In one year, 17 million new small businesses are formed in the US. It’s amazing that so many creative entrepreneurs pursue their passions, and it’ll only do our nation good.
However, you’re bound to have overlaps, whether they’re intentional or not. After you’ve put so much hard work into starting your company, it’d be a shame if someone encroached on your territory and took away customers that could’ve been yours.
One way you can protect yourself is through a trademark. We’ll show you how to do that, so don’t worry if you don’t know how to trademark a business name.
In this article, we’ll define what a trademark is and also give you steps on how to get one for your company.
What Is a Trademark?
A trademark is something that’s legally recognized. It can be a word, phrase, symbol, logo, or even a combination of all of these things.
Basically, the thing that’s trademarked should identify and distinguish the goods or services of one business from those of others. A trademark serves as a brand’s identity since it can help customers recognize products or services from a specific company.
There are several types of trademarks available, including:
- Word marks
- Logos
- Slogans
- Sound marks
- Trade dress
Why Should You Trademark a Business Name?
When you file a trademark, it’ll take extra time and money to do. You may be hesitant to expend more energy on something that may not be worth it, but we’re here to tell you that it’s definitely an excellent move to make.
Here are the reasons why you should trademark your business name.
Exclusive Rights to Your Name
When you have exclusive rights to your business name, you’ll protect your brand, as you’ll be the only person who can use that name in your industry. This will prevent competitors from using a similar name, which can confuse your customers or dilute your brand’s identity.
A good thing to know is that a trademark doesn’t just protect you in one state. Federal registration grants protection across the entire country.
Legal Protection
Trademarking your company’s name provides a legal basis to stop others from using or imitating it. If you notice someone else using a similar name, you can take legal action to prevent it.
Also, having a trademark will strengthen your position if disputes over your brand arise. Just seeing the trademark may be enough to deter copycats from trying to register or use a similar name.
Asset Value
A trademark is an intellectual property asset. If you ever sell or license your business, then having a registered trademark will increase its value. As a result, your company will have higher appeal to potential buyers or partners.
Expand and Grow With Confidence
Once your trademark is registered, you can use the ® symbol. This communicates to others that your business name is protected.
This means that if you ever plan to expand your company either regionally or internationally, it’ll ensure that no one else is using your name in those markets. This can reduce legal complications and make expansion a smoother process.
Protection in Online Spaces
People can use whatever name they want online, whether it’s on website domains or social media handles. If you have a trademarked name, it’ll be easier to stop others from using it online. Plus, the trademark can help in domain name disputes.
How to Trademark a Business Name
If you’re convinced, then your next concern is how to trademark a name. These are the steps you should take.
Research Your Business Name
First, make sure that your business name is indeed unique and not already in use by another company. You can do a trademark search by using the US Patent and Trademark Office (USPTO) database.
At this time, it’s wise to set up a limited liability company (LLC) or other business entity. You’ll get personal liability protection with an LLC, so we recommend going that route.
It’s best to have the LLC in place when applying for the trademark, as this will ensure the trademark is owned by a legal entity instead of an individual. If you need assistance, then use our free business registration service. We’ll do all the paperwork and all you need to take care of is the state fees.
And in case you were wondering, the LLC name doesn’t have to match the trademarked name. Your LLC can have a different legal name than the trademarked business name; you can register a “doing business as” (DBA) so your LLC legally operates under a different name than its registered one.
Determine the Trademark Class
Next, identify the goods or services your company will offer to determine the trademark class. Classes 1-34 cover goods or tangible items such as clothing, machinery, and food products. Classes 35-45 cover services, such as advertising, financial services, or legal services.
Do note that a trademark is only protected within the specific class(es) where it’s registered. This means that you can use the same name for different types of businesses as long as they don’t overlap in the same class.
Prepare Your Application
Gather the necessary information needed for the application. This includes:
- The name you want to trademark
- A description of your goods or services
- The trademark class
- Any design elements (if applicable)
- Your business information (name and address)
File Your Application
Now that you have everything on hand, you can actually file your trademark application. There are two ways to do so on through the Trademark Electronic Application System (TEAS): TEAS Standard and TEAS Plus.
TEAS Plus costs less at $250 per class (versus $350 per class for TEAS Standard); however, there are more requirements, so not everyone can use this filing option.
Monitor Your Application
After you’ve filed, the trademark office will review your application. If it passes the review, it’ll be published for opposition.
Others will have a chance to contest your trademark if they think it conflicts with their own. If there are any issues or objections, then the trademark office may issue an Office Action.
Receive Your Trademark
If there aren’t any objections, or if they’re resolved in your favor, you’ll receive a trademark registration certificate.
Afterward, ensure you maintain your trademark by filing the necessary maintenance documents. You should also make renewals as required, which are typically every five to 10 years.
Trademark Your Company Name
Now you know how to trademark a business name, which can come in handy when you create your company.
However, it’s understandable if you don’t want to do it yourself. In that case, there are licensed trademark attorneys like Trademark Kings who can file on your behalf. This can take a huge load off your shoulders, and instead, you can concentrate on what really matters: running your business.
Sign up with Business Anywhere today to use our free business registration service. We can also be your online notary and registered agent, all at affordable prices too.
