How to get brand name registered [Expert Approved]

Last updated : Aug 6, 2022

How do I get my brand registered?

1. Decide on your unique brand name and logo.
2. Conduct an online search.
3. Fill-in the trademark application.
4. Filing for the brand name registration application.
5. Scrutinizing of your brand name registration application.
6. Publication in Indian Trade Mark Journals.

How are brands legally registered?

Trademarks are obtained from the U.S. Patent and Trademark Office. Registering your brand name requires submitting a sample of the brand name, an application and fee. The process is long and because of the legal implications, the use of an intellectual property lawyer is recommended.

How do I register a brand 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 do you if a brand name is taken?

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.

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.

How do I register a name and logo?

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

Do I have to register my brand name?

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.

What is difference between trademark and brand?

Summarising the difference between a brand and trademark A brand is a name given to a product by its owner or manufacturer. A trademark is a term, phrase, or symbol that is legally protected by statute. A brand name is not protected legally.

What are four types of brands?

What Are 4 Types of Brands? There are numerous types of brands, but the four most common ones include corporate brands, personal brands, product brands, and service brands.

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.

How do I copyright 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.

Can I apply for a trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

How can I trademark my logo for free?

Can you trademark your logo for free? You can not register a trademark for free. However, what you can do is establish something known as a "common law trademark" for free. You can do this by simply opening for business.

Do I need a trademark?

Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

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 copyright my logo?

All you need to do is register your ownership of your copyright with the Office for United States Copyrighting. You can do this either by sending a document in through the mail or submitting an application online. Typically, and at the time of publication, it costs between $35 and $85 to officially copyright a logo.

How much is it 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 $275–$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.

How do I trademark my logo?

How to Trademark a Logo. A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

How long does it take to trademark a name?

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.

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.

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Thanks for this great article

Thanks for your comment Danette Deckard, have a nice day.
- Ellis Mattocks, Staff Member

hi everyone I'm attorney aid in Durham with 180 lock Oh in Denver Colorado and you're watching all up in your business in this episode of all up in your business we're going to talk about the steps to take to trademark a name a business name or a product or service name and these steps are also going to apply to trademarking a logo but there are a few little differences if you're doing a logo versus trying to trademark a name but first before we get into it huge announcement coming at you March 4th is brandish DIY your trademark application during this one-hour webinar and mini workshop I'm going to teach you step by step how to prepare for complete and submit a trademark application without a lawyer and registration opens soon so if you want to learn the exact steps to take to file a trademark application without a lawyer check the description below for a link to get on the waitlist and to get some special early bird discount opportunities - all right let's talk about how to trademark a name the first step before you go trade marking anything is make sure it's something that's worth trademarking what makes a name more or less worth trade marking it really depends on how strong or weak it is a weak trademark is one that is more generic or common or descriptive versus a strong trademark which is something that's very arbitrary or very distinctive very creative and so the stronger your trademark is the stronger the trademark registration is going to be so if you have a really weak trademark something that typically makes it weak is if it's very descriptive of your goods or your services or if it's primarily your last name something like that makes a trademark on the weaker side and with a weak trademark if you register it all you have is a registered weak trademark and your trademark rights will ruffle to that if you have a weak generic trademark name your rights to enforce that trademark are gonna be somewhat limited and weaker versus if you have a very arbitrary name that's a stronger trademark then your registered trademark rights are gonna be a lot stronger to a few examples of very strong trademarks are like Google Google wasn't even a word until Google came out and created it so any like brand new word or creating a new word creating a new sound combining words to create something new that's the best thing you can do is create a brand new word or a brand new trademark that no one's ever seen before that's gonna make it stronger versus a weaker trademark so if we've decided that it's worth pursuing a trademark registration the next thing we want to do is make sure it's available to even register and use in the US a good first place to start with searching for your trademark availability is of course Google or your favorite search engine type in the trademark that you're looking to register and see what comes up if there's a bunch of other business listings for similar types of products or services if the exact trademark that you want comes up a lot or if there are a lot of similar variations then that might be a little red flag that maybe this trademark has already taken or if it's not taken necessarily registered if there's a lot of competition with that trademark that's going to affect how strong and distinctive your trademark is so if you're seeing a lot of similar variations of your trademark or identical trademarks then you might want to think about how that will impact your registration and then after doing a Google search you can also do a search on the Whois database to see what kind of domain name registrations already exists that incorporate your trademark or something similar to it and then the USP tA-o has a really good search database available - this allows you to search for pending trademark applications and registered trademarks that might be identical or similar to yours so if you go to the USPTO s website its uspto.gov and you'll navigate to their tests tes s system and this is where you're gonna do that search and you'll usually be able to do just a basic word search for your name now this is where the difference comes in if you're trying to trademark a logo then you'll want to do a design search which is a bit more complicated than just a basic word search so here you can type in the trademark name that you're wanting to use for this example I'm gonna type in all up in your business and then we'll see what comes up so let's say you were wanting to register your trademark all up in your business for your local ice cream shop we see here there is an active live registration for all up in yo business so what's important to note if you do find trademarks that are identical to yours or kind of similar to yours pay attention also to the goods or services that are associated with that registration there are two things primarily that go into trademark applications and trademark registrations the first is the similarity of the trademark itself the second is the similarity of the goods or services so if I'm opening an ice cream shop called all opinio business this current all up in your business registration is for like legal services and things that have absolutely nothing to do with ice cream or ice cream shops so with this finding I am relatively safe feeling like I can proceed with my application because there aren't any that are so similar in trademark and in the goods and services that it's likely it'll get through but if you do find something in the database that is kind of similar to your trademark and goods or services are somewhat related or if they're identical then again that's a red flag that you're going to want to take into consideration and maybe go back to the drawing board because if someone else already has that trademark registered in a very related category of goods or services that's going to impact how your application goes and whether or not you're going to get that registration you can also use some third-party trademark search tools there are companies out there that will do a very thorough trademark search these aren't lawyers or law offices they're just trademark search companies that will search the USPTO and common-law usage and even international usage and then what they'll do is they'll compile all the information and give you typically this very large report summarizing what they found now if you're not a lawyer and you don't know how to actually interpret and analyze those results it may not do you a whole lot of good to pay for that kind of a search but if you can figure out how to analyze what you're looking at then using one of those services for a pretty extensive search is a good idea but really the best option is to use an attorney to help you with this clearance search because the attorney is gonna not only know what to search for but they're also going to understand what they're looking at and they're gonna know how to analyze that in the context of your trademark and determine what it actually means for the fate of your trademark application so if we've determined we want to file the application and the trademark is available the next step is to start using the trademark now ok

Thanks Carmen your participation is very much appreciated
- Ellis Mattocks

About the author

Ellis Mattocks

I've studied anthroponics at Maine Maritime Academy in Castine and I am an expert in economic sector. I usually feel awake. My previous job was speech writer I held this position for 10 years, I love talking about rafting and scootering. Huge fan of Camila Mendes I practice surfing and collect scouting memorabilia.