Register Your Company Name as a Trademark
The moment that your new business or product name is used in the marketplace, trademark considerations come into play. Unless you are a very small local retail store -- like the corner beauty salon or dry cleaner -- the selection of a great name that you can legally use is essential.
The key to a great name that doesn’t infringe on the rights of others is “brandability.” Essentially, the more unique your name is the more likely you will be to use it. The more distinctive and unique a business or product name is, the easier it is to protect the name from use by others.
Brandable Company Names
Names can be categorized on a sliding scale of uniqueness from the most brandable to least brandable …
Invented names that made-up names that have been “brainstormed” or “created.” These names are unique, distinctive and highly brandable.
Arbitrary names are existing words used for products that have no logical relationship to the goods for which the term is used.
Evocative names elicit or draw forth a positive association. Evocative names are short and meaningful and call up a good feeling.
Literal names are fairly straight forward. Literal names follow the primary or strict meaning of the word or words and are not figurative or metaphorical.
Generic names have no legal protection and cannot be registered or protected. “Linoleum,” “zipper,” “escalator,” and “aspirin” are all examples for brand names that were once registered trademarks and are now generic names because of the failure of the firms to maintain distinctive brand identities.
The more distinctive and unique you company name, the easier it will be to obtain a trademark. Whether or not you actually register your mark, it is essential to select a business or product name that does not infringe on the trademark or another firm.
Courts have increasingly looked to the name that precedes the Top Level Domain (TLD) for legal protection. For example, if own the domain name Biozyn.com you would look to protect the name Biozyn. Protection for the TLD, will follow.
The Difference Between a Trademark, Service Mark and Copyright
There are key differences between trademarks, service marks and copyrights. A trademark is a name, word, symbol, or device that serves to identify a specific product brand. A trademark allows an owner to dictate its use in identifying a product.
Similarly, a service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from the services provided by others, and to indicate the source of the services.
It is important to note the distinction between a trademark and a copyright. Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. In short, a copyright excludes others from using original works of authorship for a given period of time.
Common Law Trademarks
In the United States the rights in a trademark come from first use. This common law system grants ownership of a mark to the first party that uses it in association with goods or services.
Brandings has claimed rights to the most of the marks contained in our inventory catalog -- designated by use of the TM symbol. This designation is governed by the laws of the state of California and the United States of America. Most marks in Brandings inventory catalog have not been registered with the United States Patent and Trademark Office.
Trademark Registration
You could take a step beyond a common law trademark by registering the trademark nationally and internationally. Trademarks are granted for specific classes of goods or services. Registration with the U.S. Patent and Trademark Office and clearly documenting instances of early usage is vital to protecting the name from others and will help to secure your rights.
The benefits of trademark registration include the constructive notice nationwide of the trademark owner’s claim, evidence of ownership of the trademark, standing and jurisdiction of federal courts may be invoked, registration can be used as a basis for obtaining registration in foreign countries and registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
Use of the TM and SM symbols may be governed by local, state, or foreign laws and the laws of a pertinent jurisdiction to identify the marks that a party claims rights to. The federal registration symbol, the R enclosed within a circle, may be used once the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.
Brandings Trademark Search and Application Service
Brandings offers a trademark search and application service for mark registration with the United States Patent & Trademark Office (USPTO). The service includes a trademark search with attorney opinion letter, an attorney-prepared trademark application and ongoing monitoring through the registration process. This service also includes non-substantive responses to the USPTO while your application is pending, and an electronic copy of your trademark registration certificate once your mark is registered.
You'll receive ...
Federal Trademark Database Search
50 State Trademark Search
Domain Name Registrations and Common Law Uses
Attorney Opinion Letter Explaining Search Results
Attorney-Prepared Trademark Application
Ongoing Monitoring Throughout Registration Application Process
Electronic Trademark Registration Certificate (Upon Issuance)
Fee Structure:
$995 (Flat Fee Trademark Search & Application Service)
$325 (USPTO Filing Fee) Government filing fees apply per mark, per class of goods or services. Filing fees are charged when your application is filed with the USPTO.
Click here to learn more about Brandings Trademark Search & Application Service.
Begin Your Search for a Company Name
Search by CATEGORY. Search for a global domain name for sale by category and subcategory. Check-out the category list in the column to the left. You'll see that that company name categories have more specific subcategories. Just select a category or subcategory and browse!
Search by NAME. You can also find great international domain names that contain a key word (or partial word) important in your business. Use the NAME SEARCH function -- located at the top of this page. Simply enter any word or word fragment in the keyword bar ... then click “GO!”
If you’re looking for a great company name, we are here to help. Call Brandings Client Service Team today at 1-800-852-8900 (Toll Free USA) +1-310-246-5100 (Worldwide) or simply click here to contact our office via e-mail: info@brandings.com
Click here to return to Brandings.com main page: How to Name a Business
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