When you own a small business, your name is everything. If you've formed a corporation or an LLC, you have some protections against other companies in your state having the same name. But for brand protection, you may want to register your name as a federal trademark.
The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).
In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.
Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the U.S. from using your trademarked names.
You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center at and choose "Search." Then follow the instructions you see on the screen.
Incorporating a new company will prevent other businesses from registering the same, or a very similar, company name to yours. A trade mark is a sign which can distinguish your goods and services from those of your competitors. Registering a company name does not automatically protect it by trade mark law.
Trademark law protects names, logos and other “marks” that are used in commerce. To register your name as a trademark with the U.S. Patent and Trademark Office (USPTO), you must use it in business. But if—like most people—you only use your name for personal purposes, you can't register it as a trademark.
To register a trademark, go to the U.S. Patent and Trademark Office's Web site, Don't add a domain extension to your trademark to prevent others from registering the same name by adding another extension.
Trademarks
- LegalZoom Legal Plans.
- MyUSACorporation.
- RocketLawyer.
- SwyftFilings.
- Trademark Engine.
- Trust and Will.
- TTC Business Solutions.
- Willing. WillMaker.
It can take three to four months from the time the notice of publication is sent before the applicant will receive official notice of the next status of the application.
Trademark. Trademarking your business name gives you more protection than just registering it. Once you've trademarked it, you can sue anyone who infringes on it. Even a name that's not identical can infringe if it's close enough to confuse your customers.
Yes, you can have a company with exactly the same name. But, only if your business is not in the same "class" of business as the other company(s). Looking at a trademark search for "Virgin" (Trademark search at USPTO ) there are 829 current and past trademarks that use this word.
It is a simple thing for someone to snatch it out from under you and claim ownership of it. Your first step should be to register the name as a trademark. You can do this online through a number of services or hire an attorney. However, you can probably trademark a combination of words, such as “Biz Tipz for You”.
Even after your trademark application has been approved, people can challenge and steal your intellectual property, using legal means. When a trademark is issued, the United States Patent & Trademark Office (USPTO) provides the terms and grounds on which the rights may be retained.
The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.
The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees. Get free estimates from trademark attorneys near you.
