How to Trademark a Business Name ... and Other Trademark Information

The instant your new business or product name is used in the marketplace, trademark considerations come into play. And unless you are a very small local retail store -- like the corner beauty salon or dry cleaner -- or you are using you full legal name as your business name, the selection of a great name that you can legally use is essential.

Take a look at these examples of these brandable company names developed at Brandings that bear the "TM" designation:

The key to a great name that doesn’t infringe on the rights of others is what we call “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, the easier it is to protect from unauthorized use by others.

Foundational Trademark Screening

Each company name in the Brandings inventory bears the “TM” designation establishing Brandings claim to the discrete word, letter, number, design or combination of these elements. The “TM” symbol is global notice of commercial use and common-law claim of trademark rights. All rights held by Brandings will be transferred to you as part of the brand package. Marks have not been registered with the European Office for Harmonization in the Internal Market (Trade Marks and Designs) or the United States Patent and Trademark Office.

Each name is screened by Brandings for foundational “ownability.” Should your needs require more robust trademark screening, Brandings offers a range of advanced trademark screening services.

Free Trademark Search

You can conduct a basic search yourself by typing the company name into a search engine like Goggle, Yahoo or AltaVista. You can also take advantage of the free search functions available at the European Office for Harmonization in the Internal Market (Trade Marks and Designs) at EOHIM Search and the United States Patent & Trademark Office (USPTO) database at USPTO Search.

What is the difference between a Trademark, Service Mark and Copyright?

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. For example, Tide is a name brand of laundry detergent. A trademark right can be used to prevent someone from using similar mark but not to prevent someone from making or selling the same goods under a different mark. In short, a trademark is a brand name.

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.

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, but the further step of nationally (and internationally) registering the trademark in classes relating to the goods’ or services’ purpose will help to secure and owners’ rights. Registration with the U.S. Patent and Trademark Office and clearly documenting instances of early usage is vital to protecting the name from others.

Factors That Increase A Successful Trademark Application

Names can be categorized on a sliding scale of uniqueness. The most distinctive are invented names, followed by arbitrary names, evocative names, literal names and finally generic names that have no legal protection.

The general rule is this – the more unique the name, the greater the likelihood of a successful trademark application.

Invented names that made-up names that have been “brainstormed” or “created.” These names are unique, distinctive and highly brandable. Examples of “invented” names in the Brandings inventory include -- Vygen, Septar, Huxy, Aplya, Vonetic, and Zoltus.

Arbitrary names are existing words used for products that have no logical relationship to the goods for which the term is used. Examples of “arbitrary” names include “PeachTree” (for a computer software firm), “Virgin” (for an airline company) and “Apple” (for a computer company).

Evocative names elicit or draw forth a positive association. Evocative names are short and meaningful and call up a good feeling. Examples of “evocative” names in the Brandings inventory include -- BlueSurge, MegaBath, AlohaVibe, BlueberrySky, and MissClever.

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. Examples of “literal” names include -- SupplyDepo, VetStores, CherryGlaze, RiverDubai, TryPeru, ContactsOnly, and FuneralAid.

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.

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.

The Benefits of Trademark Registration

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 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 Limitations

It is important to note that trademark protection is not granted for the universal use of a name or mark. Trademark protection is only granted for discrete and very narrowly defined specific use. For example, if you owned a blueberry yogurt company called “BlueberrySky” and you only sold yogurt, trademark protection would only be granted for the yogurt and ice cream classification of good and services. No other firm could use the name “BlueberrySky” on a yogurt or ice cream product.

That is why the name “United” can be legally used by United Airlines and United Van Lines. Each firm maintains a trademark for the name “United” in a different classification of goods and services.

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 ...

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.

Check Out These New Highly-Brandable Company Names:

Screening through National & International Databases

At Brandings, we offer a range of trademark screening services to meet firm specific objectives. Please talk with your Client Services representative about the services and associated fees. The range of additional trademark services include:

International Classification of Goods and Services: Preliminary evaluation assessing the classification of the goods and services available for use.

Screening Through Trademark Databases: U.S. Federal, U.S. State, Canada, Mexico, Brazil, Austria, Benelux, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Monaco, Norway, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, United Kingdom, Community Trademarks, Australia, China, Japan, South Korea, All International (IR) trademarks

Screening Through Industrial Databases: CN - Finland, CN - Norway, SSCN - Spain, CN - Sweden, SN - Finland, SN – Sweden

Screening Through Domain Name Databases: .aero, .biz, .com, .edu, .gov, .info, .mobi, .name, .net, .org, .travel, .us

Screening Through Pharma In-Use Databases: Canada, Mexico, United States, Argentina, Brazil, Central America, Chile, Colombia, Dominican Republic, Ecuador, Peru, Puerto Rico, Uruguay, Venezuela, Austria, Belgium, Bulgaria, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxemburg, Netherlands, Norway, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom, Australia, China, India, Indonesia, Japan, Malaysia, New Zealand, Pakistan, Philippines, Singapore, South Korea, Taiwan, Thailand, Egypt, Guinea, Israel, Morocco, Saudi Arabia, South Africa, Tunisia

And now for the stuff our lawyers want us to include … Brandings makes no representation as to the suitability of a brand name with application in a particular industry or market or for use in a category of good or service articulated in the International Classification of Goods & Services. Clients and prospective clients are strongly encouraged to seek counsel to determine suitability and all trademark registration related matters.

Find the Perfect Company Name Now

Finding the perfect business name has never been easier ...

You'll want to begin to search for a business name by scanning our category list in the column to the left. Just select a category and browse. You can also find company names that contain a short keyword (or partial word) that is important in your business. Simply enter any short word or word fragment into the Name Search bar above, then click “GO!”

Whatever your new business needs, 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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