Can brand name be patent [Fact-Checked]

Last updated : Aug 10, 2022

Do you need to patent a brand name?

You'll need a trademark if you're looking to protect your brand's name. If you have an invention or project you're looking to protect, you may be better off with a patent or copyright protection. Next, you must choose the mark to submit to the United States Patent and Trademark Office (USPTO).

How do I patent a brand name and logo?

1. Complete a trademark search.
2. Secure your rights.
3. Submit an initial application at uspto.gov on the Trademark Electronic Application System or TEAS.
4. Fill out the TEAS form for an initial application. Be sure to upload the file of your logo.
5. Submit an "intent-to-use" form.
6. Pay the fees.

Are brand names intellectual property?

Originality may not be the explicit business goal of a new brand project, but brand builders should stretch teams to be different than anything else in the marketplace to help legally protect the brand. Just like names and taglines, the law recognizes a company's logo as its intellectual property.

How much is a patent for a brand name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

How do you own a brand name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

How do you copyright a brand name?

1. Decide on your unique brand name and logo.
2. Conduct an online search.
3. Fill-in the trademark application.
4. Filing for the brand name registration application.
5. Scrutinizing of your brand name registration application.
6. Publication in Indian Trade Mark Journals.

What is the difference between patent and trademark?

What's the Difference Between Patents and Trademarks? A patent allows the creator of certain kinds of inventions that contain new ideas to keep others from making commercial use of those ideas without the creator's permission. Trademarks, on the other hand, are not concerned with how a new technology is used.

Do you patent or trademark a logo?

To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

How do I patent a product name?

1. 1) Come up with a unique brand name for your product. “My name is more important than myself.”
2. 2) Perform a trademark search on the selected brand name.
3. 3) File your trademark application with the USPTO.
4. 4) Follow through with the USPTO during the application process.

Is a brand name a trademark?

All trademarks are brands, while not all brands are trademarks. In its simplest form, your brand is your image. It is what the public sees and thinks about your company. A trademark is a specific aspect of your brand which has legal protection as it is a unique identifier for you.

Can you have the same brand name as someone else?

Trademarked names are registered with the U.S. Patent and Trademark Office (USPTO) and are protected nationally. If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours. Trademark issues can be complex.

Can two products have the same name?

Good or bad? If you pay attention to the communication that different brands are doing on the market, you will notice in many cases, brands that are using the same name for a different type of business or product category. These brands are also called “Brand Twins”.

Is trademark cheaper than patent?

Patenting inventions is extremely expensive, starting at $530 just for filing and processing the patent, with a further $300 in early publication fees. The cost of trademark registration is lower, but it still begins at $275 and goes up from there.

How much is a 20 year patent?

The full cost of obtaining and maintaining a U.S. patent over 20 years is in the range of $20,000 to $60,000. This sum is influenced by the type of technology being patented; the number of claims and drawings included in the application; the number and nature of rejections from USPTO; filing fees, etc.

How much money is a patent worth?

A review of available data shows that, as of 2016, the median price paid for issued U.S. patents was about U.S.$ 225,000, while the average price paid hovered around U.S.$ 360,000.

How do I copyright a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can you trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

What is difference between copyright and patent?

A copyright protects the expression of an idea while a patent protects the idea itself. Patent works more on a design while copyright is another work of an already described design.

What is the difference between trademark and brand name?

Summarising the difference between a brand and trademark A brand is a name given to a product by its owner or manufacturer. A trademark is a term, phrase, or symbol that is legally protected by statute. A brand name is not protected legally.

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hello and welcome back to inventedly this week we were looking at the question can i protect or actually in particular can i patent my domain now this is something that actually comes up quite a bit because a lot of individuals think the patents relate to protecting in some way shape or fashion brands and brand names and companies and things like that let's take a look at it now one of the things to keep in mind when we look at can i protect my my pat can i patent my brand name is that that is actually a little bit of a misnomer because patenting relates is you may recall two inventions whereas brand and brand name relates what to trademarks so it's actually two different forms of intellectual property that are going on here and i think this is a good time to kind of review at a high level what each of the aspects of intellectual property are relating to first when we talk about patents in particular as i indicated this is inventions and and so if it's often if you look at the um the u.s code associated with patents is looking at making using or selling an invention an apparatus a method so it's an actual thing that they in in essence can be sold in some manner when we look at brands that is what i often teach students that is the key word to be thinking of when you think of trademarks trademarks is all about about brand brand confidence brand distinction and and and here one of the main goals of trademarks is consumer confidence such that when you go to the store and you pick up an object or let's say a bottle of water you know that for example that bottle of water is indeed from the source that you're buying it from so it's it's confidence in the source from which you are actually obtaining the material or the the item that you are actually buying now when we look at the other aspects of intellectual property we have copyrights and copyrights relate to creations so that that can relate to obviously books often is where where you see copyrights often coming into play you can also have copyrights on on works of art think of statues and things like that you can have on architectural designs you can have it on plays and how it is the place are choreographed so if it relates to something that is being created and then put forth into the public then that could be the basis for a copyright last but not least we have uh trade secrets and there is no secret there that that relates in particular to secrets so if we have something that we are creating that we need to keep as a secret that would be a perfect thing to kind of focus on with respect to trade secrets now sometimes some of the questions that arise with respect to can i patent something let's take just kind of a clear example and and often what i look at with with my students is that we look at the example of a hammer so we have a hammer and let's say that we're going to protect the hammer or some matter a patent would be off of the the actual hammer itself so we have a hammer as a type of apparatus so this is a physical object that we're trying to protect um the trademark would be obviously let's say the the brand that it is being that that hammer is being sold under so let's for purposes of our discussion let's assume it's a brand such as stanley or some other construction type company so again two different things we have a brand here we have the actual apparatus here copyrights what would relate to this this could be relating to websites so let's say there's a website that actually sells the hammer or information user manual that describes how to use the manner things of that nature now trade secrets is often let's say a little bit of the hard one and for purposes of our discussion let's assume that this was a 3d printed hammer now i'm not aware that hammers are 3d printed but for purposes of our discussion today let's just assume that it actually is 3d printed and a trade secret would not would often relate to something that is not being shown to the public eye so let's say that we have a 3d framework and we are 3d printing a hammer when we look at it from that point of view let's say that there is a scaffolding for the 3d structure so we have you know if this was our hammer we might have something along the lines of a 3d structure that was used initially to build up underneath the hammer so that you can actually build it up now if it's something like this let's say this is our secret sauce where when we subject it to a specific temperature then that secret sauce melts away and this is sometimes that they do where when they are 3d printing and things of that nature they might have a resin or a specific wax and when they go ahead and heat it up to a specific temperature it's at that point that it melts away and the public for all intense purposes never knows that it was there well if it never knows that it was there then that's the perfect thing to just kind of keep a secret and that and that's something that um that again would relate to to trade secrets so when we look at overall everything that's going on within this particular example we see very clearly the wheat that the hammer is really relating that the invention itself the brand under which it is being sold extra material that is associated with disseminating information associated with it and obviously any secret potentially that relates to it so hope that that helps have a wonderful week you

Thanks for your comment Rosalinda Devincenzo, have a nice day.
- Edwin Geel, Staff Member

a special forces us within a way that my

Thanks Shawnee your participation is very much appreciated
- Edwin Geel

About the author

Edwin Geel

I've studied spectroscopy at Berea College in Berea and I am an expert in library instruction. I usually feel irate. My previous job was hospital administrator I held this position for 8 years, I love talking about dining and wrestling. Huge fan of Ron Swanson I practice flag football and collect casino chips.