How To Trademark A Name

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

How much does it cost to TM a name?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees.Trademark Cost. National Average Cost $424 Average Range $275 to $660.

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How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

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How can I get a trademark fast?

Steps to Speed the Process. Step 1: Choose a Strong Mark. Step 2: Choose a Mark That Isn’t Confusingly Similar to Another Mark. Step 3: Begin Using Your Mark in Commerce As Soon as Possible. Step 4: Submit a Complete and Accurate Trademark Application. Step 5: If You Receive an Office Action, Respond Promptly and Thoroughly.

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How do I protect my business name?

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the United States from using your trademarked names.

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How do you keep a trademark alive?

To keep your federal trademark registration in place, you must prove that you’re actively using the trademark after you’ve registered it. In fact, the USPTO requires you to regularly file renewals that show that you’re still using your trademark.

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Is it better to trademark or copyright a name?

Trademarks offer far more protection than copyrights, but copyrights are extremely important for the protection of logos.

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Do I need a trademark if I have an LLC?

If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. And if you are considering incorporating or forming an LLC but haven’t gotten around to it yet, you should do so before registering any trademarks.

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Should I file a trademark myself?

It is certainly possible for entrepreneurs to file applications and successfully register trademarks on their own. If this is the route you choose, then it is well worth your time to familiarize yourself with the application process in order to decrease the chance of a costly problem.

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What does the R in a circle mean?

Trademark Symbols The symbol “R” in a circle signifies that a trademark has been registered in the U.S. Patent and Trademark Office for the goods inside the package.

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Do I need a company to register a trademark?

Summary. Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

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How do I copyright a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

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When should I trademark my business name?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

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Can you trademark a single word?

Maybe. Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.

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Can someone trademark my business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

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Can I get a trademark for free?

You don’t have to register your trademark to have limited trademark protection. But there is another dirty little secret about trademarks: you can apply for a federally registered trademark yourself online, for free, at the USPTO–you only pay the government fees. The USPTO, however, warns against not using an attorney.

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What are the 3 types of trademarks?

Different Types of Trademarks Descriptive Trademarks; Merely Descriptive Trademarks; Generic Trademarks;.

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What are examples of trademark?

Types of trademarks include: Brand names like Apple, McDonald’s, and Dolce & Gabbana. Product names like iPod and Big Mac. Company logos like the golden arches at McDonald’s and NBC’s peacock logo. Slogans like Capital One’s “What’s in your wallet?” and McDonald’s “I’m lovin’ it”.

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How should I file my trademark?

Prepare The Trademark Application The Principal Register. It’s typically wise to apply for registration on the USPTO’s Principal Register. The Bases For Filing. The Contents of the Application. Online Filing. Confirm Filing & Monitor Status. Respond To Office Actions. The Mark Is Published. Submit A Statement Of Use.

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How long does trademark last?

How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

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What is the cheapest way to trademark?

The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.

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Why do Trademarks last forever?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

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