Trademark a Company Name (Must Know Facts)

A trademark is a special, unique symbol used to identify a particular company’s goods or services. This can be a design, an image, a character, or even an expression. This is important as it will differentiate your product from the competition. It can be associated with brands and products. Trademarks are classified as intellectual property and are therefore protected from infringement. Trademarks and their rights are protected by the Trademarks Act 1999. If you are wondering to know about trademark a company name.

To get receive trademark protection, a trademark must be registered. Registering a trademark is important. This prevents others from copying your trademark or misrepresenting other products under your brand. The trademark recognizes the brand and its equity in the brand by its appearance.

How Do I Protect My Business Name

There are a few different ways to protect your business name:

Trademark registration: One of the most effective ways to protect your business name is to register it as a trademark with the United States Patent and Trademark Office (USPTO). This will give you exclusive rights to use your name in connection with the goods and services you offer, and it will prevent others from using a similar name that may cause confusion among customers.

Common law rights: Even if you don’t register your business name as a trademark, you may still have some legal protections through common law rights. These rights come from using your business name in commerce, and they can prevent others from using a similar name in the same geographic area.

Domain name registration: Registering your business name as a domain name can also help protect it by preventing others from using that name as a website address.

Incorporating or forming an LLC: Incorporating or forming an LLC will give you an official business name, and give you legal protection as a separate legal entity, this mean any liabilities are separate from your personal ones

What is company name trademark registration process?

Below are the steps for company name trademark registration.

1. Trademark search

Provide important details about the trademark application you wish to file online and your business area, and our team of specialists will thoroughly scan our trademark database. This is done to determine if the trademark you are trying to register is already in use.

2. Class selection and document collection

The next step is to choose the right class for your business. Our experts will help you choose the right lessons to address all elements of your business. At the same time, you can start uploading all the important documents to apply for your trademark online in your dashboard.

3. Trademark application

After uploading, all documents fill out a trademark application. Once your registration is complete, be updated on the process and look out for trademark registration alerts. 

Congrats! your application is now complete and you can now use your TM icon!

4. Trademark opposition (if applicable)

Examiners may occasionally ask questions about your application. You have 30 days to respond to this trademark infringement complaint sent to you. Trademark specialists can assist you in submitting relevant and supporting documents and drafting a persuasive counter-argument.

5. Trademark opposition (if applicable)

Third parties may object to your application. In this scenario, you must provide the registrar with a counter-notice within two months explaining why the counter-notice is invalid. The Registrar may decide to dismiss the appeal or schedule a hearing based on your responses. 

How Much Does It Cost to Get a Company Trademarked

The cost of trademark registration can vary depending on a number of factors, such as the type of trademark you are registering and the services you use to help you through the process. Some costs to consider when trademarking a company include:

Filing fee: The USPTO charges a filing fee for each trademark application. It charges  fee according the class of goods or services. The number of class that you need to register is based on how you intend to use the trademark.

Legal fees: Some people choose to work with a trademark attorney or lawyer to help them through the registration process. The cost of legal services can vary depending on the attorney and the services they provide.

Search fee: A Trademark search is an important step to clear any potential legal issues when registering your trademark, this cost can vary, but it is not an obligatory step, and some people opt to conduct the search themselves.

Renewal fee: Trademark registration is valid for 10 years, and you will have to renew it every 10 years, after that you have to pay  the fee for renewal.

Monitoring services: It might be beneficial for you to monitor for any infringing trademarks and take action against them, this service can be costed  by monthly.

How Long Does a Trademark Last

Trademark registrations are valid as long as you intend to maintain them. Once granted, a trademark does not expire as long as it is used for the purpose for which it was registered. Trademarks do not give you ownership of the words, phrases, or images. You grant rights to the words, phrases, or images used to identify the services or goods listed in the Registry.

However, just using it is not enough. It must prove to the USPTO that the trademark will continue to be used by filing a Section 8 statement between fifth anniversary and sixth anniversary of registration. This is a simple affidavit.

