Step 1: Select an Original Business Name Make sure your company name is distinctive before you attempt to trademark it. This indicates that no other company is using the same name—or one that is too similar—already. You can utilize the trademark database of the United States Patent and Trademark Office (USPTO) or the website of the Illinois Secretary of State to see if your proposed business name is already taken.
Step 2: Submit an Application for a Trademark Once you’ve established the distinctiveness of your company name, you may submit a trademark application to the USPTO. You will need to fill out this application with details about your company, including its name, address, and the products or services you offer. A sample of your company name or logo must also be sent.
Step 3: Await Approval
Following the submission of your trademark application, you must wait while the USPTO considers it. You might be asked for more details or clarification about your application during this process, which could take many months.
Step 4: Protect Your Trademark Once your trademark has been authorized, it is crucial to guard against unlawful use of your company name or emblem. You might need to file a legal action to stop a company from utilizing your trademark if you find out about it.
What Is the Difference Between a Trade Name and a DBA?
A trade name is a term that a company uses to identify itself to the public. Doing business as (DBA), sometimes known as “doing business as,” is a legal registration that enables a company to conduct operations under a name other than its registered name. Although they are similar, a trade name and a DBA are not the same thing. A DBA is not a trademark, and a trade name is not a formal registration.
Is a Trademark for a Name or a Logo Better? Depending on your particular circumstances, you may want to consider trademarking your company name or emblem. While trademarking your logo protects the layout and other visual components of your brand, trademarking your business name protects the term itself. You may wish to give trademarking your company name priority if it is more crucial to your brand than your logo. On the other hand, if your logo is more recognisable and distinctive than your name, you might wish to give trademarking your logo top priority.
Can I Use My Name as a Business Name, then? Yes, you are permitted to use your own name as a company name. Your name might not be protected by a trademark if it is too generic or well-known. Additionally, you should confirm that no one else is already using a name or trademark that is similar to yours if you intend to utilize it as a trademark.
What Does a Trade Name Example Look Like? Coca-Cola is a prime example of a trade name. The Coca-Cola Company is the organization’s legal name, but the trade name is what the general public uses to recognize the brand. McDonald’s, Apple, and Nike are some further instances of trade names.
You can use a business name that is distinct from your legal name if you are a lone proprietor. Nevertheless, depending on the rules in your state, you might need to register the name as a “doing business as” (DBA) name with the relevant state office. For instance, the Illinois Secretary of State’s office is where your DBA must be registered in Illinois. Having a business name does not automatically grant trademark protection, so if you want to stop people from using it, you might think about registering a trademark for it.