How to get a business name patent

Should I patent my business name?

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.

Is my business name trademarked?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name , you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

How do I trademark a word?

Steps to Trademark a Word Consult a trademark attorney. Trademarking a word is a complex process, so talk to a trademark attorney early in your planning. Check for eligibility. Register domain names. Establish ownership. File an Intent to Use. File a Trademark Application. Pay the filing fee.

Can you trademark an LLC name?

Business names , product names , logos and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business . For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO).

Does an LLC protect my business name?

Once your LLC or corporation application is approved, your name is protected in the state: No other business will be able to form an LLC or corporation with the same name in that state. However, there’s nothing to stop a business that operates as a sole proprietorship or partnership from using your name in the state.

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How do I protect my business name?

How to Register a Trademark for a Company Name To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

Do I really need to trademark my logo?

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

Can two businesses have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name .

Should I get a trademark or LLC first?

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 .

Can you trademark a single word?

What Can Be Trademarked ? Phrases, words , symbols, sounds, and even colors are all eligible for trademark protection. Anything that identifies your brand and is used to distinguish your company or goods/services from other companies can be trademarked .

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Can I patent a word?

While you can learn how to patent an idea here, unfortunately, it is not possible to patent a phrase . Instead, you can trademark a phrase by registering it with the U.S. Patent and Trademark Office.

How long does a patent last?

20 years

Should my LLC own my trademark?

Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services. Since it applies the mark to the goods or uses it in advertising, it (not its owners!) is the correct owner.

What happens if someone trademarks your 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.

How much does it cost to trademark my business name?

Trademark a Business Name With the USPTO Trademark fees for electronic applications are currently $225–$400 per class of goods or services, depending on the type of application you file. The trademark cost for registering with a paper application is currently $600 per class of goods or services.