How to Trademark a Business name for Advertising Agency?


When you are planning to start an advertising agency, it’s important to make sure that your name is unique. If someone else has already trademarked the same name, you may have trouble registering for a business license and even finding clients. To help avoid these problems, you can use a business name trademark checker tool. Simply feed in your desired name into one of these online tools and it will tell you if there are any potential conflicts with other businesses using similar names.

Step 1: Choose a business name with a good business name trademark checker.

The first step in trademarking your business’ name is to choose a good one. The following are some tips to help you do so:

  • Avoid any names that are already trademarked by checking the USPTO database for registered trademarks. If there is already one on record for your desired business name, you will need to change it before submitting your application with the Trademark Office.
  • Choose a name that is unique and memorable; this will increase its chances of being selected as a successful brand identity later on down the line when you start advertising or marketing your company in other ways, such as online platforms like social media accounts where people can follow along with updates about new services being offered by various companies around town!

Step 2: Complete the Trademarks Registration Application.

While you’re waiting for your application to be processed, there are a few things you can do to prepare for the next step.

  • Use the Trademark Electronic Application System (TEAS) portal to verify that your application has been received and assigned a serial number. If it hasn’t been received, contact the USPTO using their online form or by phone.
  • Conduct some research on no more than three similar marks in order to determine whether there are any conflicts with pending applications or registered marks.
  • Determine whether any third parties have an interest in having their own business name trademarked by conducting a comprehensive search of state and federal trademark databases.

Step 3: Wait for the application to receive its serial number.

Once you have received your serial number, you can use it to file a trademark application. It is also valid for filing a trademark application in other countries.

The USPTO will send you a notice when your serial number is ready.

Step 4: Wait for the first USPTO examination.

The USPTO will examine the application to determine whether it meets the requirements for registration. If the USPTO finds that your application does not meet the requirements, they will issue an Office Action that contains a list of deficiencies.

You should review any Office Actions carefully and respond with arguments explaining why you believe your trademark should be registered. This may entail providing additional information or evidence, such as copies of published advertisements or brochures from previous years if your business is already in operation, plus any other corroborating evidence that supports your assertions and clarifies why each requirement has been met.

Step 5: File a response to the USPTO Office Action.

If your application is granted, the USPTO will send you a notice of allowance. This is a big step toward getting your trademark registration! The next step is to file your official response with the USPTO within 6 months from when you received your notice of allowance (if no objections are filed). If you don’t respond within 6 months and an examiner at the USPTO believes that your application should have been abandoned, then it will be considered abandoned by default.

If this happens, it means that someone else could potentially trademark your business name in their industry or field before you do. Instead of waiting for someone else to beat them to it, now is a good time for owners of advertising agencies that want to protect their business names by filing trademark applications on them right away! It’s important not only because it protects them against others using similar names but also because they might get lost in cyberspace if no one can find them online anymore–which defeats one purpose behind having an online presence anyway: attracting potential customers who may need help with their marketing strategy needs.”

Step 6: Wait for publication in the Official Gazette (OG).

The USPTO publishes the Official Gazette (OG), a weekly publication of the USPTO. The OG contains all registered trademarks and pending applications. It is published every Thursday and contains information about registered trademarks, including the trademark owner’s name, address and registration number.

The OG is available on the USPTO website.

Step 7: Respond to third party oppositions, if necessary.

If you receive an opposition, you must respond within a certain time-frame. You can do this in writing or by submitting the required fee.

If you file your response through the mail and it is not received by the TTAB before their deadline, then your application may be abandoned. If this happens, you will likely have to re-file another trademark application with additional fees.

In order to defend against an opposition, you must provide evidence that proves why your proposed mark should not be rejected as an infringement of another party’s existing trademark rights (or why it should not cause confusion). This could include:

  • A declaration from yourself or others stating that they are aware of the existence of such third party trademark rights but don’t believe there is any likelihood for confusion between those marks and yours.
  • A declaration from yourself or others explaining how consumers would be able to distinguish between these conflicting marks.
  • A declaration from yourself or others explaining how consumers would be able to identify which products belong specifically to each business.
  • A declaration describing why no other businesses use similar names for similar goods/services in close geographic proximity.
  • Evidence showing that consumers associate one business name with another.

Step 8: Receive your Certificate of Registration.

Once your application has been approved and published, you will receive a Certificate of Registration in the mail. This is also available for download from the USPTO website, so if there’s a delay in receiving it and you need proof of your registration, this can be accessed online. If you have any questions about your trademark or how to protect it, feel free to contact us at (888) 733-1682 or by emailing!

The process is smoother and easier when you have legal assistance at each step along the way, helping to protect your rights, so that you can focus on what matters most — growing and promoting your advertising agency brand!

A trademark is a word, design, symbol or combination of these that may be registered with the U.S. Patent and Trademark Office (USPTO) to identify goods and services.

  • If you operate a business in the United States but are not yet registered with the USPTO as an owner of any trademarks, it is important to start the process now before someone else does it for you without your consent. Trademark registration can be time consuming and require assistance from an experienced lawyer who understands this process well enough to help guide you through all its complexities.


We hope this article has helped you understand the trademarking process for an advertising agency business name. If you’re looking for a lawyer who can help you through each step of the process, contact us today! We have years of experience helping clients get their trademarks approved by the USPTO and would love to help make your brand more successful.

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