Identifying and Protecting Your Brand
Before adopting a business name, it’s crucial to ensure it isn’t already trademarked. Trademarks are there so consumers can recognize the source of goods and services. To find out if a name is taken, look it up in the US Patent and Trademark Office’s (USPTO) online database. Search federally registered trademarks using the USPTO’s free Trademark Electronic Search System (TESS). Moreover, check trademarks internationally through the World Intellectual Property Organisation.
Registering a trademark for a company name is straightforward and can often be done online without a lawyer, taking roughly 90 minutes. Costs for trademarking your business name federally range from $250 to $750. It’s cheaper to file with your state, where sole proprietors and contractors pay about $50-$150. There’s also descriptive fair use, which allows the use of a trademarked name under specific conditions, like using the mark descriptively and in good faith.
Steps to Ensure the Uniqueness of Your Business Name
- Start by searching the USPTO database and the state business name databases to check for existing trademarks.
- Visit your county clerk’s office to verify if the name is registered in your jurisdiction.
- Translate the brand name into other languages to avoid negative connotations.
- Register the trademark with the USPTO and your state after confirming that your desired name is available.
Remember that understanding trademarks is key to securing a unique business name and simplifying the trademark process. Research thoroughly to ensure no other business has rights to your name and seek advice if necessary. Once your name is confirmed as available, register the trademark to protect your brand legally.