How to register business name trademark?

How to register business name trademark?

Legal & Compliance

Vakilsearch Staff

Vakilsearch Staff

15 Jun 2022, 10:02 — 8 min read

Obtaining a trademark for your business name is a significant step that can help secure your brand identification from unauthorised use or theft. The trademark registration procedure is simple and may be completed in a few simple steps. This article will bring you through every stage of registering and trademarking your brand name, along with addressing some commonly asked questions about the process.

 

What is the definition of a Trademark?

A trademark is ‘a phrase, expression, sign, and design that defines and differentiates the origin of one party’s products from that of the competitors’. Steps to registering your business name as a trademark. It’s not as straightforward as forming a Corporation to trademark your company image, and it may take longer than you think.

1. Perform a search

First, ensure the term you want to register isn’t already registered as a trademark in the central database. It would help if you looked not only for the surname you desire but also for related names. Your participation may be refused if your name is too close to one already enrolled in the same course. You can also search for trademark class search before finalising your trademark.

While this presents to be a simple task, it is not. For instance, Iguana Dessert and Iguana’s Frozen Yogurt may be too close. It could also indicate that a trademark registration resembles your mark in appearance or sound or that the connotations are comparable.

2. Fill out an application

It’s time to create your trademark registration after researching and verifying the term you wish to mark. You can apply for a domain that is already used commercially or that you intend to use in the foreseeable future.

3. Keep a file

You have two submitting options after completing the application: The Plus and The Standard. The Plus version is less costly, more efficient, and has a reduced failure rate. If you need a custom definition of your goods or commodities that aren’t accessible in the predefined list Plus, the risk involved with the Standard option may be more beneficial for your circumstance.

 

What’s the distinction between a Trademark, a Registered Trademark, and a brand name?

A trademark protects products, while a registered trademark covers services. Both sorts of markings are commonly referred to as ‘trademarks’. Both are intended to limit rivals’ capacity to deceive consumers by making false claims about where a service/product originated.

 

Should you register your business name as a Trademark?

It is not compulsory to register your business to have legally protected rights. However, by using a trademark in your firms in the country, you are awarded an ‘associated standard’ to it. It implies you might start utilising it immediately and prove your possession by proving you were the first to utilize it professionally. A prevalent mark, on the other hand, imposes restrictions on your privileges.

There are several benefits to filing a federal trademark application. Most crucially, it grants you rightful possession of the mark and exclusive powers to use that anywhere in the Country in connection with the items and services you specified during your application. In addition, prevalent powers are protected by the local geographical region in which you operate, and licensing the trademark with your jurisdiction preserves your interests only within that government’s borders.

The primary method you portray your organization to the world is through its brand. Consider someone else utilizing your firm’s name to make deals that oppose your company’s vision and beliefs. You’ll need a trademark if you would like to give your company the most constitutional immunity possible.

Who should register their business name as a trademark?

If your company has a unique name, you can patent it as provided as it isn’t too close to another title that has already been registered. For instance, if the title is too generic, such as The Ice Cream Parlor, it is challenging to trademark. On the other hand, Iguana Dessert, for example, is more apt to be trademarked since it unusually combines familiar phrases.

It’s also crucial to consider the geographical region you’ll serve. The immediate prevalent trademark registration that comes with utilizing the name is limited to your local territory. However, if your company operates in numerous states, you should file for copyright to safeguard your brand.

 

Should I start with a Trademark or an LLC?

It is highly dependent on your business objectives whether you should apply for a copyright or an LLC first. A limited liability corporation (LLC) is a private limited liability company classified as a corporate structure in the Country. Although you can get an LLC from every jurisdiction, it is typically provided by the state where the business is located. An LLC registration typically takes less than a day to complete, whereas a registered trademark takes 3 months on typical.

It makes sense to file for the LLC initially if you want to start operating immediately. If you have more than enough time and are much more concerned with protecting your legal naming rights before putting it out into the public for fear of it being co-opted by someone else, applying for the mark first makes much more sense.

 

Is it urgent for your company to register a trademark?

Your company doesn’t need to register a mark straight away. When establishing a trademark, you must typically be able to demonstrate “use in trade,” which implies you must establish that it’s being used before you can file it. There is, nevertheless, the option of filing an intent-to-use (ITU) trademark registration.

Do I need to establish a trademark if I create a business name?

Most business names are registered at the state level and thus are not protected by the federal government. Therefore, there is no value in registering a mark if you are only planning to provide products and services within that jurisdiction. However, if you’re selling goods and services in many states and want protected status for your company’s name, you’ll need to file a trademark application.

What is the validity of your registration if it is accepted?

A registered trademark is only relevant if you keep it up to date. A trademark doesn’t expire after it is issued as much as it is used for the intended purpose. On the other hand, a brand does not provide you possession of a word, phrasing, or picture; instead, it grants you the right to use that term, utterance, or image to designate the services or items indicated in the register.

 

Also read: 5-step guide to trademarking your brand

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Image source: Canva

 

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the views, official policy or position of GlobalLinker.

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