Can you trademark a name

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Do I need to trademark my business name and?

You must also meet specific requirements to trademark your name with the U. Can you trademark a name” is a common question. So, to trademark a name , you must be using it “in commerce , or you must intend to use it in the near future. In other words , you can trademark a business name , but not a name that you only use for personal purposes. You might be able to register a person’s name as a trademark if the name meets certain conditions.

Under federal trademark law, no - it is not possible to get a federal trademark registration from the USPTO on a mark that would be considered primarily merely a surname, or last name, unless you can establish secondary meaning (also referred to as “acquired distinctiveness” ). The owner of a trademark has. Trademarks are granted at the federal level by the U.

Some examples include brand names, slogans, and logos. The term trademark is often used in a general sense to refer to both trademarks and service marks. Unlike patents and copyrights, trademarks do not expire after a set term of years. Therefore, a trademark can last forever - so long as you continue to use the mark in commerce to indicate the source of goods and services. Must all trademarks be registered?

No, registration is not mandatory. You can establish “common law” rights in a mark based solely on use of the mark in commerce, w. See full list on uspto. The duration of patent protection depends on the type of patent granted: 1. Utility patents and plant patents - years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed. Under certain circumstances, patent term extensions or adjustments may be available. For works created by an individual, protection lasts for the life of the author, plus years.

For information on copyrights, please contact the U. Copyright Office (a division of the Library of Congress). Yes , you can trademark a DBA or fictitious business name if you use the name to brand your products or services. If you use a particular DBA as your brand name, it is entitled to the same legal protection that any other brand name would receive.

This information was provided by our founding attorney, Xavier Morales, Esq. And you ’ll have to show that people are likely to think of you and your goods or services when they hear the name.

If you do use your name for business and you are well known by the consuming public, then registering a trademark for your name might be a good idea. However, once you file it, your domain name will appear as a pending trademark in the PTO database. If you file a “use” application (one based on your actual use of the name ), you will probably hear from the PTO in three to six months. Registering a trademark for a company name is pretty straightforward.

Many businesses can file an application online in less than minutes, without a lawyer’s help. The simplest way to register is on the U. Without trademark protection, another company could use your brand. You can protect your brand and name from others with a trademark. It takes time to build a recognizable brand. A pen name also lets you move into a different niche without alienating readers who expect you to put out a certain type of book.

Once you have come up with a pen name , the next step is to protect it. A trademark helps to protect the brand while it is growing. If you obtain a trademark or service mark on the name , you can prevent others from using it. Unless you perform a comprehensive trademark search, you run the risk of accidentally infringing on someone else’s name.

If that happens, you can be ordered to stop using your name immediately, and all the hard work you put in to building your brand name in the market will fly out the window. Basically, if you ’re using that city’s name as a brand name for your company’s products or services, you can apply for a registered trademark for that city’s name. However, just because you are able to obtain a registered trademark for that city’s name , you do not own the city’s name , nor do you own the city. If your case is in China, if two trademarks identical in soun however different in spelling and meaning, then it is likely that the two trademarks will not.

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