Can You Trademark Your Business Name?

A trademark is a distinctive image, word or other thing that associates with a product or service. So, can you trademark your business name?

Most people think trademarks are logo oriented. In some ways, this is true. The Nike Swoosh is clearly a logo trademark that stands out in peoples minds. When you see it, you immediately think of Nike and its products. While logos can clearly be trademarked, what about a business name? The answer is both yes and no.

A trademark is a consumer oriented thing. While it protects the intellectual property of businesses, it is a legal step designed to protect consumers. The basic idea is a trademark should point to a particular product or service and only be used by the company backing those items. This helps consumers in two ways. First, it represents an assurance of a particular type of quality associated with the products or services provided by the company. Second, it precludes other companies from causing consumer confusion by infringing on that mark.

When it comes to your business name, you can trademark it if certain requirements are met. I am going to avoid the legal mumbo jumbo that confuses people, and stick with a general rule of thumb. If you use your business name in advertising or on the product or service, you can trademark it. A classic example is ?Google?. Google is both a company name and used on the service itself. When you go to the home page of Google, you see ?Google? prominently displayed. As a result, this business name can be trademarked.

If you do not use your business name in a direct communication to consumers, you cannot trademark it. Why? Well, there is nothing distinct about it that reminds consumers of the connect. TJMaxx is a well-known discount retail store. Most people have at least heard of the name. The company behind the name, however, is actually TJCos. Nobody has heard of ?TJCos? and certainly do not associate it with a store. As a result, this business name would be difficult to trademark, if not impossible.

If your name is going to be a fundamental part of your marketing effort, you should consider trademarking it. If it is not, then your probably should save your money. Obviously, each situation is different, so make sure you speak with legal counsel in your area.

Richard A. Chapo is a trademark lawyer with http://www.SanDiegoBusinessLawFirm.com.

Twelve Steps To Filing A U.S. Patent Application: [With Time And Cost Estimates]

Inventing is a challenging task. Before you bring the invention to market, it is wise to take the appropriate steps to insure that you protect your invention. The most important protection that you can get is a patent. Intellectual property law is complex. Obtaining a patent can be expensive and usually requires the services of a patent attorney, who can walk you through the steps of evaluating your product, and assist you in the patent acquisition process. This guide is intended to give you an overview of the steps needed to acquire a U.S. patent.

1. Preparation and submission of a disclosure in written form to designated company managers of the idea or innovation by its creator(s) for initial review and summary evaluation [Estimated Time: 1-2 hours; Cost: company time].

2. Review by designated company mangers of the disclosed idea or innovation for potential commercial worth and value [Estimated Time: 1-2 hours; Cost: company time].

3. Summary evaluation of the disclosed idea or innovation by patent counsel to identify its technical working essentials and to assess whether these essentials might meet the patent merit requirements of utility, novelty, and non ?obviousness in view of the relevant prior art [Estimated Time: 2- 4 hours; Cost: $195.00 per hour]

4. Review and decision by designated company managers whether and how to proceed with commercial development of the idea or innovation and also whether or not to seek patent protection for the innovation based on patent counsel?s summary evaluation [Estimated Time: 3- 6 hours; Cost: company time].

5. Holding an in-person (if possible) meeting of the creator/inventors, patent counsel, and company mangers in order to determine and decide what is or should be the broadest possible scope for the innovation in commercial and non-commercial terms; and to detail and characterize inventorship, the number and types of commercial formats, kinds of variations, preferred embodiments and minimum essential parts, operation limits and optimal use ranges, and the like which are or might come to be within the defined limits of the innovation [Estimated Time 2- 3 hours; Cost: patent counsel @ $195.00 per hour & company time].

6. Preparation and submission to patent counsel of a complete and full written description of the innovation/invention prepared by the creators/inventors (in one or more documents) which provides sufficient technical detail, relevant drawings, useful background information, a listing of unexpected benefits and desirable advantages, and the relevant prior art for patent text purposes [Estimated Time: 8-24 hours; Cost: company time].

7. Preparation and distribution of a first draft text of the patent application by patent counsel to the named inventors and designated company managers [Estimated Time: 30-35 hours; Cost: $195.00 per hour]

8. Review and substantive revision of the first draft patent application text by the named inventors and designated company managers and return of the revised first draft text to patent counsel [Estimated Time: 5-10 hours; Cost: company time].

9. Preparation and distribution of a second (and presumably last) draft text of the patent application by patent counsel to the named inventors and designated company managers for final comments and changes to the text [Estimated Time: 10-14 hours; Cost: $195.00 per hour].

10. Receipt by patent counsel of final desired or needed changes to the patent application text from the named inventors and designated company managers and preparation of a fully approved text ready to be submitted to the U. S. Patent Office [Estimated Time 2-4 hours; Cost: $195.00 per hour].

11. Preparation by patent counsel of required supporting formal documents and fee payments to accompany the fully approved patent application manuscript [Estimated Time: 2-3 hours; Cost: $195.00 per hour].

