To ensure that you uncover all potential obstacles to using your trademark, you should also do a general internet search for uses of the name for similar products or services. You will conduct that search in the USPTO’s database of pending or registered trademarks, which will tell you if there are other businesses using the same or similar marks.
TRADEMARK MY BUSINESS NAME REGISTRATION
You ensure that you can use the name or logo that you want to use.Īs part of the registration process, you should conduct a search for the trademark name or logo that you want to use for your business. law trademark rights by using the brand name in commerce, a federal trademark registration is a good idea for several reasons. Is it necessary to trademark your business name? You can turn to the registration to help prove essential facts, such as ownership or priority of use, which may protect your rights if there is ever a question about who owns the mark or used it first. If someone uses your registered trademark, you will have a much easier time taking legal action to stop the unauthorized use. There are many other benefits, as described below. These include giving your name nation-wide priority, stopping infringing products from being imported or sold on e-commerce sites, or even transferring of a domain name that infringes on your trademark rights. A federal trademark registration with the USPTO has other benefits. Trademark registration demonstrates that the USPTO recognizes the registrant as the rightful owner of the trademark, unless a challenger proves otherwise, which can be difficult to do. However, many do not take the extra step to register the trademark with the United States Patent and Trademark Office (USPTO). In the U.S., most businesses generate some trademark rights simply by using their product name, logo, or design (referred to as common law trademark rights).
When you use your brand as a trademark, you are asking your customers to recognize your logo, symbol, name, or design as an indicator of your company’s product or services, and all the positive associations and goodwill that you have hopefully generated. These types of marks, including others not listed above, are what distinguish your business from others.
A trademark can also indicate a certain quality, price, or other important characteristic that you want your customers to identify with your brand. It tells consumers what company or individual is behind what they are buying. A trademark identifies the source of a product or service.
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