A Guide to Trademarking a Business Name

Trademarking a business name can vary in the degree of complexity from simple to impossible depending on your specific business name.

In order to trademark a business name the main determining factor will be how unique or generic your name is. The more descriptive your business name is the lower the chances this will make consumers associate those words with your business.

Ideally, you would want to choose a name that is arbitrary or unique so the trademark process will be as simple as possible.

After choosing a distinct business name you want to trademark, the next step is to file an application through the United States Patent and Trademark Office. Registering your business name as a trademark will not be too difficult, as the government has made the online application fairly simple.

The most difficult part of the process of trademarking a name is making sure that you have a unique business name that no one else has. Additionally, the government has another database to check called Trademark Electronic Search System (“TESS”). The database is a good starting point for your research, but business names could still be in circulation registered at the state level or even unregistered that you will not be able to take.

Having an experienced trademark attorney help you with this part of the process will not only save you a lot of valuable time and money from rejection by the government due to poor research, but will also help in further legal action.

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