How to Trademark a Company Name?
Introduction
If you want to protect your brand and build on your reputation, trademarking your company name is a crucial step. A trademark is a word, phrase, symbol, or design that distinguishes the source of goods and services from others. It gives customers assurance that they are purchasing something made by you or someone else with the same level of quality as yours. Trademarks can be registered at either the federal level or state level. Federal registration provides nationwide protection while state registration only applies to certain states within the U.S., though most businesses opt for federal registration because of its wider protection against infringement.
Step #1: Search for Similar Trademarks
The first step in the trademark registration process is to conduct a search of similar trademarks. A trademark search can be conducted online using the USPTO’s trademark database. The database allows you to search for similar trademarks currently registered with the USPTO, as well as other areas such as class and country. For example, if your company name is “Flowers 4 U,” you will want to conduct a search for both flowers-related and floral-related terms that are already registered with the USPTO. You may also want to check whether any similar trade names (for example, those used on websites) are already registered with certain types of organizations that might compete against your business or provide services related to yours (such as banks).
After conducting this initial search, if it appears that none of your competitors have applied for a trademark or have one pending, then it’s time for us!
Step #2: Filing a Trademark Application
After you’ve decided on a name, it’s time to formally register your company name and file a trademark application.
Using our online filing system is the fastest and easiest way to file a trademark application with the USPTO. You can also file by mail if you wish, though this option is more expensive and time consuming (and not recommended for those without prior experience).
Once your application has been accepted by the USPTO, it will be reviewed by an examiner who will determine whether there are any conflicts between your proposed mark and existing ones already registered with the agency. If no conflicts are found during this review period, your trademark will be published in the Official Gazette—a weekly publication of newly approved marks—and then advertised in Trademark Journal for 30 days after its publication date. During this period anyone who believes they may be harmed by use of another party’s mark may oppose registration of yours at no cost or risk (though their opposition must prove that there would indeed be harm).
Step #3: The USPTO Examines the Trademark
The next step in the trademark application process is for the USPTO examiners to examine your application. They will look at your mark and determine whether it meets the requirements for registration. If not, they might reject your application.
If the examiner finds no problems with your trademark, he or she will send you an official notice of acceptance, which notifies you that your mark has been approved for publication in a weekly newspaper called The Trademark Reporter. This publication gives other businesses and persons a chance to oppose or object to your registration within 30 days from its date of first publication by filing an opposition with their reasons why they believe this new mark should not be registered on their behalf (remember: someone else could already have applied for or be using a similar name).
Step #4: Respond to Office Actions
You can respond to the office action in one of three ways:
- Agreement: If you agree with the office action, you can sign the document, or mark an agreement checkbox on the form.
- Disagreement: If you disagree with the office action, you may file a response in writing stating why and how you disagree. This could potentially be done through an attorney if your response is complex enough. Otherwise, it’s probably best to hire one right away.
If neither of these two options works for your business or brand identity, then a third option exists: asking for reconsideration by filing an appeal with USPTO before they issue a final rejection or cancellation decision on your trademark application (see step #5 below).
Step #5: Publication of Your Trademark
Once you have your trademark registered, it is published for the public to view. The publication process is important because it allows third parties to see your company name and confirm that it has not been previously used.
If a trademark is published, no one else can use that name and claim rights to it. This means that after your trademark has been published, no one else can use the same name or something very similar in their business logo or product branding.
The U.S Patent and Trademark Office (USPTO) will guide you through this process as part of filing for a federal trademark registration; however, if you’re unsure about what steps to take next then contact an attorney who specializes in intellectual property law so they can help guide you through them while ensuring all paperwork submitted meets legal requirements necessary for successful completion of application process before deadline date arrives
Step #6: Responding to Oppositions and Appeals
After the trademark office approves your application, you may face opposition and appeal.
- Respond to oppositions. If someone feels that your company name is too close to their existing trademark (or if they’re just being mean), they can file an objection to your application. They must show evidence of a conflict between the two trademarks. You’ll have 30 days to respond with any rebuttals or additional evidence that shows why the trademark office should grant yours instead of theirs.
- Prepare for oral arguments. If you lose an opposition or appeal and need further review, prepare yourself for a live hearing before an examiner in front of other people who know about trademarks! Be prepared with all relevant documents, including any original use evidence (like invoices), which will help prove that you’re using your company name before someone else did—and therefore should be given legal rights over it. What happens if you lose? If the examiner still disagrees with you after hearing both sides out, they’ll send a final decision explaining why they don’t think this particular mark should be registered as yours.
Registering a trademark is critical if you want to protect your brand and build on your reputation.
Registering a trademark is critical if you want to protect your brand and build on your reputation. You may be thinking, “I thought trademarks were just for big companies like Nike or Coca-Cola.” That’s true, but registering a trademark also offers many benefits to smaller businesses. A registered trademark can help you:
- Help create a unique identity for your company
- Protect your company from potential lawsuits from other companies that may use similar words or logos in their marketing materials
Registering a trademark will help prevent this by giving the owner exclusive rights over their mark, including its use in advertising, packaging and even on clothing (e.g., shirts emblazoned with “Our Company Name Is Our Trademark”). This means no one else can register the same name or logo as yours without infringing upon it—and they’ll have to pay royalties if they do try!
Conclusion
You’re ready to trademark your company name! Now that you understand the steps to trademarking a company name, you can get started on this exciting and rewarding process.
