Should I Register a Trademark Online as an Individual?

Introduction

If you are looking to register a trademark online, then you must follow the correct guidelines. You should not register directly as an individual. Instead, you should file for your trademark through your business’s legal representative or corporate attorney.

You must have a Business name Registered with the State

You can’t register a trademark as an individual. You must have a business name registered with the state, and you must have an exact match of that business name that is registered with your state on file to register as a trademark. You also must be in the same line of business.

To begin the process of trademark registration, you must have a legal business name. This can be a name that has been approved by the state or one that has not yet been filed with them; the former is more common in California, and the latter is more common in other states.

If you already have an approved business name, this can be registered online with your state’s secretary of state office. If your business name is not yet approved by your state (or if you are unsure if it’s been approved), then it must first be submitted through mail or in person to register with the appropriate agency before submitting for trademark registration.

You must Follow the Correct Guidelines to Register a Trademark

You must have a good faith intention to use the trademark in commerce. You can’t just register a trademark because you think it’s cool and wants to keep competitors from using it. You also cannot register trademarks that are generic, descriptive, or otherwise unlikely to be confused with another mark (for example, “Apple” as an apple brand name).

Additionally, you must be using the trademark in connection with goods or services. The USPTO will reject your application if they deem that your intended use of the mark is merely an intent to reserve rights for future use without any current commercial activity connected with those goods or services.

Finally, you cannot file for federal trademark registration if you are not using any part of your proposed mark at all—you should be able to provide evidence that someone else is selling products under this name before applying for protection.

Conclusion

If you want to register a trademark, it is important that you follow the correct guidelines. You must be sure that your business name is legally registered with the state before registering as a trademark. You can speak with an attorney about this process or visit the USPTO website for more information.