Should You Register Your Business Name and Business Trademark

By Business Editor

As your business grows and you become more successful, you will have greater measures and resources available to protect your company if you register your business name and business trademark ...

More and more people today are considering starting their own businesses. Modern technology has not only created a myriad of new business opportunities, it has also provided inexpensive means to create, source, market and distribute products and services at the local, state, federal and global levels. This means that you no longer have to slave for a company you don’t own just to earn some money. There are many people today who are working in companies in order to earn enough capital to eventually start their own business. With your own business, you will be the boss and can have a lot more freedom in terms of work hours, work location, taking time off and making decisions.

The first thing you should think about when starting your own business (after doing sufficient research to determine whether or not your business opportunity is really worth pursuing), is to think of a business name and a trademark symbol that can be associated with it. The business name should be unique and should meet all the necessary requirements that the registration office will allow. However, the trademark is another story. You have to register your business trademark with the United States Patent and Trademark Office.

Like the business name, the trademark should be unique and should meet all qualifying criteria to get it approved. However, you need to be aware that the business name itself can also be your trademark symbol, providing you make sure that the lettering and the business name are unique.

Registering your business name as well as the trademark symbol is very important. This is the logo that separates one company manufacturer from the other. It prevents confusion among consumers regarding which products to buy. For example, if you are looking for a pair of Nike tennis shoes, you look for the Nike logo which is the "check" sign usually associated in the tags and displayed on their products. You identify that the shoes are authentic by the trademark symbol.

By registering your trademark with the Patent and Trademark Office, you can be sure that no other companies will try to use your trademark symbol as it makes it illegal for them to use without your permission. A trademark grants you certain intellectual property rights, such as protection of your business ideas. Even the design of the product cannot be copied if you copyright the design with the Patent and Trademark Office.

If you register your business name and trademark, you will have exclusive use of it. Other companies will not be able to add your trademark and business name to their products. Since no one will be able to use the business name and the trademark of your company, you can be sure that your company’s reputation is protected.

It is also recommended that you should register your trademark as soon as possible in order to claim it first and avoid others from claiming your trademark as their own by registering it at the Patent and Trademark Office. However, you can temporarily copyright your trademark symbol via the "poor man's" copyright. To protect your trademark symbol through a poor man's copyright, all you need to do is enclose a copy of the design in an envelope and mail it to yourself. When the mail arrives, you will notice that there are stamps in it as well as the date received and delivered in it. Leave the envelope unopened and when someone claims it in the Patent and Trademark Office, you can present the unopened envelope to the Patent and Trademark Office. The PTO personnel will then open the envelop and examine the trademark design in it.

You also need to be aware that registering your trademark will take some time to get approval. This is why you should consider hiring a lawyer that specializes in patent and trademark law as well as anti-piracy and intellectual property law. They will be able to help you with the different paperwork associated in filing a trademark registration. They will also examine your trademark symbol and make any required recommendations regarding design changes if anything needs to be altered in order to expedite the approval process.

These are just some of the things you need to consider when applying for a trademark registration with the Patent and Trademark Office. Remember to plan for this and you can be confident that as your business grows and you become more successful, you will have greater measures and resources available to protect your trademark as well as the reputation of your company.

Next article: The Importance of A Registered Trademark

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Recommended Trademarking Resources

A Trademark Guide for Entrepreneurs - A Trademark Guide for Entrepreneurs provides the information business executives need to know about protecting their most valuable assets - their trade names, trademarks and service marks. In easy-to-follow language, Robert E. Lee explains how to register trademarks and trade names with both state and federal offices, police the marketplace for possible infringers and successfully exploit the marks through assignments, licenses, franchises and joint ventures. Most importantly, A Trademark Guide for Entrepreneurs teaches the corporate officer, director or manager how to select and use effective trademarks that will stand out in over-crowded market areas, thereby increasing market share and profit potential.

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How to Register Your Own Trademark: With Forms How to Register Your Own Trademark: With Forms

Author: Warda, Mark. Number of Pages: 248. Published On: 2004/05/01. Language: ENGLISH.

While nearly everyone has created some work that deserves copyright protection, few people know the process for registering and protecting their products or ideas. Similarly, a trademark that has been registered accurately is the most valuable asset a company can have.

The information contained in this book makes it easy to register work and business trademarks accurately. Contents include: Addresses and phone numbers for easy registration in each state; Instructions for preparing the necessary forms; Explanations of the different types of registrations available for trademarks; Legal Reference / Law Profession.

How to Register Your Own Trademark: With Forms


For more information about Trademarking-related resources, see our Business resources section, subscribe to our Business Newsletter containing news, updates and insider tips, or go to more articles about Trademark Business Name.

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