how to brand my business name [Detailed Response]

Last updated : Sept 5, 2022

How do I trademark my business 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.

Do I need to trademark my business name?

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.

Can I register my name as a brand?

You can register your brand name with the USPTO to protect your intellectual property from misuse. It is not immediately necessary to secure a trademark, though it could benefit your brand.

Can I copyright my business name?

While you can't copyright a business name, you can trademark a business name. The best practice is to hire a trademark lawyer to file the trademark on your behalf. In fact, you will increase your odds of a successful federal trademark registration by doing so.

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.

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 happens if I don't trademark my business?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

How much is a trademark?

No matter how you file, you will pay a minimum of $250 to apply for a Federal trademark. But considering the importance of your trademark, and the potential complexities you face when filing, it's not a bad idea to use a lawyer or filing service.

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.

What happens if you trademark a 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.

Can you trademark yourself?

Yes, you can trademark yourself, as long as you are in connection with your products or services. This information was provided by our founding attorney, Xavier Morales, Esq. It is possible for an individual to trademark an image of themselves as a product's logo.

How do you create a trademark?

To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application. You can do this online, using the Trademark Electronic Application System (TEAS), an online trademark filing service, or you can submit a paper application.

How do I patent a 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 I make sure no one else has my business name?

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. In addition to checking the federal trademark register, it's a good idea to check your state's trademark database.

What's 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.

What is the cheapest way to get a 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).

What is the difference between a business name and a trademark?

The trademark performs a different function than the trade name. The trade name identifies the company while a trademark distinguishes and identifies the source of the goods or services. Confusion can also emanate from the common practice of some businesses including part of or all of the trade name in the trademark.

What are the three types of trademarks?

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

Can you lose a trademark?

You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.

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.

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Thanks for this great article

Thanks for your comment Cornelius Vinion, have a nice day.
- Evan Poteet, Staff Member

there are an estimated 300 million companies in the world today that's 300 million brands some brands as big as apple and coca-cola others are small as a one-person business with so many brands in the world it's getting harder to create and find a unique name so how do you create a great brand name how can you play and win the name game you start with three steps first select what type of name you want there are seven different categories of names and pretty much every brand in the world falls within one of these seven categories eponymous names like disney and burberry work by embodying the vision and beliefs of their founders these names are okay if you're feeling lazy or just have a big ego adidas is more unique it's derived from addie dassler the company's founder and tesla wasn't created by nicola tesla he died in 1943 but the name is an homage to tesla's electrical engineering achievements descriptive names like american airlines and the home depot work by telling you exactly what the company does but these names can be a mouthful and are much harder to own and protect acronyms like ge and bp are just shorthand versions of descriptive names some acronyms are more strategic kentucky fried chicken switched to kfc because fried chicken didn't sound too healthy and the hong kong and shanghai bank changed to eight that changed to hsbc to help the bank expand globally real words like uber and slack are ripped right out of a dictionary and suggest attributes or benefits uber literally means an outstanding example so it works well for a company with big broad bold ambitions beyond ride hailing now real words might seem like good ideas but in a world of 300 million companies it's getting harder to find a name it's hard to find any real words left in a dictionary composite names like facebook and ray-ban are created by gluing two words together these names have a kind of one-two punch and can be really memorable because it's so hard to find real words companies like kleenex and pinterest have invented names by changing adding or removing letters for impact now invented names can be highly unique but if you're not careful they can start to sound like pharmaceutical drugs or worse the name of a sofa from ikea associative names work by reflecting imagery meaning back to their back to the brand the amazon in south america is the world's largest river therefore the earth's biggest selection of books clothes content and so on sirius is the brightest star therefore the radio channels where you can hear the brightest stars of music and entertainment and red bull associates to a drink with bull like qualities such as power and confidence some brands are derived from non-english languages like samsung which means three stars in korean lego means play well in danish zappos comes from the spanish word sapatos for shoes and hulu comes i bet you didn't know that hulu actually comes from a chinese proverb a hulu is a bowl used to store precious things finally the seventh type is abstract names names like rolex and kodak these names have no intrinsic meaning but instead rely on the power of phonetics to create really powerful brand names okay so once you've decided what type of name you you want you need to decide what you want the name to say and look of course it's tempting to create names that talk about who created them or what you do or where you operate but the best brand names don't don't describe they stand for a big idea ones that translates into emotional appeal nike is about winning gopros about heroism apple is about simplicity and usability and google comes from the math term that's a one with a hundred zeros after it so that really big number helps support the company's really big original vision to organize the world's information so as you think about your new brand think carefully and ask yourself what's your big idea the third step is to check the name isn't already taken you might have to create hundreds of names perhaps thousands before you find one that's even available and of course don't forget to check the name means doesn't mean anything negative in other languages or countries the last thing you want is an embarrassing naming fail like this brand of toilet paper from sweden finally a few words about alphabet the parent company of google and now one of the world's most valuable companies much has been said and written about the the business strategy but i'll say a few words about the name is alphabet a great name you bet first of all the name is an idea as we all know an alphabet is a set of letters that forms the basis of all language and communication second the name provides a playful link back to the companies underneath g for google c for calico n for nest x and so on third the name encourages wall street investors buy this stock and you're making an alpha bet one that will outperform others and last of all the name is a real dictionary word which is a rare find these days now there was only one issue with alphabet car company bmw owned the url alphabet.com but you know here's the thing owningthe.com doesn't matter as much these days now that we find stuff through google search and we connect with brands through social media and smartphone apps so alphabet the company forgot about alphabet.com and instead found a shorter and more unique web address abc.xyz thank you thank you jonathan

Thanks Jamal your participation is very much appreciated
- Evan Poteet

About the author

Evan Poteet

I've studied newtonian dynamics at Southwestern College, Santa Fe in Santa Fe and I am an expert in sociology of culture. I usually feel drunk. My previous job was pediatrician (md) I held this position for 12 years, I love talking about table tennis playing and board games. Huge fan of Steve Martin I practice field hockey and collect scouting memorabilia.