how do you patent a brand name [Explained]

Last updated : Sept 18, 2022

Written by : Johnathan Olynger

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How much does it cost to patent 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).

Do you patent or trademark a name?

A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic or literary work. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.

How do I patent a brand name and logo?

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

Where do I patent a name?

The U.S. Patent and Trademark Office is the agency responsible for granting U.S. patents and registering trademarks.

What is difference between trademark and patent?

A patent protects new inventions, processes, or scientific creations, a trademark protects brands, logos, and slogans, and a copyright protects original works of authorship.

How long does 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.

Which is cheaper patent or trademark?

Filing for a trademark does come with a cost, although it's cheaper than filing for a patent. The average filing fee is between $225 and $600.

How do I patent 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 much does it cost to patent an idea yourself?

For a simple do-it-yourself utility patent for a small business, you might pay as little as $1,000, and up to $15,000 or more for a complex, competitive patent filed by a specialized patent attorney. To keep your patent application costs at a minimum, do as much as possible of the preliminary work yourself.

What's the difference between LLC and trademark?

Legal Protection LLCs and trademarks are each an integral part of the business world, but both serve different purposes. While LLCs are legal business entities that protect the personal assets of business owners from lawsuits and bankruptcies, trademarks protect the intellectual property of the business.

How much does it cost to copyright a logo?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275â€“$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

Can I apply for a trademark myself?

So, an individual can file for the registration of his trademark himself. The application can be filed online through the e-filing gateway available at the official website or in writing with the Indian Trademark Office (TMO).

Do I need to patent my logo?

How to legally protect your logo design. 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 get a logo patented?

Search for similar logos. Only original logos receive trademarks.
Get a professional search. While a personal search is a good start, many novices miss relevant trademarks.
Access and complete the registered trademark application form.
Submit your application and filing fees.

Do I need to trademark my business name and logo?

Trademarks are managed by the U.S. Patent and Trademark Office (USPTO). There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.

Should I trademark or copyright?

Generally, copyrights protect creative or intellectual works, and trademarks apply to commercial names, phrases, and logos. Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code).

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 do I patent an idea?

Step 1 â€“ Verify the Idea is Eligible For a Patent.
Step 2 â€“ Keep a Detailed Record of Everything.
Step 3 â€“ Make a Prototype.
Step 4 â€“ Apply For a Provisional Patent.
Step 5 â€“ Hire a Patent Attorney.
Step 6 â€“ File Your Patent Application.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive 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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Comment by Anderson Wittlinger

Thanks for this great article

Thanks for your comment Anderson Wittlinger, have a nice day.
- Johnathan Olynger, Staff Member

Comment by Billy

a special forces us within a way that my

Thanks Billy your participation is very much appreciated
- Johnathan Olynger

About the author

Johnathan Olynger

I've studied ergodic theory at Gordon State College in Barnesville and I am an expert in industrial engineering. I usually feel crushed. My previous job was medical laboratory technician I held this position for 29 years, I love talking about vintage clothing and saxophone. Huge fan of John Mayer I practice snow skiing and collect dolls.

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