don’t own a business. To do so, however, you must be using the name with your product or service and in commerce. You also cannot cause confusion in the marketplace with someone else’s trademarked name.

For example, let’s say that there is already a well-known brand called “The Example Company.” You could not use this name for your new company because it would cause confusion among consumers who might think they’re buying from the already existing company instead of yours.

You can trademark a name without owning or operating a business, but you must be using the name with your product or service. A person or business cannot simply file for trademark protection because they like the way their name sounds or looks.

If you don’t have any products or services that incorporate your proposed trademark, then you won’t be able to file for it. However, if you think that a potential future use is likely and that it qualifies as “use in commerce,” then this may be worth looking into further.

Trademark Protection

Trademarks are used to identify the source of a product or service in the marketplace.

They can be phrases, symbols, or even designs that help consumers distinguish one company’s products or services from those of other companies.

Trademark owners have the exclusive right to use their marks on their goods/services, and they may prevent others from using similar marks on related goods/services that are likely to cause confusion among consumers (and thereby dilute the “value” of their trademark).

No one likes getting legal letters demanding that you either change your name or pay a royalty for using it.

If you are using a name with your product or service, and you want to prevent others from using it without permission, then trademarking that name might be an option for you.

A trademark is not the same as copyrighting a work of art like a song or novel. Trademarks are used to protect names, words, phrases, and logos from being used by others in ways that might confuse consumers about who made the product or service. A trademarked name can be registered with the U.S. Patent and Trademark Office (USPTO).

Takeaway

In general, to obtain trademark protection, you have to use the name in commerce – meaning you have to sell products or services under that name – and you cannot cause confusion in the marketplace with someone else’s trademarked name.

That being said, it’s possible for a non-business owner to register a trademark if they meet all of these requirements:

• The mark must be used in connection with a good or service.
• The mark must be used as an indicator of source.

Conclusion

In general, to obtain trademark protection, you have to use the name in commerce – meaning you have to sell products or services under that name – and you cannot cause confusion in the marketplace with someone else’s trademarked name.