Phrases and terms with well-known meanings may still be registered if they qualify as an arbitrary trademark. Although the trademark ‘Greyhound’ may have nothing to do with buses, for instance, it suggests that the transportation service is fast. A suggestive trademark is related to the goods or services at issue but requires some mental pause. The USPTO will register suggestive trademarks without the need for secondary meaning. This requires you showing proof that consumers equate a certain trademark directly to your business. To qualify, however, it must have earned secondary meaning in the minds of consumers. Descriptive Trademarksĭescriptive marks enjoy slightly more protection than generic trademarks. If your company is named “The Auto Shop,” registering such a trademark would unfairly hinder every other auto shop in America from being able to use that phrase. Without adding additional detail, a generic trademark typically cannot be registered with the USPTO. Generic terms describe ingredients, characteristics or other qualities of your product. Trademarks range from generic and descriptive on the weaker side to suggestive, arbitrary and fanciful on the strong side. The less generic your trademark is, the more difficult it is for others to claim that infringement was accidental. Stronger trademarks provide an advantage if you’re ever facing trademark litigation. You’ll also be able to judge just how protected your trademark will actually be. This will help you recognize what can and cannot be registered. Understanding the types of trademarks available can save both time and money. Failing to get this right could result in your brand going unprotected when it comes to certain products or services. Understanding trademark classes is an essential aspect of how to trademark a business name. The Trademark ID Manual lists all acceptable identifications. Class 30, for instance, is ‘staple foods.’ This could be confused for Class 31, ‘natural agricultural products.’ There are 45 different classes to choose from, and some of them are very similar. This makes it important to list every trademark class your trademark will be used for. This means a trademark used in relation to food may still be registered by someone else under the entertainment services. If approved, your registration will only protect the trademark for goods and services similar to those you’ve applied for. Your application must list at least one trademark class to be accepted. These classes can range from jewelry to processed foods. The USPTO uses its trademark classification system to identify and distinguish trademarks within different industries. You can perform a trademark search on the USPTO website here. More than 4,000 trademark infringement cases are filed yearly. Even worse, you could end up in court in trademark litigation. Failing to do so could result in attempting to register a trademark that would create a likelihood of confusion with preexisting trademarks. Performing a trademark search prior to registration is a very important first step to securing trademark rights. Keep in mind that that proper names, generic phrases and descriptive terms typically cannot receive trademark registration. If your company sells items that fall under different trademark classes, you’ll need to pay additional fees for each class you’re filing under. A specimen of use showing use in commerce.Detailed description of trademark and products or services at issue.Sufficient use in commerce or intent to use.Applicant’s entity type (corporation or individual) and nationality.The trademark owner’s name and address.To trademark a business name, you’ll need to provide the following information: How to Get a Trademark for a Business Name Instead, business names are protected by trademark law. Also, you generally cannot copyright or patent a business name. To garner full trademark protection, you must follow the process set forth by the USPTO. It’s not enough to register your company name in your state since that provides no trademark rights whatsoever. There are some misconceptions when it comes to trademarking a business name. How to Trademark a Business Name is part of our How to Trademark series. Home » How to Trademark a Business Name How to Trademark a Business Name
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