Trademark registration can protect your business name. Find out how to get started with this easy-to-follow explanation of how the registration process works, how much it costs, how long it takes and more.
What would you like to protect?
updated September 1, 2023 · 3min read
A trademark can protect your business name from being used by competitors. To be eligible for trademark protection, your business name must be a name that you use in commerce to distinguish your products or services from the products or services provided by others.
Choosing a name that can be trademarked
You can register a trademark for a business name with the U.S. Patent and Trademark Office (USPTO) if it is sufficiently distinctive and does not create a likelihood of confusion with other trademark registrations or pending registration applications.
Distinctiveness
The USPTO will only register a trademark for a business name that is distinctive: You cannot register a generic name such as “books” or “shirts,” and it is unlikely you could register a descriptive name such as “The Best Cookies.”
The most distinctive business names are “coined,” or made-up, names such as “Kodak” or arbitrary names that use an existing word to identify an unrelated product, such as “Apple” for computers. You can also trademark a suggestive name that implies a product or a product trait without actually describing it, such as “Greyhound” bus.
Descriptive business names are more difficult to trademark. A descriptive name might include a person’s name, such as “Bob Evans” restaurants, or a description of the product or services, such as “Cheesy Pizzas.” To register a trademark for a descriptive name, you will usually have to provide evidence that the name has become so well known that people automatically associate it with your business.
Likelihood of confusion
The USPTO may refuse to register your business name if it finds there is a likelihood of confusion between your name and another registered trademark or pending trademark application. A likelihood of confusion arises if:
Registering your trademark
You can register a federal trademark for your business name by filing an application with the USPTO’s online Trademark Electronic Application Service (TEAS) or through an online trademark service.
Looking to register a trademark for your business name? Start with a comprehensive trademark search. If you are ready to continue, LegalZoom can help create and file your trademark application with the USPTO.
by Jane Haskins, Esq.
Jane Haskins is a freelance writer who practiced law for 20 years. Jane has litigated a wide variety of business disp...
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