DO I NEED TO PATENT MY LOGO REGISTRATION
The USPTO may also deny your registration if your business name is confusingly similar to an existing trademark.
These include personal names, such as Ben & Jerry’s ice cream location names, such as “Chicago Pizza ” and names that describe a product or service, such as “Best Carpet Cleaning.” The USPTO won’t register a trademark for a descriptive name unless you can also show that the name has been used so much that people automatically associate it with your product or service.
Descriptive business names are the hardest to trademark. Examples are ‘Greyhound” bus and “Goo Gone.” Names that suggest a product without describing it can also be trademarked. Names that use existing words in unique ways-such as “Apple” computers-also make strong trademarks. “Coined” or made-up names like “Xerox” are the easiest to trademark and receive the strongest protection. The more distinctive the name is, the easier it is to trademark. The USPTO will only register business name trademarks if they are distinctive and not likely to be confused with an existing trademark. However, not all business names are eligible for trademark registration. The numerous advantages of trademark registration have led to millions of trademarks being registered with the USPTO. Registration gives you the right to use the registered trademark symbol, ®. registration may allow you to register your trademark in other countries. This is helpful if you ever need to sue someone to enforce your trademark. Registration creates a legal presumption that you own the trademark and can use it for the goods and services listed in your trademark application. You can file a lawsuit in federal court to enforce your trademark. People who conduct a trademark search will see your trademark and may be less likely to use it. Your trademark ownership becomes part of the USPTO’s database, creating a public record of your ownership and the date you began using the trademark. You'll have nationwide trademark protection. If you register a trademark, you gain several advantages: That may be good enough for a small local business, but may not be much help if you have an Internet-based business with nationwide scope. You may be able to stop other people from using your mark, but only in your immediate geographic area. If you use your trademark but don’t register it with the USPTO, you have common law trademark protection. 
Advantages of trademarking a business name For additional protection, you can register a trademark with the U.S. You acquire a trademark by using your mark in commerce-in other words, using it when you conduct your business. Business names, product names, logos and labels can all be trademarks. Whether you should register a trademark for your business name depends on your business's geographic scope, the type of name you have, and whether you have the time and money to file a trademark application.Ī trademark identifies the source of goods or services.
Those are strong protections, but it will be up to you to monitor unauthorized uses of your name and take steps to stop them. The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court. If a competitor starts using your name, you’re not likely to be happy about it.īut what if you trademark your business name? Will that prevent other businesses from using it? It’s a symbol for your reputation, and it’s how you’re known to the outside world. Your business name is one of your company’s most valuable assets.
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