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chand king |
How to Trademark a Company Name
06-10-2021 / 7:29 am #1
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 Key Takeaways
How to Trademark a Phrase? When a startup goes ahead and trademarks a phrase, it asserts ownership of the phrase in connection with a certain set of products or services. Since Nike holds the trademark on a powerful phrase, no other shoe business can run an advertising campaign called “Just Do It”. NOTE: The USPTO will refuse to deem a proposed trademark registrable if the phrase is fully generic, illustrative, informative, or otherwise not being used as a trademark in relation to the goods produced by you. The Basics of Trademarking a Phrase: Another applicant cannot have already registered the Trademarked Phrase for an identical product/service. The Trademarked Phrase must be more than a generic description of the product/service. The Trademarked Phrase should be used in the context of the sale of a product/service. 1. Choose an Original and Distinct Phrase It's crucial that your trademark stands out sufficiently from the items and/or services that you wish to include as part of your trademark registration. For instance, if you intended to acquire a trademark for the term "Frozen Ice Cream", but the products you’ve proposed to be mentioned in the trademark registration are "Ice Cream", then the phrase would be rejected. What is the reason for this? Trademarks which are "generic" characterizations of the products / services stated in the request are not deemed eligible for registration. Instead, you are advised to choose a phrase that has nothing (extremely) obvious to do with the products you're offering. Choose an original and distinct phrase. 2. Search the USPTO Database for Your Phrase Upon verifying that the phrase is clearly distinguishable enough for the products/services you plan to sell, you must decide that there are no other marks registered with the USPTO that would prevent your phrase from being admitted. To do so, you'll have to analyse the phrase's similarities as well as the similarity between your potential products/services and the allocated products/services of the competing phrase. Searching the USPTO database is an efficient way to do just that. 3. Select the Appropriate Filing-Basis for the Trademark Application It's critical to realise that when going through with a trademark registration with the USPTO for the desired phrase, you must select a "filing base", or the premises on which the petitioner has the right to receive security. That’s not all... Each trademark registration should include at least 1 filing basis and each filing basis has to be supported by a distinct set of regulations. USE IN COMMERCE (Section 1(a) of the Trademark Act) – You are allowed to assign the trademark registration a Section 1(a) Classification if you have already utilized your phrase in relation to the sale of products/services in Interstate Commerce. You could register under the Section 1(b) classification if you have not yet utilised your term in association with the sale of products or services in Interstate Commerce but intend to do so in the future. Note that you must either supply a Statement of Use with a specimen demonstrating that the trademark is “In Use” within six months of submitting the 1(b) or make an extension plea within six months of registering the 1(b). Bottom line? Take care to select the appropriate filing-basis for the trademark application. 4. Select the Appropriate Class of Goods/Services and Description of the Goods/Services Every product, commodity, or service is classified by the USPTO into one of its numbered classes. For example, if an individual worked in the garment industry and wanted to sell t-shirts using his or her new trademark, they would submit it under CL 025, which includes clothing. Remember to select the appropriate class of goods/services and also the description of the goods/services. 5. Pay the Appropriate Government Filing Fee The government registration fees will be $250.00/$350.00 per product class, based on which application type the trademark applicant chooses. Please consult with your trademark lawyer to determine which type of application is best for you. This will enable you to pay the appropriate government filing fee. 6. Submit the Trademark Application After you've entered all of the procedural and trademark-related information, you're prepared to submit the application. But there’s a catch. Even the tiniest administrative or substantive error might result in a trademark office inquiry from the USPTO. The only way to tackle this possibility beforehand is to double-check your data yourself or have a lawyer inspect it. How Much does it Cost to Trademark a Name? You'd generally be paying somewhere between $250 to $750 while getting your startup's name trademarked with the USPTO on a federal level. The trademark costs you'll pay are determined by the following factors, as per the USPTO website:
