registering a trademark/company name?

matadorpoeta · Jun 9, 2010

for anyone who has knowledge about this; i have an idea for a great name for a company but i don't actually have the resources to start the company, yet.

anyone know if it is possible to register the name as a trademark anyway and how useful that would be?

t.i.a.

Kyoung05 · Jun 9, 2010

Originally Posted by matadorpoeta

for anyone who has knowledge about this; i have an idea for a great name for a company but i don't actually have the resources to start the company, yet.

anyone know if it is possible to register the name as a trademark anyway and how useful that would be?

t.i.a.

First, you'd have to make sure that the name you have in mind meets the requisite level of "distinctiveness" required by the USPTO. Then, you'd want to make sure that there are no other trademarks/names out there that could be confusingly similar with your name. Then, you could register the trademark as an "intent-to-use" application, but only if you genuinely intend to actually use that mark in commerce (and, sometime in the near future).

Don Carlos · Jun 9, 2010

I would also advise against starting a business around a name, or thinking a great name is the starting point for a great business. It's definitely the other way around. Have a great business concept before you worry about great names.

Kyoung05 · Jun 9, 2010

Originally Posted by Arrogant Bastard

I would also advise against starting a business around a name, or thinking a great name is the starting point for a great business. It's definitely the other way around. Have a great business concept before you worry about great names.

+2. Seriously, a name by itself, regardless of how "great" you think it is, is often worthless.

matadorpoeta · Jun 9, 2010

thanks. i suppose i made it sound like the name was everything, but no. i've had this business idea for a few months and just a couple of days a go i thought of the perfect name for it, but like i said i think it will be at least a year or so before i can get the ball rolling on it.

Kyoung05, could you tell me what is considered the near future? 1 year? 5 years? thanks.

Kyoung05 · Jun 10, 2010

Originally Posted by matadorpoeta

thanks. i suppose i made it sound like the name was everything, but no. i've had this business idea for a few months and just a couple of days a go i thought of the perfect name for it, but like i said i think it will be at least a year or so before i can get the ball rolling on it.

Kyoung05, could you tell me what is considered the near future? 1 year? 5 years? thanks.

***DISCLAIMER: Nothing in this post/reply constitutes legal advice, and no attorney-client relationship has been formed as a result of this post/reply.***

You should take a look at the USPTO site: http://www.uspto.gov/trademarks/process/index.jsp.

Generally speaking, once you submit an application, the USPTO will conduct a search to see if your mark is registerable. If it is, they will issue a "Notice of Allowance." From that time, you have 6 months to submit a Statement of Use to the USPTO with specimens evidencing your use, or, request a 6 month extension. All said, you can request up to a total of 5 6-month extensions, meaning you could potentially have up to 3 years total to show the USPTO that you are using the mark in commerce. Of course, for every 6-month extension you request, you have to certify that you are in fact making good-faith bonafide effort to use the mark in commerce.

***DISCLAIMER: Nothing in this post/reply constitutes legal advice, and no attorney-client relationship has been formed as a result of this post/reply.***

matadorpoeta · Jun 10, 2010

Originally Posted by Kyoung05

***DISCLAIMER: Nothing in this post/reply constitutes legal advice, and no attorney-client relationship has been formed as a result of this post/reply.***

You should take a look at the USPTO site: http://www.uspto.gov/trademarks/process/index.jsp.

Generally speaking, once you submit an application, the USPTO will conduct a search to see if your mark is registerable. If it is, they will issue a "Notice of Allowance." From that time, you have 6 months to submit a Statement of Use to the USPTO with specimens evidencing your use, or, request a 6 month extension. All said, you can request up to a total of 5 6-month extensions, meaning you could potentially have up to 3 years total to show the USPTO that you are using the mark in commerce. Of course, for every 6-month extension you request, you have to certify that you are in fact making good-faith bonafide effort to use the mark in commerce.

***DISCLAIMER: Nothing in this post/reply constitutes legal advice, and no attorney-client relationship has been formed as a result of this post/reply.***

thank you sir, your legal advice is much appreciated.

i'm checking the website now.

Davidko19 · Jun 10, 2010

Soooo..... whats the name brah? Whats the business? Give us some hints

matadorpoeta · Jun 10, 2010

Originally Posted by Davidko19

Soooo..... whats the name brah? Whats the business? Give us some hints

remind me to tell you in about a year or two.

leon12 · Jun 10, 2010

Creating a company is really cheap, you should do that first. Registering a trademark is a thousand times more expensive.

red120 · Jun 10, 2010

You will have trouble during the approval process.

To get the trademark, you will have to show that the trademark is in commercial use at the time of the application, or intending to do so in the future.

You also have to pay the fee for each class that you'll be using the trademark in. So for example, if you are making Brand A, and you will make scarves, jackets, jewelry, etc.

It has to be registered each class for that separately. It'll get pretty expensive.

As for registration of company name, you can do this pretty cheaply DBA, and online as well. Costs range from 10-200$ depending on the state.

ter1413 · Jun 10, 2010

Originally Posted by matadorpoeta

remind me to tell you in about a year or two.

But you can still register the name/domain/etc in case someone wants to make you an offer that you can't refuse!!!

Kyoung05 · Jun 10, 2010

Originally Posted by red120

You will have trouble during the approval process.

To get the trademark, you will have to show that the trademark is in commercial use at the time of the application, or intending to do so in the future.

You also have to pay the fee for each class that you'll be using the trademark in. So for example, if you are making Brand A, and you will make scarves, jackets, jewelry, etc.

It has to be registered each class for that separately. It'll get pretty expensive.

As for registration of company name, you can do this pretty cheaply DBA, and online as well. Costs range from 10-200$ depending on the state.

Well, registering a TM with the USPTO in one class can cost as little as $275 (if you use the standard form) or $325 (if you use the free-form text form), if you limit your trademark to one class. Seeing as how he hasn't even started the business yet, it would seem prudent to just stick with one class for now. Of course, this is assuming he does it himself. If he wants to hire an attorney to do it for him, well, give me a call.

registering a trademark/company name?

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