What Is the Definition of a Trademark?
Trademark registration for your business’s name is a crucial step that will help protect your brand’s name from unauthorized use or theft. The process to register a Business Name trademark is easy and can be completed in just a couple of steps.
This article will guide you through each step to Register Business Name Trademark, as well as address many frequently asked questions about the procedure.
What Is the Definition of a Trademark?
A trademark is a term, expression, symbol, and design that distinguishes the source of one’s products from the other competitors.
The steps to Register Business Name Trademark, as it isn’t as simple as the process of forming a Corporation for trademarking your company’s image. It could take more time than you thought.
Essential Steps Register Business Name Trademark
Marking your business’s name isn’t as straightforward as registering for an LLC and can take longer time than you think.
The first step is to check the database of the federal government to verify that the name you’re planning to mark isn’t a protected trademark. This is done with the USPTO’s Trademark Electronic Search System, commonly referred to as TESS.
It is important to search not just for the name you’re looking for but also for related names. Registrations could be denied when the name is similar to a name that is already registered in the same class.
Although it sounds simple, it’s quite complicated. Iguana Ice Cream and Iguana’s Ice Cream could be too similar in the example. It could also mean that the registered trademark has the appearance or sound of your brand or significance are the same.
Once you’ve scoured and found the name you’d like to trademark, you’re now ready to begin preparing a trademark application.
You may file for a name that is already in use commercially, or even intend to trademark your name at some point shortly. This trademark’s application is made up of 10 elements:
- The address and name of the applicant
- The legal and citizenship of the applicant
- An address and name to be used for correspondence in the future (this is not required to be identical with your name)
- A sketch of the intended mark (if you’re only seeking the name, and you don’t need to add a design element just enter the name)
- In-depth detail of what is the hallmark
- A list of specific items or services that are covered by the trademark application
- The type of service or products
- A sample of the mark used along with the date when it was first utilized
- A signed and dated copy of your signature or an official representative
- The appropriate fee is based on the nature and the number of classes listed in the application
After you’ve completed the application, you’ll have two options for filing: TEAS Plus and Standard TEAS. It is cheaper and has a more simplified process and has an enviable rate of rejection.
However, if you require to write a unique description of your service or products that aren’t included in the list of pre-sets Plus offers, the risks of the Standard alternative may be more appropriate for your particular situation.
After you’ve completed your application, you’ll be issued a confirmation receipt by the USPTO as well as a serial code which you can use to determine whether your request is in the process through the Trademark Status and Document Retrieval ( TSDR) portal.
- The trademark application to register the brand name
The filing of trademark registration applications is performed manually or filed electronically. If you file a manual application option, you must apply for trademark registration by applying in person at any of the 5 Trademark Registry Offices, which are located in Delhi, Mumbai, Ahmedabad, and Chennai.
Once you’ve filed your application, an anacknowledgment of the filing will be sent within 15 to 20 days after the filing. The process is easy and the acknowledgment of the application is promptly given.
- Examining your brand’s name registration application
The application is then reviewed by the concerned officer to confirm the validity of the brand name. The registrar ensures whether the name does not interfere with any already existing or even pending name and makes sure that all legal formalities are completed.
If you’ve spent a lot of time racking your brains trying to come up with an original name, it will be effortless for you.
- Publication in Indian Trade Mark Journals
If you’ve successfully cleared the hurdles up to this point, the trademark name and logo will be published in a well-known Indian Trade Mark Journal.
If no objection is raised against your chosen business brand name in the next 90 days, or up to 120 days, in some instances, it’s time for celebration!
- The trademark registration certificate is issued.
If the registrar does not receive any objection within the time limit the trademark’s name and logo will be legally secured. Then you will be issued a Certificate of Registration that bears the seal of the Trademark Registry.
Woohoo! You’ve finally achieved it. The entire process goes on from the moment you submit your application for trademark registration until you get it completed in 15 to 18 months. The trademarked logo and name will be legal for 10 years. The trademark is easily renewed through the payment of the renewal cost.
Should You Register Your Business Name Trademark?
It is not mandatory to register your business trademark to be legally protected. If you do choose to use trademarks in your business within the country, you will be given an “associated standard” to it.
This implies that you could begin using it right away and demonstrate that you own it by proving that it was the very first person to use it for commercial purposes. A common mark on the other hand restricts your rights.
There are many advantages when you apply for a registered business name trademark in the federal system. It confers you with the rightful owner of the trademark and exclusive rights to use it wherever in the United States for the products and services you have specified in the application.
Additionally, the rights of the common law are secured by the geographical zone in which you are operating, and licensing the trademark under your jurisdiction protects your rights just within the borders of the government in which you operate.
The most important way to present your business to the world is through the brand. Think about someone else using the name of your company to make agreements that are contrary to your business’s goals and values. A trademark is required to provide your business with the greatest constitutional immunity.
Should I Start With a Trademark or an LLC?
It’s largely dependent on your business goals, which will determine whether you should apply for an LLC or copyright first. An LLC or limited liability company (LLC) can be described as an individual limited liability company that is classified as a corporate entity in the United States.
While you can obtain an LLC from any state, however, it is usually offered by the state where the business is situated. Registration for an LLC generally takes less than a day, while trademark registration takes about three months on average. It is logical to apply for the LLC in the beginning if you wish to be able to operate immediately.
If you’ve got plenty of time, and are more focused on safeguarding your legal rights to your name before releasing it into the world for fear of being snubbed by another person, then applying for the mark in the first place is a better idea.
Book end-to-end experts consultation with Odint company formation experts
If the above steps follow, then registration of an online brand isn’t a difficult task. Furthermore, with Odint Consultancy, you can simplify the process.
When you work with us, the registered business name trademark of your brand will be done in a matter of minutes. Our team of professionals will never leave a stone left unturned to assist you through the entire procedure.
In India, the trademarks are registered through the Controller General of Patents, Designs and Trade Marks. Registration of trademarks can be performed in person (physical filing) or online, i.e., E-filing (Online trademark registration).
You cannot get a trademark registration for free. Yet, you can establish what is called common law trademarks “common law trademark” for absolutely nothing, just by opening a business.
In the future, the owner can be sued for having the same name used by an individual regardless of whether the third owner registered a trademark on behalf of the company before the original owner established the business.
Key Takeaways on Trademark Registration in Florida
- Make your name and logo.
- Find similar names and logos.
- Complete the application form and make sure you are specific.
- Submit your application in writing and pay your trademark registration fee.
Parshant Gaur is a company formation specialist with 4+ years of expertise in international business. Financial planning, risk management, and other related areas.