Introduction
If you have a distinctive business name, the USPTO Trademark Office can help you protect it. US Trademark Filing can be a vital step toward brand protection. A trademark is similar to a company’s signature in that it assists consumers in identifying and trusting your items. However, registering a trademark is not always simple, especially if you are new to company. Here’s how to keep your brand name protected without breaching any laws:
Check to see whether your company’s name has already been trademarked.
Before applying for a trademark, you should do a check to discover if your business name is already in use. To begin your search, go to the website of the United States Patent and Trademark Office (USPTO) and pick “TESS” from the drop-down menu in the top right corner of their main page.
You will be sent to a website where you may do an online search of their database for registered trademarks in the United States by entering your company name into one or more fields on this form:
Trademarks are often words, but they may also be sounds (such as music), symbols, patterns, or even fragrances that identify goods and services as being provided by a certain source.
Goods/Services: Include any items or services related to your company’s product line.
Check that the trademark application you desire satisfies the legal criteria.
To guarantee that you may trademark your company name, you must first verify the following legal requirements:
Check to see whether your name is too generic. If it is, it cannot be trademarked since it would exclude other businesses from using the same term in their business names. For example, if someone wanted to start a pizza delivery business and titled their firm “Pizza Delivery Service,” other organisations may be discouraged from doing the same.
Confirm whether your name is overly descriptive. If it is, it cannot be trademarked since no one can own a term that specifies what they do as their business title, and people will presume that all of these establishments serve pizzas (for example). As a result, any firm might claim ownership of various pizzas created with various components; nevertheless, this would be confusing for consumers who want something particular when ordering meal delivery services online using an app like Grubhub!
Make the application.
To prevent the possibility of having your trademark registration refused, be sure your business name is available. You can accomplish this by submitting an application directly to IP Australia or by using a third-party checking service like Trademark Clearinghouse or TMview.
If you choose a third-party service, they will normally offer you with a results report outlining whether or not your proposed trademark has been granted or refused by IP Australia, as well as why. If the name is not accessible for whatever reason (e.g., infringement), you must pick another alternative for your business name and begin the process again.
File the application with the USPTO online.
The United States Patent and Trademark Office (USPTO) is the federal office in charge of trademark establishment and enforcement in the United States. You must have your business name picked and ready to go before filing an application with the USPTO online—you cannot do this later! Here are some factors to consider while choosing a business name:
Your name should be simple to read, spell, speak, and recall. If you choose a name that is difficult to speak, spell, or remember, it may harm your organisation in the long term.
Check to see whether any other companies are currently using it, as well as any recognised variants of your proposed trademarked name (for example: Apple Computer Inc., Apple Computers Inc., etc.). If this is the case, think about modifying it before filing anything official with anybody else – especially if those firms are larger than yours can ever hope/dream/wish/etcetera become!
Allow time for your trademark to be granted.
After you file your application, the USPTO will scan the Trademark Electronic Search System (TESS) to see whether anybody else is using your business name. If no one else has used the name for their own firm, it is accepted, and you will receive an approval notice within 30 days. However, if someone else has previously registered a trademark with the USPTO or filed an intent-to-use application with TESS that is similar to yours, they may submit an opposition to your application.
The USPTO has 60 days to consider these oppositions and decide whether or not they should be given registration rights over your company name. If they refuse to give such rights, they have two choices: file changes or appeal their decision through administrative litigation procedures.
Registering a trademark allows you to more easily defend your brand rights in court and recover damages if another firm violates them.
Registering a trademark allows you to more easily defend your brand rights in court and recover damages if another firm violates them.
You have the right to sue for trademark infringement if another company sells or uses your brand without your consent.
If you win your case, you may be able to receive monetary damages as well as an injunction prohibiting another party from using your mark. In certain circumstances, courts have even given punitive penalties where willful infringement is found.
Your court order may also require the defendant to destroy all infringing items, recall any goods sold under your mark, turn up all proceeds generated from sales of those goods, cease using any trademarks confusingly similar to yours, and pay your attorney’s costs (if applicable).
Conclusion
It is simpler to defend your brand rights in court and obtain damages if another firm infringes on them if you have a trademark. However, the USPTO Trademark Application Process does not ensure that no one would try to use a similar name for their own business—it only makes it more difficult for them! If someone else violates your trademark rights (which might happen if someone registers their own comparable mark or uses one that has previously been registered by another party), you can sue them and seek compensation for the damages caused by their conduct (such as loss of sales).
