Does a trademark protect your name?
Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows. You can start the trademarking process on the U.S. Patent and Trademark Office’s website. The application can be completed fairly quickly, but the entire process may take several months.
Can I copyright my personal name?
Because personal names fall into a trademark category known as “descriptive” marks, you usually can’t register your name as a trademark unless you can also show that it has “secondary meaning,,” which is usually acquired through advertising or long use.
Can surnames be a protected trademark?
Under US trademark law, a mark which is “primarily merely a surname” cannot be protected as a trademark without proof that it has “acquired distinctiveness.” A mark is considered to be “primarily merely a surname” if its primary impact or impression on the purchasing public is that of a mere surname and not a trademark …
What happens if someone trademarks my name?
With a trademark, you get the legal protection that stops other companies from committing infringement. When you register a trademark, you will be able to: Sue any company that copies your product based on your trademark. Prove your ownership and priority date.
How do you protect a name?
A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the United States from using your trademarked names.
What does a trademark protect you from?
Trademark, patent, or copyright
| Trademark | |
|---|---|
| What’s legally protected? | A word, phrase, design, or a combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services. |
| What’s an example? | Coca-Cola® for soft drinks |
Is a name copyright or trademark?
A trademark represents your brand or product. Names, logos, and slogans are common trademarks. A copyright, on the other hand, protects a work of authorship, including books, paintings, and even computer code.
Can you sue a company for using your last name?
Only human beings, and not corporations or other organizations, have rights of publicity and privacy interests that can be invaded by misappropriation of name or likeness. Thus, only individuals can sue for unlawful use of name or likeness, unless a human being has transferred his or her rights to an organization.
Can someone else trademark your last name?
Under federal trademark law, yes – it is possible to get a federal trademark registration from the USPTO on a mark that would be considered primarily merely a surname, or last name, as long as you can establish secondary meaning (also referred to as “acquired distinctiveness”).
Can a company sue you for having the same name?
A trademark lawsuit will require you to prove three things: You have registered a trademark or service mark in the name. Someone else is using the same or similar name to sell similar goods and services to yours. The infringer’s use of the name is confusing customers or diluting the power of your trademark.
How can I make sure no one takes my business name?
To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.
Can a trade name be protected as a trademark?
There is no brand name protection for a trade name that is solely a trade name. However, you can use your name as a trademark and register for federal trademark protection of a trade n ame if your business sells or provides services in interstate commerce under a trademark that is the same as your trade name.
How can I protect the name of my business?
This can be accomplished through registration and following state laws. Trade names can be registered in state offices, such as the county clerk’s office, and in some states there is common law protection when two businesses have names that are confusingly similar.
Why register a trademark with the USPTO?
Registration with the USPTO puts everyone in the United States on notice of your trademark, and it is a prerequisite to filing a trademark infringement lawsuit.
What is an example of a trademark?
For example, the Snapple Beverage Corporation manufactured goods whose source could be identified by the “Snapple” trademark. Apple Computer Corporation sells personal computers under the trademark “Apple.”