subject: How To Ensure That You Correctly Trademark A Business [print this page] For a lot of people one of the most challenging things involved with starting a new business is being able to come up with all of the various eye catching names for their services and/or products. Every business owner wants a name that will act like a magnet to draw customers to their company.
Company owners also know that in order to be successful they will probably need a name that is so unique that it will stand heads and shoulders above all of their competitors.
Then, when they've come upon that great name that they spent so much time fretting over, they need to be able to make a strong legal claim that will protect the name that they have chosen. They want to be able to make sure that no other business can use that name and confuse - or steal - their customers.
After doing a bit of research they all find that what they need to do is to trademark their business. When they have their trademark they can rest easier knowing that their company's services, products, and name can't be stolen by someone who is just coming into the market.
That's because when you own a trademark and someone tries to sell the same services or products using your trademarked name - or even something similar - you can take them to court. Often if you just threaten someone with a lawsuit you will get them to back down. Fearing the repercussions they will come up with a different name for their company, services, or products.
You usually have a lot of power when you have a federally approved trademark because in almost every instance you will have the upper hand legally.
Once you've decided to trademark your business name you will have to work with the United States Patent and Trademark Office in order to get a federal registration for your trademark. Although you can often get trademark protection in your state, only the USPTO will give you the nationwide protection that you need if you want your trademark to be enforceable on a countrywide level.
Because the US Patent and Trademark Office protect the owners of a trademarked business name they require all of the applicants to provide quite a bit of very specific information before they will even consider granting a mark. The USPTO will closely inspect all of the information and ascertain its accuracy before they will allow you to trademark your name.
The process is so intense because it has to make sure that no one infringes on the rights of someone else who already has trademarked that name.
Because the USPTO requires proof that you're using your trademark while conducting business you may be wondering how you can trademark your name if you haven't even started to use that name. You can by indicating that you are intending to use that name.
There are a lot of intricacies involved when you want to trademark your business.
