Starting your business with the right IP registration
Your business name is as valuable as any asset your company owns. In this quick easy to read guide you’ll learn in less than 5 minutes when is the right time and why you should trademark your business name.
As a trademark and registered patent attorney, going through a strategy session with my clients about their intellectual property is one of the things I enjoy the most.
If you are new to this learning center, welcome, I’m Karima Fathi Gulick, an engineer and a registered patent attorney with over 10 years of experience in intellectual property law in the United States. With me, you can feel safe that this information will guide you and make you have a comprehensive understanding about how to trademark your business name.
Is a trademark different from an LLC name?
If you’re an entrepreneur or just starting your own business, it’s important to know the difference between a business name and an Official Limited Liability Company, best known as LLC. Your company can also be referred to as an LLC, that is a separate legal entity and it’s linked to the state your business is registered to.
When you register a trademark, this gives your brand/business name the proper protection as an intellectual property asset of your company.
For an LLC is the entity that backs you up with the state you operate in to pay federal and state taxes, however this will not protect your business name from unauthorized use.
When is the right time to trademark my business name?
We created a comprehensive checklist of the things you must need before submitting your trademark registration for your business name.
- Identify Mark: Choose your trademark (word, phrase, logo).
- Conduct Search: Ensure availability with a thorough trademark search. You can check the USPTO trademark search.
- Define Goods/Services: List what your trademark will represent.
- Prepare Documentation: Gather and organize necessary documents.
- Consult Attorney: Seek guidance from a trademark attorney.
- File Application: Submit your trademark application.
- Monitor Status: Keep track of your application’s progress.
- Plan for Maintenance: Understand and prepare for post-registration requirements.
If you have the first 4 steps ready and you would like to seek guidance from a trademark attorney, please book a 30 minute strategy call with Karima Fathi Gulick for $250.00, our trademark and registered patent attorney here.
How to trademark my business name?
If you’re looking to understand the process of your trademark registration by yourself, you can check our comprehensive guide of the USPTO Trademark Registration Process.
For your convenience, here’s a summary of the timeline and process of the trademark registration process, remember that every process is different and it’s important to seek legal advice if you have any questions.
Preparation Stage
- Timeline: Immediately upon deciding to register a trademark.
- Checklist Steps:
- Identify Mark: Choose your trademark (word, phrase, logo).
- Conduct Search: Perform a thorough trademark search to ensure the mark is available and not already in use.
- Define Goods/Services: Clearly list the goods or services the trademark will cover.
Application Stage
- Timeline: After completing the preparation stage.
- Checklist Steps:
- Prepare Documentation: Collect all necessary documents, such as proof of use (if applicable) and detailed descriptions of the goods or services.
- Consult Attorney: Work with a trademark attorney to review your application and to ensure it meets all legal requirements.
- File Application: Submit your trademark application to the appropriate trademark office.
Examination Stage
- Timeline: Typically starts 3-6 months after application submission and can also last till 9-11 months.
- Checklist Steps:
- Monitor Status: Regularly check the status of your application and respond to any office actions or inquiries from the trademark office. This often involves clarifications regarding your mark or its classification.
Publication/Opposition Stage
- Timeline: If the application passes the examination stage, the mark will be published in an official gazette.
- Checklist Steps:
- Monitor for Opposition: Watch for any opposition filings during the 30-day opposition period following publication.
Registration and Post-Registration Stage
- Timeline: If no oppositions are filed or if they are successfully overcome, the mark will be registered.
- Checklist Steps:
- Plan for Maintenance: Prepare for maintenance filings such as declarations of continued use, and renewals every ten years. Understand the post-registration requirements to maintain the registration status of your trademark.
How much does it cost to trademark a business name?
It will depend on the complexity of the registration, take in consideration that you will need to pay USPTO fees and legal fees if you decide to continue the process with a trademark attorney.
The filing fees may start at $250.00 for the USPTO. If you are interested in our trademark pricing please click here.
Do trademarks expire?
As long as you are using your trademark, they do not expire. But if you have trademarks and you are not using them for the first 3 years, your trademark may become invalid. This does not mean that you are excluded from paying maintenance fees or that the USPTO asks you for proper documentation of your trademark business name use.
The lifespan of your trademark business name can be measured the first 5 years and then extends to 10 years. Working with a trademark attorney will ensure that these maintenance fees or supplementary filings that the USPTO requires are taken care of on time avoiding the cancellation/abandonment of your trademark.
Should I file a trademark for my business? – Trademarks for creative companies.
I can relate to the excitement of starting your own business and leading a successful company, but the process can be daunting and there are a lot of things going on and the list of ongoing projects never ends! That’s the life of an entrepreneur but don’t forget that intellectual property is also a part of your investments and crucial assets.
Trademark your business name, it’s the first step in any brand strategy. Building your intellectual property portfolio and strategy should be something you must consider for your company’s blueprint.
If you are ready to start your process, please book a consultation with our team to begin with the onboarding process. Remember that this process can take up to 6 to 11 months to complete it.
