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How To

How to Trademark a Name

Member
By eric1985
User-Submitted Article
(7 Ratings)
US Department of Patents and Trademarks
US Department of Patents and Trademarks
Image from http://www.uspto.gov/

Getting a trademark can be an essential part of doing business. It is fairly easy to obtain, though it can be quite expensive. A trademark is needed for company names or product line names.

Difficulty: Moderate
Instructions

Things You'll Need:

  • A name to trademark
  • About $400 in fees
  • A trademark/patent lawyer
  1. Step 1

    Start your company. People don't just get trademarks for fun. First you have to have something to trademark. Make sure it is a name that you are trademarking. Inventions require patents. Artistic works require copyrights.

  2. Step 2

    Search to make sure no one has the trademark you want. You can't trademark something that belongs to somebody else, though you can buy the trademark from the current owner.

  3. Step 3

    Hire a trademark lawyer. You can skip this step and file the paperwork yourself, but it can be complex. It is much easier to hire a lawyer. Though lawyers are expensive, they are worthwhile for the investment in your company's future.

  4. Step 4

    If you do not opt for a lawyer, read the government's booklet on trademarks. After you know everything you need, submit to the Trademark Electronic Application System. Then wait for your respone.

Tips & Warnings
  • Hire a lawyer, though often pricey, it is worth it for the expert knowledge and assistance with the paperwork.
  • Make sure no one owns your trademark.
  • Your trademark has to be specific to your company, you cannot blanket trademark a set of phrases.
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