Trademarking Your Business’s Name
MSNBC.com:
Generally, the steps you’ll need to take to trademark your business name include the following:
1. Do a trade name search on the U.S. Patent and Trademark Office website [www.uspto.gov] to make sure it’s not too similar to an existing trade name;
2. Complete and file (in paper or online) with the U.S. Patent and Trademark Office either an ‘Intent to Use Application’ or an ‘Application for Mark in Use,’ depending on whether you’ve begun using the trade name yet;
3. Use the trade name in commerce as required;
4. Await action by the Patent and Trademark Office. They’ll contact and advise you if a patent or trademark already exists and whether your application was correctly filed;
5. Upon acceptance of your application, your trade name will be published in the Official Gazette of the Patent and Trademark Office, publicizing the fact that you’ve been granted a trademark;
6. Protect your trade name by timely renewals of your trademark for that name, consistently use the designations ‘TM’ or ‘R’ immediately following each use of your trade name to give notice of your registration, and stop infringers from using your name by sending the abuser a cease-and-desist letter and filing suit, if necessary.
Putting your name on a store sign or on employees’ T-shirts isn’t enough to protect your trade name from use by others. If your business name is unique and hasn’t been used or registered by someone else, it may qualify for protection under the trademark laws of the United States as well as the trademark laws of your particular state. If you haven’t taken any steps to protect your name, now’s the time to get started.
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