Innovative Patent & Intellectual Property Attorneys

How do I trademark the name of my new business?

| Mar 17, 2021 | Trademarks

If you have a well-funded start-up company in Minneapolis, one step you may want to take is to trademark the name of your fledgling enterprise. Trademarking your business name can protect the interests of your business. The following is a brief overview of how to trademark the name of a business according to the United States Patent and Trademark Office.

Identify your trademark

First, you will want to identify your trademark. An application for a trademark must include a clear representation of the mark you are seeking to register. This allows the USPTO to file the mark in its search records and print it in the Official Gazette, as well as the registration certificate.

Identify your goods or services

Once you select a mark, you have to be able to identify the goods or services the mark will apply to. This identification needs to be specific enough to identify the nature of your business’s goods or services.

Search the USPTO database

Before applying for a trademark, you should perform a search of the USPTO database. This is necessary to determine whether another company has already trademarked the mark you wish to use. You cannot have the same trademark as an already existing one.

Identify the applicable basis for filing your trademark application

You must have a basis for filing for a trademark. In general, this basis will either be that you are currently using the mark in your business activities, or you intend to use the mark in your business activities in the future.

File your trademark application and pay any applicable fees

Trademark applications are filed online through the Trademark Electronic Application System (TEAS). You will also have to pay the proper filing fee. Note that this fee will not be refunding, even if your trademark application is denied.

Monitor the status of your trademark application

The USPTO will not monitor the progress of your trademark application. You should check the status of your application every three to six months, so that you do not miss any filing deadlines.

Learn more about trademarks

Ultimately, this post is for informational purposes only and does not contain legal advice. To learn more about trademarks, you can visit our firm’s website for further information.


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