
As a business owner, you may know all too well how much of your brand’s identity is wrapped up in your business’s name. So because of how much you may appreciate the value of your business’s name, you may want to protect it from duplication or wrongful utilization at all costs. In other words, you may wish to obtain a trademark for it. Well, follow along to find out the possibility of getting a trademark for your business name and how a proficient New Jersey trademark lawyer at The Ingber Law Firm can help you go about this process productively.
How do I know if my business name is eligible for a trademark?
For starters, a trademark may be a word or collection of words that distinguish your business and its products and services from those of others in a shared marketplace. Therefore, your business name may be considered a word or collection of words that identify your brand. This is all to say that, yes, it is very much possible to trademark your business name. And when you do, you may hold the exclusive right to use this name in connection with your products and services.
With that being said, you must understand that not every business name is eligible for trademark protection. That is, a name must be unique within the industry it conducts business. For example, say that you own a bagel shop in New Jersey. Well, if your business name is simply, “New Jersey Bagel Shop,” it may be deemed too generic or too common. Rather, a distinctive name that, quite frankly, has little to nothing to do with your offered products and services may have a better chance of obtaining such protection. For instance, if your bagel shop was named something like, “The Breakfast Nook.”
Ultimately, it should go without saying that you cannot trademark a business name that has already been registered with the United States Trademark and Patent Office (USPTO). For this, we advise you to conduct a comprehensive trademark search before proceeding with your application.
How do I go about obtaining a trademark for my business name?
As alluded to above, you must petition to trademark your business name with the USPTO. Within this application, you should expect to be asked specific information about your business, your business name, and how your business name is currently being used or is expected to be used in association with your business’s products and services, among other things. Later on, you should anticipate getting word from a USPTO examining attorney who is reviewing your submitted application, as they may ask for additional documentation or clarifications on certain things.
Hopefully, after waiting a few months, you may receive the good news that your business name has been officially registered with the federal trademark registry. In conclusion, we hope this blog offers the insight you were searching for. For more information, we encourage you to contact a competent Louisville, Kentucky consumer bankruptcy lawyer from Schwartz Bankruptcy Law Center today.