Registering a trademark for a business name is a great way to protect your brand. Find out how to get started, how long it takes, tips for getting your application approved and more.
What would you like to protect?
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by Jane Haskins, Esq.
Jane has written hundreds of articles aimed at educating the public about the legal system, especially the legal aspe...
Updated on: March 2, 2023 · 3 min read
A trademark can protect a name that distinguishes your goods and services from the goods and services of others. Because a trademark is based on a name’s business use, you cannot trademark a name that you use only for personal purposes, such as your own name or the name of your house or your pet.
Types of names that may be protected by trademarks include:
Choosing a name that can be trademarked
To be registered as a trademark, a name must be used in commerce and must meet two other criteria: It must not be too generic, and it must not create a “likelihood of confusion” with an existing trademark or pending trademark application.
Likelihood of confusion
Like any trademark, a name cannot be registered with the U.S. Patent and Trademark Office (USPTO) if it is so similar to an existing trademark that people are likely to be confused about the source of the goods or services. A likelihood of confusion exists if:
Distinctiveness
To get trademark protection for your name, it must be distinctive enough to set your product or service apart from others.
Registering Your Trademark
You can register a trademark for your name by filing an online application with the USPTO or using an online trademark service.
LegalZoom can help you register a trademark for your business name. The service includes a federal direct-hit search and a 14-day trial to speak to attorney for legal advice on your application.
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