Do i patent or trademark a company name?

Question

So i was wondering if i wanted to own rights to a company name which i want to open someday but don't want the name to get taken, how am i to go about this. any advice would help. thanks

Answer 1

Neither. Patents have nothing to do with company names. Trademarks may include company names, but do not prevent other people from using the name -- they only prevent people from using that trademark. A trademark is a particular design. The design may include a name, but it is the design that is protected, not the name. Moreover, a trademark is absolutely valueless unless it is used. If a trademark isn't continually used, it is lost.



If you want to protect a particular company name, the only way to do it is to form a corporation now with that name. That will prevent any other company from using that corporate name in your jurisdiction. However, it will not prevent people from using that name in another jurisdiction.

Answer 2

Please don't believe Sage... a corporation and a trademark are not related



You patent an invention

You trademark a name or slogan

You copywrite create works like writing, art, music, etc.



You can file a trademark before you are ready to use it. But if you don't use it within 3 years of filing the trademark, you loose the trademark right. "Using it" means that you are actually making money with that name or slogan.



You can check out www.uspto.com (US Patent & Trademark Office) to see if the trademark you want is available. Most trademarks are specific to the industry. That means a company can have the same name if one is a heating repair company and one is a clothing line. Also some general things can't be trademarked. For example: the patent office typically won't trademark a name if it is super common such as laundry and clothing companies. There are more than 10 different clothing companies that are "something" laundry such white laundry, Chinese Laundry, etc and none of them are trademarked.



You most likely can file the trademark without an attorney. I think the filing fee is about $375.



It also can take a long time for a trademark to be authorized

Answer 3

To protect an original invention OR a significant improvement to an existing product, a patent would be filed. Here's the USPTO's definition: http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent



To protect a business name within your industry, you would apply for a trademark.



Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.



Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.



This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.



To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.



If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.



Hope that helps! I wish you much success & happiness in all your ventures!

Answer 4

Well, as a person who has been in that line of work for a long time, I would suggest that you make sure you explain that all that you say is your own personal opinion. There are laws against libel, but fortunately, there are no laws against having an opinion. However, even that opinion should avoid personal attacks on any particular person, because this could be deemed as slanderous, with intent to damage. Then, too, there is the famous twisting of the English language that frequently comes in handy. For instance....it is often wise to say....."I am not implying that So and So is fraudulent, but some people might believe that......." I am kidding, of course, because the best protection is the truth. If you cannot back up what you are saying with fact, then save your anger for an all-out cussing session in your back closet, and write only what you know to be true.

Answer 5

Trademark names. Patents are really expensive (Thousands of dollars). Trademarks are a lot cheaper. More importantly its a trademark that applies to names. Patents are used for inventions or discoveries and require a long detailed explanation of the invention and how it works. All a trademark requires is that you send in your logo, word, or phrase and you're done.