Can i register my name as a trademark [Expert Advice]



Last updated : Sept 4, 2022
Written by : Sanford Hammrich
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Can i register my name as a trademark

Can a personal name be trademarked?

If the name is a personal name you may use it a trademark, as long as a namesake does not beat you to the punch, meaning that your proposed personal name would not cause a likelihood of confusion with a similar name already in use for related goods or services.

What happens when I trademark my name?

Registering a trademark entitles the owner to exclusive rights to use the name in connection with the class of goods or services for which the name is registered, and and makes it clear who the owner of the name actually is—all on a national level.

When should you trademark your name?

While it's advisable to apply for a trademark as soon as possible, there is one catch. Having a trademark implies that your product or service is market-ready and the trademarked name is being used in interstate commerce (i.e. selling in more than one state).

Can you change your name to a trademarked name?

Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is being examined or after your trademark has registered.

Is it better to trademark or copyright a name?

A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company's intellectual property, such as your logo.

What names can you not trademark?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

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 without a business?

You can't register a trademark for non-business purposes. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future.

What is the cheapest way to trademark?

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).

Should I get an LLC or trademark first?

4. Should you get an LLC first or trademark? Yes, you should get an LLC first before a trademark because the trademark application will need to identify the LLC as the trademark owner. You should create an LLC or business entity before you file a trademark application.

How do I trademark 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.

Can you copyright your face?

Many wonder, “Can I trademark my face?” Unfortunately, the immediate answer is no. Copyright is only valid for man-made creative ventures. The creative work must be a product of deliberate effort through creativity and conscious choices.

What are the benefits of having a trademark?

  • A Federal Trademark Registration Protects Against Infringement.
  • A Federal Trademark Registration Provides Nationwide Validity.
  • A Federal Trademark Registration is a Valuable Asset.
  • Unique Trademarks Helps Customers Find You.

How do I protect my business name?

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the United States from using your trademarked names.

How do you know if a name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center and choose "Search trademarks." Then follow the instructions you see on the screen. Check state trademark databases.

Why should I trademark my business name?

A company's business name is among one of its most powerful branding assets. And as with other business assets, it's wise to protect it. If a business owner fails to do so, they run the risk of another company using the name. That can potentially confuse customers and create legal issues.

Can a single word be trademarked?

A trademark registration with the USPTO is a registered trademark and gets marked with the registered trademark (®) symbol. You don't have to register a word with the USPTO to get trademark status. A word is a trademark if that word identifies a brand, regardless of whether the word itself is registered.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

What can I do with a trademark?

A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.


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Can i register my name as a trademark


Comment by Sergio Quisenberry

Thanks for this great article


Thanks for your comment Sergio Quisenberry, have a nice day.
- Sanford Hammrich, Staff Member


Comment by loufitsB

question the day here today when should you trademark your business name or your logo or your brand I'm gonna tell you just a second hey my name is Jim Hart I'm the founding attorney here at Hawthorn law and you might be wondering gem why are you sitting on the floor in front of this couch with the lighting that's awful to be perfectly honest it's because I'm in our land over them at the airport and I made this stupid terrible mistake if you've ever been to the Orlando Airport they have this atrium and you can either get a room that overlooks the atrium or you get a room that overlooks the runway typically I get a room that overlooks the runway they didn't have any available I flew in early this morning I needed a nap I just I was like I need a room fit the bullet I got this room but the lighting is not nearly as good as what I'm used to in the other room check out some my older videos and you'll see how much better the lighting is in those rooms anyway not that you really care you want to know when to trademark your logo or brand hold on a second I was talking to a client yesterday I did a I've still got some spots available for next week but I opened up a consult I greatly reduced my rate from $350 an hour to $200 an hour for a limited time to open up some half-hour slots between now and Christmas so you can get a consult with me if you need to consult for $97 I'll link to the link up here to get more information on that but anyway I was having a consult with somebody who took advantage of this offer earlier this week and one of the questions we were talking about was when they should trademark their brand or their logo or whatever this is a great question the appropriate legal answer is that you should trademark your brand name as soon as you possibly can that's not always practical there's some people that that for whatever reason because the money is tight or whatever they can't do it right away but if you've got a really good idea for a brand and you want to make sure nobody else starts stealing your intellectual property you need to get that trademark as soon as possible get that puppy trademark so that would be my official legal recommendation is to anyone who asks you need to get it done as soon as possible now there's there's a couple ways that you can go about trademarking a brand especially when you're just starting out the first way is if you're actually using it to sell products or services then you can just go ahead and file a trademark application to get a trademark immediately if you're not yet using it to sell products or services but maybe you've got it on your website and you're just kind of starting to build up a business but you haven't actually used it to sell anything yet and you've got a great idea you want to make sure nobody steals it then you can file what's called a notice of use trademark application which is it's it's the same application you just check a different box in the application and basically what happens is you go through the same process then you're given a period of time where you can start using the trademark because the trademark doesn't actually provide you any protection unless you're selling a good or service and so what you get is you get you get extra time to start selling your good or service your goods or services maybe that's a better way to say that anyway you get extra time and then if within that period of time you can either file for an extension or if you start using your trademark you file a notice that you've started using the trademark and then the trademark will register and then you're good to go from there but if not then you get an extension and you've got a couple extensions so in all I'll told you can get a couple of years to basically start using that trademark and if you don't start using the trademark then you can just abandon the application and it goes back out there into the the world is anybody else care plan for that trademark if they wanted to my advice to you is if you're looking to build a business or a brand that you really want to grow and you think that you've got a really great name that that you want to protect then you want to trademark that brand or name as soon as possible I think a great example of this was and I forget her name the woman who created Spanx she didn't tell anybody about her brand for a year for at least a year there was an interview I heard where she was talking about this I'll try and link up down below to the interview with this woman it was on a podcast and she talked about how she went through methodical steps to do everything she could to protect the brand Spanx through she filing her patent application getting the process patented and her trademark and everything else as soon as she possibly could without telling anyone about what she was doing and then when a time came for her to start selling she had it all in place that's a great example of why you need to do it early because she had a great name a great concept and she wanted to make sure it was protected I'll do another a video on all the different reasons why you should trademark your brand but I just wanted to do this video to answer those questions for those of you out that are wondering when you should do it how soon you should do it if you want to do the trademark application yourself I don't recommend it but you can do it yourself if you've got a good name that's easily too tricky I just can't talk today if you've got a good name that's easy to trademark you can probably do it for the cost of the filing fee which is around three hundred dollars if you really want some legal guidance and you want to do a search and you want to figure out if anyone else is using this trademark and you want some help doing all that you've got two choices you can either hire an attorney which this is something that we do to do this for you or you can join our DIY legal program I'll include a link up here where we do a tutorial on how to trademark your brand and how to come up with a good name and all those type of things and that's something that we're going to include in that program so so there are other ways to do it they're a little bit less expensive anyway that's it for today I hope you're having a great day I also have a free training I'm gonna link up up here if you want to watch a replay of the webinar that I did several months ago that has gotten a lot of positive reviews you can go ahead and do that that's it for today folks have a great day don't forget give us a thumbs up comment below if you've got a question you know just type trademark and let me know that you're listening that you understand what I'm saying or if you just have a comment that you want leave a comment below and ask a question that's fine we'll use that for future videos we do not answer illegal questions in YouTube comments that is a big no-no don't forget to subscribe yeah that's down here and hit the little Bell thingy and can get notified whenever we post new videos we're posting videos about once a week going forward for my DIY members I'm looking to do a Q&A call every Friday for them I don't th


Thanks loufitsB your participation is very much appreciated
- Sanford Hammrich


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