how to trademark a name

Can you properly identify your goods or services? Personal Information in Trademark Records. To do a proper search, you will have to check for different possible versions of the trademark that you want to register. While the setup is staged for educational purposes, the information provided is real. If you do in fact infringe on an existing trademark before making sure that you’re the first to use it, you may be liable for damages claimed by the other party. The responsibility of enforcement falls on the trademark holder – you. When you register your trade mark, you’ll be able to: The Office may answer general questions, but may not provide specific legal advice. Find out what you need to do to create a DBA in California. As soon as the Registrar receives your application, it too becomes part of the public record.

From: Canadian Intellectual Property Office. "South Pole" may then challenge your application during the opposition stage in the registration process. Allowing you to use such place names as your trademark would mean you are the only one who can use the geographical place name, and that would be unfair to others who trade in that place. Can I trademark a name used for a 4-H project?

Correspondence about opposition or summary expungement (section 45 of the Trademarks Act) must be clearly marked "Attention Opposition Board" or "Attention: Section 45 Proceedings", depending on the contents of the letter, and addressed to: Trademarks Opposition Board You can sell, bequeath or transfer your rights to someone else through an assignment. Does it need to be a logo? You must check the status of your application at least every 3-6 months after the initial filing of the application, because otherwise you may miss a filing deadline. For example, the words "sweet" for ice cream, "juicy" for apples, and "perfectly clean" for dry-cleaner services could not be registered as trademarks. You do not have to do this, but it will help you know whether similar trademarks exist.

In other words, you must not change it in any way, including changing the colour as you described it in your application. You can use the United States Patent and Trademark Office’s Trademark Electronic Search System (TESS) to search for active and inactive trademarks. This filing date is important since it is the date used to assess who is entitled to registration in the case of confusion between co-pending trademarks. Is enforcement of the singular plural implied? The following are a few websites you may find helpful. Josh Gerben, Esq. Trademark examiners look at many things when they decide whether trademarks are confusing, including: Let's go back to the example of "North Pole" ice cream. We are starting a small business, and need all the, "I'm starting my own business and wasn't aware of the information provided. By the end of the video, you'll understand why having a trademark component of your business plan is critical to your success. Provides a searchable database of all decisions made by the judges of the Federal Court and the Federal Court of Appeal. Some things you want to avoid: generic names, or names that are merely descriptive of the product or service that you offer, without any differentiators. Don’t worry we won’t send you spam or share your email address with anyone. You may register its business name, but that is not a trademark. Trademarks that are generally unregistrable include the following: A trademark may not be registered if it is nothing more than a name or surname. Any person can oppose a trademark application advertised in the Trademarks Journal . If your trademark is granted, you will be notified in writing that it has been registered. After watching this video, if you have any questions about proper mark selection (one that is both federally registrable and legally protectable) or the benefits of federal registration, please feel free to email TMFeedback@uspto.gov. Whoever does it needs a lot of knowledge about trademark law and how the Registrar's office works. In most cases, you won't be legally required to secure a trademark, but it is a good idea if you want to protect the name and prevent a competitor from using it. Although USPTO staff can provide information about the federal application process, USPTO employees cannot give you legal advice or help you fill out forms. If a trademark enters the common vernacular as a generic term, the owner can lose the rights to the term. PAST RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Once the Registrar has received the requested evidence, the owner and the other party can send in written arguments and also appear at an oral hearing. If you want to learn more, like when you should hire a trademark attorney, keep reading!

The contents of this blog are for informational purposes only and may not be relied on as legal advice. You can find a list of agents here. DRE” Trademarks, Jimmy Butler Files Trademarks for “BIG FACE COFFEE”, Nike and Kawhi Leonard Reach A Settlement Agreement. People occasionally confuse trademarks with patents, copyrights, industrial designs and integrated circuit topographies. Generate 100's of unique and creative business names. The tool allows you to use a variety of filters to see as many results as possible. To trademark a name, find out if your “mark,” fits the United States Patent and Trademark Office (USPTO) definition of strong, which means the mark must have an arbitrary, secondary meaning that reflects your services or product. The video is a must for anyone interested in starting a business to sell a product or offer a service. The Registrar could start summary expungement proceedings, after three years beginning on the day on which a trademark is registered, either on their own at any time during the life of the registration, or if another party pays the proper fee and asks them to. Regulates Canada's chartered banks, and restricts the use of the term "banking services" in order to prevent unauthorized use of this term.

advice we can get. A trademark is a brand name. The level of specificity depends on the type of goods and/or services. In order to be entitled to registration of a trademark, an applicant must be a "person". More details on mark types, goods and services, filing basis, and searching are provided in the next four sections. Many states and local jurisdictions register business names, either as part of obtaining a certificate to do business or as an assumed name filing. The proper fee must be sent with the statement of opposition or the request for more time. Plant Breeders' Rights Office (Canadian Food Inspection Agency).

A trademark is a sign or combination of signs used or proposed to be used by a person to distinguish their goods or services from those of others. You can register any trademark that does not contravene the Trademarks Act. In addition, the representation must not exceed 8cmx8cm in size. Read the guide to new applications before you start if you’ve not applied before. Tips. Before starting the application process, it is important to have clearly in mind (1) the mark you want to register; (2) the goods and/or services in connection with which you wish to register the mark; and (3) whether you will be filing the application based on actual existing use of the mark or a bona fide intention to use the mark in the future.

Learn more... A trademark is a symbol, word, or phrase that represents a product or a service. If there is a conflict, the Registrar will tell you or your agent and ask for your comments. If you fail to do this, the registration will be canceled. Once this process is finished, we will acknowledge that we have received your application and give it a filing date - that is, the date on which your application met all the filing requirements. wikiHow is a “wiki,” similar to Wikipedia, which means that many of our articles are co-written by multiple authors.

A suggestive name, such as “Chicken of the Sea” tuna, can be trademarked. Alt-0174 (numbers entered on the number pad) is the alt code for that symbol. To create this article, 14 people, some anonymous, worked to edit and improve it over time. These are made up names and names that are not logically connected with a product or service. An attorney will also help you complete the complicated filing process. You are responsible for enforcing your rights if you receive a registration because the USPTO does not "police" the use of trademarks. If you’re not sure how to answer these and other questions, review this webpage to avoid mistakes that cost you time, money, and potentially your legal rights. Can I trademark the name I go by on social media? Beware of trademarks that are similar to another trademark that is registered or is the subject of a previously-filed application.

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