In the 10th year of registration, real proof is required. This can be an image of the product or service that uses the trademark. You should do this every ten years.

What Are the Three Types of Trademark

There are four types of marks:

1. Descriptive marks describe at least two elements of a product or service.
2. An imaginative brand is a word, phrase, or logo that is different from all others, such as B. Sony.
3. Arbitrary marks are everyday words, phrases, or logos that are used in a unique way in business. Amazon and its hybrid Smile Arrow logo are good examples.
4. Implicit marks imply meaning rather than directly saying such as Target’s logo.

How to copyright my company name?

Below is the process to apply for copyright your company name.

1. The application must be filed to the Registrar in Form IV format along with the required fee.
2. An application containing all information and a description of the information in accordance with Form IV (Annex 2 of the Act).
3.  Both the applicant and the Vakalatanama or attorney to whom the Power of Attorney (POA) has been issued must sign the application.
4. After submission and confirmation of the application by the copyright registration agency, a waiting period of at least 30 days is required to challenge the application.
5. The examiner will review the application for objection if no objection is raised within 30 days. If not, the logo copyright registration is completed and the extract is passed to the registration agency for registration in the Copyright Register.
6. If the objection is received within 30 days, the examiner will attempt to persuade the opponent to withdraw the objection. After obtaining the necessary answers from the third party, the examiner will send the written opposition to both parties for examination, and then conduct examinations for both parties.
7. The applicant will receive a Notice of Dismissal of the Application as soon as the Examiner rejects the application.
8. If the objection is not resolved, this marks the completion of the copyright logo registration process. 

What Is the Difference between Copyright and Trademark

There are two of the most commonly confused intellectual property rights copyright and trademark. Understanding the difference between the two is important if you are in the business of creating your own products to place in your trade flow.

Trademark:

A trademark is a symbol, logo, design, word, phrase, color, sound, or combination thereof used to trade goods or provide services. It indicates the origin of goods and services and distinguishes them from other goods and services. Grants you exclusive rights to use the product or service trademark.

Copyright:

Copyright is also a tool for protecting intellectual property, generally in the form of literature, sound recordings, paintings or sculptures, books or poetry, or scripts.

Grants the creator of the work the exclusive right to copy, reproduce or publish the work, especially for making money. No copyright registration is required.

What is difference between company name and trademark?

A company name and a trademark are two distinct things that serve different purposes.

The company name is the official name of the legal entity. It is the name under which the company is incorporated or registered with the government. Company names are used for legal and administrative purposes, such as filing taxes, obtaining licenses, and registering trademarks.

In contrast, trademarks are special symbols, terms, phrases, or designs used to identify a company’s goods and services and distinguish them from those of its competitors. A trademark is an important part of a company’s branding strategy and is used to protect its intellectual property rights.

What Is the Most Common Reason That a Trademark Might Be Rejected

There are several reasons why a trademark application might be rejected, but the most common reason is that the trademark is considered “confusingly similar” to an existing trademark. The United States Patent and Trademark Office (USPTO) will reject a trademark application if it believes that the proposed trademark is likely to be confused with an existing trademark that is already registered or pending. This is because the USPTO’s primary goal is to prevent consumer confusion by ensuring that there is no likelihood of confusion between different trademarks.

Frequently Asked Questions (FAQs):

Can you trademark a company name?

Yes, it is possible to trademark a company name.

Is it smart to trademark a business name?

Trademarking your business name can be a smart move, as it can provide important legal protections that can help you to safeguard your business and build brand recognition. 

Should I copyright or trademark my business name?

Both trademarks and copyrights can provide legal protection for the names and logos associated with your business, but they protect different things.

Can I apply for trademark on my own?

Yes, you can apply for a trademark on your own. You can file the application online through the United States Patent and Trademark Office (USPTO) website.

Conclusion

Now as you know about trademark a company name.A trademark is any word, phrase, symbol, or design that identifies and distinguishes the source of goods or services of one party from those of others. A registered trademark is a trademark that has been registered with a government agency, such as the United States Patent and Trademark Office (USPTO) in the United States.

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