Trademark a company name by using the letters "TM" with the name.
After you find the perfect name for a business, what should you do? Trademark it; that is, lay claim to its exclusive use. According to the U.S. Patent and Trademark Office (USPTO,) a trademark identifies a word, name, sound, symbol or color that distinguishes a good or service used in commerce. The copyright process is reserved for original works of authorship. There are three alternatives to achieve protection: common law usage, state recognition or registration at the federal level. The choice will depend on the degree of protection desired and the scope of operations.
Instructions
1. Decide what type of trademark to obtain. Common law rights are established by using a unique name and attaching TM (associated with goods or services) or SM (service mark, associated with services only) to the name. Disputes of ownership are harder to defend in this instance. If the name will be solely used in a local jurisdiction, then a state trademark may be sufficient. A federal trademark is preferable when business is conducted in many states and lays claim to the name nationwide.
2. Determine if the business name is already in use. A preliminary Internet search gives some indication. Access the USPTO website and check the Trademark Electronic Search System (TESS) for federally registered trademarks. Each state maintains a different method to track trademarks. The USPTO website maintains a page with links to the various state websites.
3. Establish common trademark protection by using the TM or SM symbol with the business name on all business materials. These letters signify the intent to trademark the name. This step should be taken by any business, including those that are in the process of seeking formal registration through a state or the federal government.
4. Contact the state department of commerce to complete an application for a state trademark. The process to trademark a name varies by state. Links to the various state department's of business are centralized on the USPTO website. Typical steps involve completing an application and paying fee. After a search is conducted by the state, the trademark is provided for a period of years and must be renewed.
5. Apply for a federal trademark through the USPTO. Complete the process online through the Trademark Electronic Application System or by paper. As part of the application process, provide a detailed description of the goods or services that are used with name. After the application is filed and the fee is paid, the name is vetted by the USPTO. During this process the business is required to provide a declaration of continued use. Upon approval, the business is authorized to use an R with a circle around it to indicate that the name is a registered trademark.
6. Use the trademark symbol TM, SM or R with a circle with the business name on materials, literature, brochures and signs. Trademark protection is invalidated under all three alternatives if this notation is not consistently used.