12. Submission, with or without prior signature by the named inventors, of the fully approved patent application manuscript, supporting formal documents and requisite fee payments to the U.S. Patent office and obtaining an official serial number and filing date sufficient for patent pending purposes.

David Prashker is a registered patent attorney north of Boston. He has been practicing patent law for 27 years, and specializes in obtaining intellectual property rights for innovations in life and chemical sciences. For more information about David, see his website, http://www.scicounsel.com

Trademark a Name - How to Register a Trademark for Your Business

So, you finally settled on the perfect name for your product or service ? it describes the business without being overly descriptive, it tells your customers exactly what you want them to know and it's catchy. That's fantastic! Finding just the right name is vitally important to the success of any product line or service.

Is it required that I register my trademark?

No, not at all. However, registering your trademark, specifically your Federal trademark, does provide you with several advantages:

• The right to use the circle-R symbol as notice to the public about your Federal trademark
• The exclusive rights to the name within your industry across the country
• Establishing brand identity

But what if someone else already came up with that name?

While the name may be unique and distinctive to you, there is a possibility that another party already has prior trademark or common-law rights to the name for your industry. Before you invest time, money and effort into your name, do some research. The first places to check are right at your fingertips ? the World Wide Web ? and they're free!

Preliminary Search Sites:

• The Trademarks section on the USPTO Web Site
• Your Secretary of State to see if they have a searchable database of names. You can find a listing of all states here
• Major search engines ? put your product name in quotes to find exact matches; use keywords with your product name to find relevant hits
• Yellow pages

However, please be aware that this is merely scratching the surface of what's out there. Only comprehensive research will tell you if the name is truly available. But, these links are free & a great place to start, so try them first. If the name appears to be available, then you can move on to getting comprehensive research done by a private company or an attorney.

Ok, so the name is clear; now what?

To register your trademark, you have 2 options ? file for a Federal or a State trademark. If you are only going to sell your product or services in 1 state, then a State trademark is the way to go. The trademark form can be acquired through the Secretary of State (see link above). If you are OR will be selling your products or services in at least 2 states, then you're able to file for a Federal trademark. The form can be completed online at the USPTO (see link above).

While anyone has the ability to go online to access these forms,it's strongly recommended to hire a private company or an attorney for the preparation and/or filing of the trademark application.To ensure a successful filing, it's best to leave it in the hands of those with experience.

You found the perfect name ? now, make sure it's truly yours!

Shannon Moore is the General Manager, East Coast for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at http://www.tmexpress.com

Is Your Domain Name A Trademark Infringement?

I recently received an email from a concerned, fellow Internet business owner, asking for my opinion on an issue that could literally destroy his Internet business and the business of several other domains involved.

He had received legal notice from a prominent company, stating that he needed to relinquish his use and rights to his web site domain name because it contained three letters that infringed upon their trademark and their domain name. This same company also contacted several other Internet business owners and made similar demands.

Should a company that registers a specific trademark have the ability to destroy numerous businesses that legitimately registered domain names? Should a company that registers a trademark have the responsibility of ensuring that a domain name registration agency doesn't issue domain names that may be a trademark infringement? Or should an Internet business have the responsibility of making sure a potential name doesn't Infringe upon a registered trademark? Where does the responsibility lie?

Ultimately, the responsibility lies with the domain name registrant, as the trademark laws that apply in the hard copy world also apply on the Internet.

Any company that registers a trademark has the right to protect their trademark and has the right to notify you that your domain name is infringing upon their trademark. Why? If your domain name has the potential of confusing the public into thinking the trademark holder is somehow affiliated with your web site, they may bring infringement claims against you. The courts would have to make the decision based upon the trademark laws and if your domain name, in fact, has the potential of confusing the public.

Domain name registrants can protect themselves as well. If you have a registered domain name that doesn't infringe upon any trademarks, you too may be able to register a trademark. Registering a domain name as a trademark isn't easy, but it can be done. Although you can't register the http://www.or the .com, if the use of your name fits the laws criteria, it can be registered. You should consult with an attorney familiar with the Internet, trademarks and the laws prior to registering your domain name as a trademark. For a complete explanation, visit:

http://www.uspto.gov/web/offices/tac/notices/guide299.htm

As stated by the United States Patent and Trademark Office, http://www.uspto.gov/ "A mark composed of a domain name is registerable as a trademark or service mark only if it functions as a source identifier. The mark as depicted on the specimens must be presented in a manner that will be perceived by potential purchasers as indicating source and not as merely an informational indication of the domain name address used to access a web site." In other words, the use of a domain name must not be used simply as an address to direct customers to your web site, but must be used to identify the products or services of the business claiming the trademark, which provides products or services via the Internet.

If you're in the market for a domain name, you may want to consider searching the Trademark Electronic Search System, http://tess.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk prior to registering a domain name. By researching the trademark regulations and knowing your rights, whether you hold a trademark or a domain name, you may be able to avoid the possibility of litigation.

Shelley Lowery is the author of the highly acclaimed ebook series, Web Design Mastery -- an in-depth guide to professional web design that is rapidly becoming known as the "Bible" for professional web design. http://www.webdesignmastery.com