Can i trademark a product name [New Info]

Last updated : Sept 22, 2022
Written by : Barton Lebon
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Can i trademark a product name

Do you trademark or copyright a product name?

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code). Trademarks protect the use of a company's name and its product names, brand identity (like logos) and slogans.

How do I get my product trademarked?

  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.

Do I need to trademark my products?

If you are going to provide services or products only within that state, there is no reason to register for a trademark. If you are offering products and services in multiple states and want federal protection for the name of your business, though, you would need to register for a trademark.

How do you legally name a product?

The best way to legally protect the name of a product is to trademark it. Trademarks protect names, including the names of products. With a trademark, you can legally protect the name used to identify your product. Trademarking your product name is official confirmation that you legally own it.

What 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 much does it cost to trademark a product 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 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.

What are the three types of trademark?

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

How do I register my own product?

  1. Steps involved in brand registration in India.
  2. Brand Registration – Domain Name Registration.
  3. Brand Registration – Business Name Registration.
  4. Brand Registration – Trademark Registration.
  5. Brand Registration – Copyright Registration.

Should I get a trademark or LLC 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.

Can my product name be the same as another?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

Do I need to register a product name?

Registering a business name is a legal obligation, if you choose to identify your business with a name that is different to the name of the legal entity that owns the business. Registering a trademark is a choice you make as part of a branding strategy for your products and services.

What is a trademark vs copyright?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

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.

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 I use someone else's product in my product?

The general rule is that it's lawful to incorporate another's product into yours so long as that other product is not identifiable to your end-buyer -- such as by a visible [or smellable] trademark or via the appearance of its unique trade dress [like...

Can I put a Nike logo on a shirt for personal use?

In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn't impossible, but you should never use someone else's logos on your T-shirts or other clothing without their explicit permission.

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.

How do I register a brand name?

  1. Register on the trademark office portal:
  2. Trademark search:
  3. Filing of trademark application:
  4. Examination of trademark application:
  5. Show Cause Hearing:
  6. Publication of Mark in Trademark Journal:
  7. Trademark registration & certification:

What does a trademark protect?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.

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Can i trademark a product name

Comment by Dedra Rodeen

hi i'm experienced u.s trademark attorney morris turek people ask me all the time if it's possible to trademark a product name the answer is sometimes some categories of product names are eligible for federal trademark registration with the united states patent and trademark office while others are not in general the more unique and creative your product name is the easier it will be to register it as a trademark and the greater scope of protection it will receive let's first talk about generic product names if you're looking to trademark a product name choosing a generic product name would be disastrous under the law such a name receives no protection whatsoever and is ineligible for federal trademark registration under any circumstances for example if you intend to sell t-shirts under the name shirts spelled s-h-i-r-t-z you would be unable to protect that name because it's merely the phonetic equivalent of the english language word shirts which is the generic term for your products the downside to choosing a generic name for your product is that you cannot stop your competitors from using the exact same name for their products but the good news if you can call it that is that you never have to worry about being sued for trademark infringement and you don't have to spend any money conducting a federal trademark search or obtaining a us trademark registration now let's talk about descriptive product names a descriptive product name immediately describes a feature quality or characteristic of the product a good example would be the name rapid glue for a glue that dries quickly the problem with descriptive product names is that they receive a very narrow scope of protection and are initially not entitled to federal registration on the principal register although they may be allowed on the supplemental register generally speaking a descriptive product name must be in commercial use for at least five years and have acquired distinctiveness or secondary meaning before it's eligible for registration on the principal register so while descriptive product names tend to be popular because they tell consumers something desirable about the product they aren't a particularly good choice if you want a trademark registration or want to exclude others from using a somewhat similar name for the similar type of product now let's discuss something about suggested product names a suggested product name suggests something about the product for instance the name lava for a chili sauce would be considered a suggestive product name why because lava suggests that the chili sauce is burning hot another example would be sniffles for t for tissues most product names you'll come across in your daily life fall into this category unlike descriptive product names suggestive names are eligible for federal trademark registration right off the bat and receive a relatively broad spectrum of protection suggested product names are definitely a solid choice from a trademark standpoint now let's talk about arbitrary product names if you want to trademark a product name choosing an arbitrary product name would be a good idea an arbitrary product name is one that consists of a regular english language word applied in an unfamiliar manner for example if you wanted to use the word stapler for a tennis racket that would be an arbitrary use of the word stapler because tennis rackets don't perform the ordinary functions of a stapler arbitrary product names enjoy a broad scope of protection and are able to be federally registered with the uspto finally let's discuss fanciful product names a fanciful product name is one that's completely made up and has no meaning in the english language so the name yagzet for a brand of laundry detergent or really any product would be fanciful product name because it means absolutely nothing fanciful product names are eligible for federal registration and receive the greatest amount of protection under the law again i'm experienced u.s trademark attorney morris turek if you have any questions about whether you can trademark your particular product name please don't hesitate to contact me right away for your free consultation i look forward to hearing from you soon you

Thanks for your comment Dedra Rodeen, have a nice day.
- Barton Lebon, Staff Member

Comment by Kimberely

trademarks with three months after hi I'm on dreaming of the father of trademark factory the only firm in the world where license lawyers and trademark agents will help you trademark O'Brien with a free comprehensive trademark search for a single all-inclusive flat fee with a hundred percent money-back guarantee I'm famous for explaining intellectual property so that a nine-year-old when I understand and today's question I'm going to answer is how do you trademark product names there are a few things that you trademark product name service names taglines logos and few other things but product names for the original reason for trademarking you had a product physical product and you had a brand name attached to it that you wanted to protect so how do you approach trademarking product names ideally ideally you don't want to have the the type of your product trademark as part of the name so Apple did not trademark iPad tablets they trademarked ipad McDonald's did not trade mark big mac burgers they just trademark big mac so if you can possibly trademark your name without the description after it that's a stronger trademark that will give you a lot more ways to go against somebody else who may want to use your name for something close but not quite that's especially important for footed foot industry where there's a lot of different possibilities that the brand can be recognizable for the entire thing so if you can get away with not adding the specific things that you're selling under your brand don't add those things to your trademark application if however there are confusingly similar trainers or some on box that are closed and that point in time you may want to play with the name and maybe add that limitation so that you have a good argument that Oh that name was only trademark for pizza and it says da da da pizza and we're not selling pieces were never going to sell pizzas all we're selling his ice cream so instead of filing for da da da by itself you may want to file for debt into ice cream so that data pizza can do anything with you this is just one of many short videos or on providing specific no BS answers to your questions about trademarks so subscribe now and get notified as soon as a new video comes out literally we have a ton of useful content free watch that get educated about trademarks and let us help you trademark your brand and if you have a brand that you want to protect take advantage of our free comprehensive trademark search take advantage of our free registry ability opinion that we're going to prepare for you when you fill out the form at free TM source com we're going to tell you exact with your brand is trademarked ball or not and you'll decide whether the right fit toward feet I'll see you in the next video

Thanks Kimberely your participation is very much appreciated
- Barton Lebon

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