Should I Trademark my Upcoming Business Name?

Choosing a name for your business is a very important decision. You want it to reflect the essence of what your company does, while also being easily remembered and identified by customers. When you’ve finally chosen the perfect name for your new business, you’re sure to want to protect it from theft. If you operate your business using your name, this does not mean you have a trademark. In order to get an official trademark registration, the trademark must be used in commerce in connection with all the goods and services listed in the application. It’s easy to understand why businesses may want to protect their names by registering them as trademarks.

What is a Trademark?

A trademark is any term, phrase, symbol, or design that serves to identify and separate the source of a given party’s goods from those of other parties. In other words, it can be any combination of words, letters, numbers, and images used to identify your brand.

Trademarks are typically seen in the form of logos and slogans. For example, Nike’s swoosh logo is its primary trademark. Its slogan “Just do it” is a secondary trademark. The usage of both trademarks helps consumers identify who makes what product (Nike), what it does for them (sports), and why they should buy it (athletic performance).

Steps to Trademark Your Business Name

Once you’ve finally chosen the perfect name for your new business, you’re sure to want to protect it from theft.

You can do so by trademarking your business name. Here’s how:

• File an application for federal registration of a mark, which requires filing a statement of use (informing the USPTO that you’re using it). This is done within six months after you file your application; otherwise, the process will be abandoned and you’ll have to start over again. The fee is $225 per class of goods/services listed in your application and up to five colors in black-and-white drawings or photographs (each additional color or shade will cost $100 extra). Keep in mind that this isn’t an official trademark until granted by the USPTO—so don’t put any “TM”s on anything yet.
• Get a certificate of registration from the USPTO once approved (generally within four months), which costs $1000 plus any fees incurred during prosecution due to amendments requested by parties other than the applicant(s). Once issued, this certificate serves as prima facie evidence that the applicant has exclusive rights in mark sought to be registered as required under 15 USC §1062(a), and may be used against others who infringe upon those rights under 15 USC §1141(b)(1) & 1141(c)(1).

Purpose of Trademarking a Business Name

Trademarking your business name means that you have the exclusive right to use it in connection with your goods or services. For example, if you’re opening a bakery and want to call it “Cupcake Central,” this is basically what you can do:

• You can use the name Cupcake Central on all of the marketing materials for your bakery (stuff like flyers and business cards).
• You can also use the name Cupcake Central when advertising online or off, so long as it’s clear that the business is yours.

While trademarking may seem like an obvious choice for any new entrepreneur, there are some important things to consider before rushing headfirst into this process. Trademarks are not automatically granted just by using someone’s name or logo; instead, they must be registered through an official government system before anyone else has taken control of them. If someone else were able to get a trademark first and then try to prevent you from using their mark in any capacity—whether via legal action or simple bullying—you’d be forced out on both fronts: no one would be able to associate their brand with yours while businesses couldn’t reference yours without risking legal action themselves.

It’s easy to understand why businesses may want to protect their names by registering them as trademarks.

You might have heard that a trademark is a great way to protect your business name. After all, it’s important to do everything you can to protect your brand and avoid any potential legal issues or confusion with customers. So, why wouldn’t you register your company’s name as a trademark?

Trademark Registrations are made on either a State or Federal Level

• State vs federal trademark registration: Trademarks are registered on either a state or federal level. Federal registration is more expensive and difficult to get, but it’s important for businesses that want to expand internationally. State registration is cheaper and easier, but many small businesses can get away with just a state trademark.
• How do I decide which one I need? If your business has national aspirations, you should consider registering your trademark on the federal level. If you’re just planning to stay local, we recommend doing both state and federal trademarks because they offer different levels of protection (more on this later).

Registering trademarks at the state level is often less expensive than registering them federally.

If you are registering a trademark at the state level, costs vary by state. Some states charge as little as $40 for registration; others charge more than $500. If you want to register your trademark at the national level, which is often more expensive than registering it at the state level, it may cost from $100 to $200 plus additional fees for each class of goods or services associated with your business name. The US Patent and Trademark Office (USPTO) charges fees based on how many classes of goods or services are referenced in your application.

If you decide not to register your trademark federally but rather only at the state level, note that this will not protect against infringement by anyone in other states who uses an identical mark on similar products or services; however, if someone else registers their mark with an attorney anywhere in any state(s), they could sue in federal court if they believe that person is infringing on their rights under federal law—even if there was no intent to do so when originally created.

Conclusion

As you can see, there are many factors to consider when deciding whether or not to trademark your business name. It’s important to keep in mind that a trademark is a valuable asset; one that can be used to protect your brand and also increase its value. However, the cost of filing a trademark application varies depending on the type of applicant (individual vs. corporation), where you file your application, and what kind of company name is being registered. In addition, remember that trademarks may only be granted on certain terms. They may expire after 10 years or become abandoned if they are not used within five years after registration has been approved by USPTO (United States Patent & Trademark Office).