How to Protect a Trademarked name?


The following article contains all the required information for you to know how to protect a Trademarked Name. There are many reasons why you would want to protect your trademarked name, and they range from simple to complex. For example, if you are in business and have a brand that has become quite successful in the marketplace, it’s important for you to protect your brand. If someone else tries to use a similar name or logo for their own business, this can cause confusion among customers who may think that both companies are related or somehow connected when they are not.

Trademark Protects your Business Name.

As a business owner, it is your responsibility to protect and profit from your trademarked name. If someone infringes on your trademarked name, they can cause serious damage to not only the reputation of your company but also the bottom line.

Why get a trademark?

A trademark is simply any word, symbol, or design that identifies and distinguishes one business’s products or services from those of others. A registered trademark gives legal rights to its owner to prevent other businesses from using it without permission. It allows companies to use their unique names in advertisements and promotions without worrying about someone else trying to copy them as well as allowing them exclusive rights over the use of their brand name by others within an industry sector if applied correctly through a proper registration process under the law

Get a Trademark for a Business Name.

Before you can protect your business name, you have to get a trademark for it. There are two ways to do this:

  • The first option is to register the name with the US Patent and Trademark Office (USPTO) as an “incontestable” trademark. Once it’s been registered, you’ll be able to use the ® symbol after your company name in all public communications without having to worry about someone stealing it from you later on. This means that if someone ever tries to copy or sell a product under your business’s brand name, they will be breaking federal law because they’re using something that belongs exclusively to one business—namely yours!
  • The second option is not registering at all but simply using common law rights instead of going through official channels with paperwork and fees. If no one else is using the same name or something close enough (e.g., “Joe’s Deli”), then this method works well enough for most businesses since there aren’t too many complications involved when protecting yourself against others trying on their own time and money

How to Trademark a Logo.

A logo is a graphic mark that is used to identify a business or brand. It can be a word, phrase, symbol, or even an image. So what is a trademark? A trademark is any word, name, symbol, or device that distinguishes the source of products or services from others in the market and creates an association between its owner and product/services.

How to register your logo?

To apply for registration of your Logo as a Trademark you need to file WIPO (World Intellectual Property Organization) application form TM1a along with the following documents:

• Your logo sketch showing all elements of design;

• The completed form TM1a;

• Fee payment receipt if paid online;

• A complete list of goods/services sold under your protected mark together with their corresponding international classifications from Nice Classification

How to Register your Business Name.

  • Register your business name with the state where you do business.
  • If you are incorporated in Delaware, for example, you must register your business name as “XYZ Corporation” or “XYZ LLC” with the Delaware Secretary of State before filing your articles of incorporation. You should also expect to pay a non-refundable fee of $15 plus $5 per authorized share.
  • Similarly, if you are doing business in California, it is imperative that you register your company with the California Secretary of State before filing articles of incorporation and paying a similar fee structure (the cost varies by entity type).

Summary: How do you protect your name?

  • Register your business name with the USPTO.
  • Register your business logo with the USPTO.
  • Register your business name and logo with your state of incorporation, if applicable (for example, if you have a limited liability company or corporation).
  • Register your business name and logo with any state where you do significant work or have an office/warehouse/manufacturing facility, or other physical presence thereof (for example California).


The USPTO is responsible for registering trademarks in the United States. Registering a trademark through the USPTO can be a lengthy and expensive process. The benefits of doing so, however, are numerous: it provides legal protection against unauthorized use of your brand name or logo; allows you to recover damages if someone else uses your mark; and gives you an advantage when filing for federal trademarks (which are recognized in all 50 states).


The process of applying for a trademark is not as straightforward as one might think. It can be a daunting task for those unfamiliar with the law and the USPTO’s rules, but it is well worth the effort to protect your name and logo. To protect your brand, it is important to understand what can and cannot be trademarked. The best way to do this is by consulting a lawyer or doing your own research.

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