Can you trademark a product name [Expert Answers]

Last updated : Aug 7, 2022

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 a trademark for my product?

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.

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.

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.

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.

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 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 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 the difference between copyright and trademark?

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.

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.

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.

How long does a trademark take to get approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

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.

What is a trademark secret?

A trade secret: is information that has either actual or potential independent economic value by virtue of not being generally known, has value to others who cannot legitimately obtain the information, and. is subject to reasonable efforts to maintain its secrecy.

Is the Adidas logo trademarked?

All trademarks, service marks and trade names of adidas used herein (including but not limited to: the adidas name, the adidas corporate logo, the adidas trefoil Design, and the Three Stripe logo) are trademarks or registered trademarks of adidas or its affiliates.

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Write a comment

and if generic names can't be trademarked how does amazon have a trademark great question uh you cannot protect a name if it is the general name for goods or services for example uh gosh i don't have i don't have an apple at my desk do you have an apple at your desk the fruit uh i have an apple iphone i have an apple too but apple could not so same with amazon how did apple get trademarks on the word apple they got it because they're not selling apples they're selling computers they actually uh you know now sell ipods and iphones and all kinds of electronic devices and that's how they can protect apple because they're not protecting the general concept now if amazon was selling the amazon they couldn't get that name trademark but because they're selling books they can so it's not yes it's a general common term but it's not used in that sense uh do you know what the word uber stands for not not the uber like i'm like like i'm uber cool like super cool right yeah just like uh i am uber handsome but uh thanks you're saying yes giovanni thank you for that you're my boss you have to so uber can get protection for uber because uh it doesn't mean ride sharing service it means like something basically a step above so there's nothing wrong with getting trademarks on words of the english language as long as you're not protecting that use so hopefully that's clear but if not uh you say this person's name was andrew this person's i actually did not say the person's name that name yes the name was d lo actually i have a feeling that's a pseudonym for down low not 100 sure but that's what we have on the on the uh q a okay all right what i was going to say is if that didn't address the question about the generic name feel free to go to the inventors mastermind which is our facebook group and jenny's one of our panelists uh jenny if you can put that up in the chat box for dilo and then he can ask further questions about the trademarks trademarks is a completely different field of its own

Thanks for your comment Shannon Broadie, have a nice day.
- Lawrence Frieson, Staff Member

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 Eliana your participation is very much appreciated
- Lawrence Frieson

About the author

Lawrence Frieson

I've studied policy sociology at University of Texas Southwestern Medical Center in Dallas and I am an expert in analytical sociology. I usually feel crazy. My previous job was housekeeping supervisors I held this position for 18 years, I love talking about meteorology and yo-yoing. Huge fan of Samantha Barks I practice bocce ball and collect trading cards.