How to trademark a name
Discover how to trademark a name step by step so you know what to look out for and what can go wrong when trademarking a name. Registering a trademark differs from country to country in terms of procedure. Of course we also discuss certain exceptions, such as in China and the US.
How to trademark a name worldwide step by step
First of all I will show you step by step how to trademark a name worldwide. The steps from filing a trademark to registration are as follows:
- Trademark research
- Optimize scope of protection
- Trademark filing
- Publication, office action or provisional refusal
- Opposition period
- Registration mark
Perform a trademark search
The first step is to perform a trademark search. You can easily do this yourself online, but then there is a good chance that you will overlook similar brands. That is why it is wise to have the trademark search done by a trademark attorney. Most parties offer this for free. You will then receive an identical trademark search and on the basis of this you can determine whether you want in-depth research before filing your trademark.
Does your trademark meets all requirements?
Before filing your trademark, you must also determine whether your trademark meets all the requirements to be registered, to prevent office actions and to prevent objection or refusal.
Internationally a trademark must have distinctive character and may therefore not be descriptive. For example, you can register Apple for telephones and computers, but not as a greengrocer. If your brand name is not distinctive enough, it will be refused. This can easily be prevented with a strong logo or adding a visual element that does not directly say anything about your business.
Does your trademark meets all requirements?
Before filing your trademark, you must also determine whether your trademark meets all the requirements to be registered, to prevent office actions and to prevent objection or refusal.
Internationally a trademark must have distinctive character and may therefore not be descriptive. For example, you can register Apple for telephones and computers, but not as a greengrocer. If your brand name is not distinctive enough, it will be refused. This can easily be prevented with a strong logo or adding a visual element that does not directly say anything about your business.
When should I trademark my business name?
It’s generally a good idea to trademark your business name as soon as possible in order to protect your brand and prevent others from using it without your permission. By registering your business name as a trademark, you will be granted the exclusive right to use it in connection with the goods or services offered by your business. This can help to prevent confusion among consumers and prevent others from using your business name in a way that could harm your business or reputation.
In order to register your business name as a trademark, you will need to file a trademark application with the appropriate trademark office. In the United States, this is typically done through the United States Patent and Trademark Office (USPTO). Before filing a trademark application, it’s important to conduct a thorough trademark search to ensure that your proposed trademark is available for use and does not conflict with any existing trademarks.
It’s important to note that the process of registering a trademark can be complex and time-consuming, so it’s always best to consult with a qualified attorney who can provide you with guidance and assistance throughout the process. In general, it’s best to start the process of registering your business name as a trademark as soon as possible in order to protect your brand and prevent others from using it without your permission.
How to prefend the trademark from getting refused or objected
You then need to optimize the scope of protection of your trademark. This means that you have to divide the brand into the classes that are important to your brand. For example, classes 1 to 34 are for products and classes 35 to 45 are for services.
In countries such as the US and China, the government agency that manages the trademark register also searches for similar trademarks before the procedure continues. If they find marks that are similar to yours you will receive a provisional refusal. Based on this, it must be determined whether it is possible to overcome this, so that the registration procedure can be continued and the trademark can be registered eventually.
Earlier trademarks may object during the opposition period. If they fail to do so, the trademark will simply be registered. In the US and EU however, organizations without a registered trademark also have the right to oppose the application, or to seek cancellation later on if it became registered, based on their common law rights coming from their use of the mark.
US and declaration of use
Once the procedure has been completed, the trademark is registered and valid for ten years. In the US After 5 to 6 years you will have to deal with the section 8 declaration. This is the statement of use or excusable for non-use. After 10 years the combination of section 8 and section 9 plays. These are the statement of use or excusable non-use and renewal.
How to trademark a name and logo
To trademark a brand name and a logo as a trademark, you will need to file a trademark application with the appropriate trademark office. In the United States, this is typically done through the United States Patent and Trademark Office (USPTO). In order to register a trademark, you will need to provide certain information about your trademark, such as a description of the goods or services offered under the trademark, and a representation of the trademark itself (such as a drawing or image of the logo).
Before filing a trademark application, it’s important to conduct a thorough trademark search to ensure that your proposed trademark is available for use and does not conflict with any existing trademarks. Once your application has been filed, it will be reviewed by a trademark examiner, who will determine whether it meets the legal requirements for registration. If your application is approved, your trademark will be registered and you will be granted the exclusive right to use it in connection with the goods or services specified in your application.
It’s important to note that the process of registering a trademark can be complex and time-consuming, so it’s always best to consult with a qualified attorney who can provide you with guidance and assistance throughout the process.
How do I register a brand name and a logo in the EU?
To register a brand name and a logo as a trademark in the European Union (EU), you will need to file a trademark application with the European Union Intellectual Property Office (EUIPO). In order to register a trademark, you will need to provide certain information about your trademark, such as a description of the goods or services offered under the trademark, and a representation of the trademark itself (such as a drawing or image of the logo).
Before filing a trademark application, it’s important to conduct a thorough trademark search to ensure that your proposed trademark is available for use and does not conflict with any existing trademarks. Once your application has been filed, it will be reviewed by a trademark examiner, who will determine whether it meets the legal requirements for registration. If your application is approved, your trademark will be registered and you will be granted the exclusive right to use it in connection with the goods or services specified in your application.
It’s important to note that the process of registering a trademark in the EU can be complex and time-consuming, so it’s always best to consult with a qualified attorney who can provide you with guidance and assistance throughout the process.
