How do your Name and Logo become Trademarked

Introduction

If you are a company and want to protect your name, logo, or other visual features that identify your business, then trademarking your name and logo is a good idea. Trademarks can be filed as both federally registered and state-level trademarks. They provide legal protection against infringement by other businesses that may use similar names or logos as yours. Trademark registration is required to allow companies to protect their brands.

What is a Trademark?

A trademark is a word, phrase, symbol, or another device that identifies and distinguishes the source of the goods or services of one party from those of others. A service mark may be registered in addition to a trademark (in which case it serves as an identifier for services only).

A trademark registration should be sought to protect the name and logo you’ve created for your business. The United States Patent and Trademark Office (USPTO) provides information on how to register a trademark extensively on its website.

Trademark Registration

Trademark laws help consumers avoid confusion when buying goods and services. A trademark is not copyright (which protects expressive works like books, music, art and software) but rather protects brand names (like Apple), logos (like Target’s red bullseye), and slogans (like Nike’s Just Do It).

When you register your trademark with the United States Patent and Trademark Office (USPTO), it gives you nationwide rights to use your mark on goods sold in interstate commerce. You also have nationwide rights if you sell directly to customers across state lines; however, federal registration provides broader protection for more types of businesses than state registration does because it grants additional benefits such as:

• The right to sue infringers in federal court;
• A presumption of validity that can be challenged only by those who registered first or whose registration predates yours;
• The exclusive right to use the symbol ® after any mention of your trademarked name on packaging materials such as business cards or product labels;

Trademark Eligibility Requirements

Trademark eligibility requirements are the set of criteria that you need to meet before you can register your mark. If a trademark does not meet these requirements, the USPTO will refuse to register it. In general, your trademark must be unique and able to distinguish your goods or services from those offered by other businesses.

To be eligible for trademark registration, you must show that:

• You have used your mark in commerce (this includes selling products or services).
• You have a bona fide intention to use your mark in commerce (meaning you plan on selling products or providing services).
• The mark is not generic (it does not describe an aspect of what is being sold).

Trademark Application and Filing Process

In order to apply for a trademark, you will need to file an application with the USPTO. The application process takes about 12 months and costs between $275-$375 per class of goods and services covered by your application. Once you have applied for your trademark, it may be approved (or rejected) within 6 months or so. If your trademark is approved, it will remain valid as long as you use it in commerce.

Takeaway

If you are not eligible at the moment, we can help you resolve your trademark issues. We will examine all applications and assist in filing any necessary documents.

If your name or logo is not eligible for trademark registration due to confusion with another mark, we can help you resolve that issue as well. We offer a wide range of services to assist individuals and businesses with their intellectual property needs including trademark, copyright registration, patent protection and litigation support.

Conclusion

We hope this article has helped you understand the process of trademark registration and the eligibility requirements for it. If you are not eligible at the moment, we can help you resolve your trademark issues.