Is it Important to Trademark My Business Name?

Personally, or professionally, your business name is one of your most important assets. It tells people about your business and dictates a lot of professional fronts for you. As your company grows and expands its network, it builds a reputation in the market that needs protection. Therefore, it becomes your most valuable asset that must be protected at all costs!

In the United States, there are three main reasons why a company should consider trademarking its business name. As mentioned above, one reason is that it tells people about your business. The second reason is that it helps you dictate how your organization handles certain aspects of its professional fronts. Finally, another important aspect of having a registered trademark is that it provides protection for your business name from other companies going out and using the same name or logo as you do, thus hurting your business in a number of ways such as cluttering up search engine results pages with the competing company’s ads.

What Is a Trademark?

A trademark can be a symbol, character, or even a group of words specific to a product or service that sets it apart from its competitors.

Filing for a trademark protects it from being used illegally. You can file for trademark protection with the U.S. Patent and Trademark Office (USPTO).

Benefits of Trademarking Your Business Name

Generally, your trademark has common law protection as soon as it is used in the marketplace. This means that no other company can come along and use your business name, logo, or slogan without your consent. However, this protection is limited to your immediate geographic location and may be difficult to enforce. Common law trademark protection may be good enough for small local businesses, but if you want to expand your business beyond your local market, that is when filing for protection with the USPTO becomes essential.

Registering your trademark with the USPTO offers many advantages:

• Gain nationwide trademark protection.
• People conducting a trademark search will come across your trademark making its usability less likely.
• Your ownership becomes part of USPTO’s database making a public record of your ownership.
• Filing a lawsuit in federal court to enforce your trademark gets easier.
• US registration opens a gate for you to register your trademark in foreign countries.
• The registered trademark symbol ® can be employed when your trademark is registered.

The benefits of having a federally registered trademark are many and can help you expand your business beyond your local market or if you have an Internet-based business with nationwide scope. Not all business names are, however, eligible for trademark registration.

Names Eligible For Trademark Registration

Names most likely to be trademarked by the USPTO are those that are distinct. If a business name seems similar or confusing, it may get rejected. In addition, a business name is not eligible for trademark registration if it consists of the generic name or signature of someone who owns it. The USPTO also has a problem with business names that are misleading or likely to cause confusion.

Important things to remember about names that can be trademarked are:

• Made-up names are the easiest to trademark, for instance, “Google.”
• “Apple” computers also have a strong trademark. Apple is a common word but because it does not describe its products makes its usage unique and trademark-worthy.
• Descriptive business names are the most difficult to trademark. Nouns such as Christina Perri, geographical locations like “New York Pizza”, and titles that describe a product or a service, such as “Best Dry Cleaners” fall under descriptive names and are very hard to trademark. Unless you can prove that a business name has been utilized so much that people automatically associate it with a product or a service, the USPTO probably will not register it.

Trademarking Your Business Name

A good place to start before filing for a trademark is conducting research to ensure the name you are trying to trademark is available for registration. You can conduct a search by either using the USPTO’s Trademark Electronic Search System or hiring a trademark search service provider.

If your business name is unique and eligible to be trademarked, you can apply for it online. However, if your business name is not unique or if you are unsure about your eligibility for trademark protection, it is best to hire a professional.

The estimated costs for filing your trademark with the USPTO range from $250 to $350 per class of goods or services. Your registration is complete in about six months if you don’t come across any problems. However, it may take more than a year if the USPTO finds issues with your application and sends a non-final Office action your way.

Alternative Ways to Protect Your Business Name

Even if you choose not to register your business name federally, you can still protect it within your state by incorporating your business or registering a trademark with your state.

In the case that you form a business entity, a competitor will be forbidden by the state to run a business under the exact same name in that state. Even if you do not form a business entity, you can still be entitled to protection by registering a “DBA” or a trade name with your state.

The benefits of a federally registered trademark clearly make it a better option. If you’re unsure about whether or not your business name is eligible for federal protection, we’re here to help! Let us know if you need assistance filing your application and we’ll take care of everything – from researching available trademarks in your industry, filling out paperwork online, and more! We’ve got you covered every step of the way.