Thinking About Trademarking Your Business Name or Logo? What You Should Know…
You spent time building your business name.
You designed the logo.
You created the tagline.
You built the website.
You started putting your brand out into the world.
Then one day, you discover another business using a name or logo that's confusingly similar to yours.
Now what?
If you're thinking about protecting your brand, you've probably heard the word trademark tossed around. But trademark registration can be confusing, especially when you're trying to understand the difference between a business name, a domain name, a trademark, and a registered trademark.
Let's break down the basics.
What Is a Trademark?
A trademark can be a word, phrase, symbol, design, or combination of those elements that identifies your goods or services and distinguishes them from someone else's.
That could include:
A business or brand name
A logo
A slogan or tagline
A particular design associated with your goods or services
But trademark protection isn't necessarily ownership of a word or phrase in every possible situation. Trademark rights are connected to how the mark is used and the particular goods or services associated with it.
That's an important distinction.
Your LLC Name Isn't Automatically Your Trademark
This is one of the biggest misconceptions among business owners.
Forming an LLC or corporation creates your legal business entity. It doesn't automatically give you federal trademark rights in that name.
Likewise, registering a business or trade name isn't the same thing as obtaining a federal trademark registration.
And registering a domain name doesn't create trademark rights either.
Think of it this way:
Business name ≠ Domain name ≠ Trademark
They can overlap, but they serve different purposes.
What Does Federal Trademark Registration Do?
Federal trademark registration through the U.S. Patent and Trademark Office (USPTO) can provide important legal protections for your registered mark in connection with the goods or services identified in the registration.
Registration can provide benefits such as:
Nationwide notice of your claim to the mark
A legal presumption of ownership
The ability to use the federal registration symbol ®
Additional legal tools for protecting your mark
But registering a trademark doesn't mean nobody else can ever use those words.
Trademark protection is tied to the particular mark, its use, and the goods or services involved.
Before You File: Search, Search, Search
This is the part people sometimes want to skip.
Don't.
Before applying for a trademark, you should investigate whether someone else already has a similar mark.
The USPTO explains that one common reason trademark applications are refused is likelihood of confusion with an existing trademark.
And the marks don't necessarily have to be identical.
Two marks can potentially create a problem if they are similar in appearance, sound, meaning, or overall commercial impression and are being used with related goods or services.
A proper search may include:
Federal trademark registrations and applications
State trademark records
Business names
Internet searches
Related goods and services
The USPTO recommends conducting a broader search rather than relying solely on its federal trademark database.
If you're serious about protecting a valuable brand, this is a good point to consult a trademark attorney.
How Much Does It Cost?
Trademark registration involves more than simply choosing a name and submitting an application.
The USPTO charges filing fees based on the application and the number and type of classes involved. Additional fees may apply depending on the circumstances of your application.
And remember:
USPTO filing fees and attorney fees are two different things.
If you hire a trademark attorney to conduct a search, prepare your application, or handle correspondence with the USPTO, their professional fees are separate from government filing fees.
Before filing, check the USPTO's current fee schedule so you know what you're actually paying for.
Do I Need a Lawyer?
If you're domiciled in the United States, you generally aren't required to have a U.S.-licensed attorney represent you before the USPTO.
But that doesn't mean trademark registration is necessarily a DIY project.
Trademark applications involve legal decisions about things such as:
Whether your mark is registrable
Whether another mark creates a likelihood of confusion
How your goods and services should be identified
What type of application is appropriate
How to respond if the USPTO raises an objection
A qualified trademark attorney can help you navigate those questions.
Filing a form is not necessarily the same thing as protecting a brand.
So Where Does a Notary Come In?
Here's the part that's especially relevant to Nevermore Notary.
A notary does not register your trademark.
The USPTO handles federal trademark registration, and trademark applications are submitted through the USPTO's electronic filing system.
So don't assume:
“I'm filing a trademark, therefore I need a notary.”
That's not necessarily the case.
However, there may be situations involving supporting documents, declarations, assignments, or other paperwork where notarization or another form of verification may be required.
If a document specifically requires notarization, that's where your notary comes in.
A Notary Can't Tell You Whether You Should Trademark Something
This is another important boundary.
A notary can perform a requested notarial act when the legal requirements for that act are met.
A notary cannot give you legal advice about whether your business name is protectable, whether another company is infringing your trademark, whether you should file, or what legal strategy you should use.
Those are questions for a qualified trademark attorney.
And honestly?
That's a good thing.
You want your notary to remain an impartial notarial professional, not accidentally become your trademark lawyer. 🐦⬛
What About the ™ and ® Symbols?
You've probably seen businesses using ™, SM, or ® next to their branding.
There is an important difference.
™ can be used with a mark you're claiming as a trademark for goods, even if you haven't obtained federal registration.
SM can be used with a mark you're claiming as a service mark.
The ® symbol is different.
It is reserved for federally registered trademarks and can only be used in connection with the goods or services covered by that registration.
So don't put an ® on your logo simply because you submitted an application.
Application ≠ Registration.
What About My Logo?
Your logo may be protectable as a trademark if it functions as a source identifier for your goods or services.
But there can be strategic decisions involved in determining what exactly you want to protect.
For example, a business may have:
A name
A stylized logo
A tagline
A combination of the name and logo
Those aren't necessarily all protected in exactly the same way.
If your brand is becoming valuable, this is another situation where professional trademark advice can be worthwhile.
The Bottom Line
Your business name is part of your brand.
Your logo is part of your brand.
Your tagline may be part of your brand.
But protecting those assets requires understanding what type of protection you're actually seeking.
A business registration doesn't automatically create federal trademark rights.
A domain name doesn't automatically create federal trademark rights.
And a notary doesn't register trademarks.
If you're considering federal trademark registration, start with the USPTO's current requirements and search resources, and consider consulting a qualified trademark attorney for legal advice specific to your situation.
And if you have a document that does require notarization along the way?
That's where Nevermore Notary comes in.
Nevermore Worries. Just Notarized.
Nevermore Notary provides notarial services and does not provide legal advice or prepare legal documents. Information in this article is provided for general educational purposes and is not a substitute for legal advice. For questions about trademark registration, trademark rights, infringement, or legal strategy, consult a qualified trademark attorney.