Business Name Trademark?

Question

I want to start a business that will eventually be multifaceted, (i have all of the ideas already) but I want to use the same name or spin-offs of that name for each aspect of the business. HOW do I register that name so that no one else in the world (or at least country, U.S.) can use it? about how much would it cost and how long does it last?

Answer 1

Great question!

You'll want to file an "intent-to-use" trademark application with the US Patent and Trademark office. For each class of goods or services that you want to register your trademark in, the application fee is $325. Bear in mind that this is an APPLICATION FEE, and it is nonrefundable, even if you are not granted the trademark. It's a good idea to find an attorney to assist you with the search and application process so that you don't waste your money with the Patent and Trademark Office.

You have to "prove" that you're using the trademark sometime between the 5th and 6th year after you register it, and then sometime in the year before the ten-year anniversary of your registration. You can then renew it every ten years for as long as you're still using it. (It does cost to renew it each time, of course...the government needs their money.)

Answer 2

Obtaining a federal trademark is an involved multi-step process. It will cost several thousand dollars to complete, and you will need an attorney that speciallizes in this field to push the mounds of paperwork through. Once granted, it can be renewed indefinitely, trademarks do not go into public domain per se, but if abandoned can be claimed by others.

A first step would be to check the trademark office database to be sure that your name or a variation has not already been issued. Many TM words have been registered by companies that do not currently use them, they can hold them in reserve until needed. It is easier to trademark a logo or symbol than a word. Only non-sensical words, like Kodak or Kleenex, can be protected, that is why so many "patent" medicines have such weird names. Words that already have a meaning generally are not permissible.

The world trade organization discourages foreign countries from allowing the deliberate use of TM names by commercial competitors. However registration in other countries of a US granted TM is not a cumbersome proceedure, unless that word has a meaning in the local language.

Answer 3

You need to make sure the name you have in mind is not taken. Then you can file and it is going to be around $325. I advice you to go to www.uspto.gov to get all the information. If you are a novice in the world of business I also advice to contact your Small Business Development Center. Best wishes.