In a single application, an individual can only petition for one trademark. The cost of filing an application is usually between $250 and $350. If you want to trademark more than one class of products/services, you'll have to file different applications and incur different filing costs for each. This procedure can be costly. Applicants should file digitally via the Trademark Electronic Application System (TEAS) or maybe through one of the numerous alternative digital filing systems, according to the USPTO. For every class of products/services, the costs for digitally lodged trademark applications typically vary from $250-$350. Although the TEAS is the most preferred and recommended means of lodging a trademark registration application, you could also submit a "paper" application to the USPTO. The cost of filing a physical trademark application for every class of services/products is usually $750. Remember that regardless of which filing technique you use, the fee is not refundable if the USPTO rejects your request to trademark your startup's name. How Much does a Trademark Cost? The median expense of registering a trademark for a name or logo is roughly $275 if you do it on your own, and about $500-$2,000 if you use an agency or a trademark lawyer. The expenses of a trademark are measured by the number (and type) of classes in which your products and/or services belong, and the filing procedures utilised. The US Patent and Trademark Office (USPTO) charges between $225-$600 to register a trademark, with attorney fees ranging from $500-$2000 on top of that. The first task is to determine whether you want to file a state trademark application or a federal trademark application. The overall process is essentially the same whether you want to trademark phrases, a tagline, or a specific design. How to Renew Trademark? The renewal dates for the United States trademark are among the most important things to keep in mind. Missing these deadlines automatically results in trademark termination. Let's go over the trademark renewal timeline and see what you must do on each date. First renewal filing: 5 years from the anniversary date (date of initial registration). The first step in trademark upkeep and renewal is to file a declaration of prolonged use throughout the 5th year of proprietorship of the trademark. This filing constitutes a legally binding declaration that your trademark is in active usage, and it will involve a trademark sample demonstrating that use within commerce. Second renewal filing: Nine years from the anniversary date (date of initial registration) This 2nd one is your first comprehensive U.S. trademark renewal (unlike the 5-year filing's maintenance/declaration of use). You should file a declaration and demonstration of sustained use in economic activity, as well as a different renewal form and charge, to prolong the life of your trademark for another 10 years. Third and subsequent renewal filings: Every ten years thereafter This extension is due between the 9th and 10th years of ownership – i.e., between the 9th and 10th anniversaries of the date of registration. Consequently, as with the first registration, the sooner you register, the better. This will help you to avoid any possible problems beyond your control that could result in the discontinuation of your trademark. How Long does a Trademark Last? You have the right to own your trademark forever if you keep using it in commercial activity and keep up with the appropriate approvals every ten years following the second filing. Each successive filing will necessitate declarations and evidence of ongoing use – you cannot prevent someone else from using a trademark that you technically own but aren't utilising, and your mark will be destabilised and possibly cancelled if you don't use and defend it properly during its life. Summary In parallel with a trademarked name, the USPTO provides extensive and powerful safeguards – the renewal, in essence, preserves the integrity of the trademark system which ensures that the advantages of a trademark are available and being used as anticipated. This includes proactive use, appropriate use, effective enforcement of the trademark, and protection against dilution or dismantling of the trademark. There is a balance to be struck between providing support to the legitimate owner and guaranteeing economic freedom by preventing "hoarding" or other practices preventing others from utilising dormant marks. The renewal schedule is crucial in ensuring that trademarks that are no more in use in commerce are made accessible to others. The process of applying for a trademark for a startup name is fairly simple. Many startup owners can file a petition digitally in less than 90 minutes without the assistance of a lawyer. The quickest method to submit is on the official site of the United States Patent and Trademark Office: www.uspto.gov. If the trademark is still being utilised between the fifth and sixth year from authorization, the registration can be renewed. A federal trademark in the United States has the ability to last in perpetuity, but it must be reauthorized every 10 years. We can help! At AbstractOps, we help early-stage founders streamline and automate regulatory and legal ops, HR, and finance so you can focus on what matters most—your business. If you're looking for help with trademarking a company name, we have got your back. Sign up to get started. Note: Our content is for general information purposes only. AbstractOps does not provide legal, accounting, or certified expert advice. Consult a lawyer, CPA, or other professional for such services. Citations
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