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.
It's necessary to have comprehensive research on the mark done prior to filing to ensure that there is no possibility of infringing upon another party.
This entails searches of 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. The Federal government, USPTO, charges $325 per classification. State fees vary, from $10 to $120.
Finally, no you do not have to display the TM or ® symbol every time you display your mark. That's your preference. It's certainly recommended as it provides a public notice that you're either claiming the rights to the mark/have a pending trademark (TM symbol) OR that you have a Federally registered trademark (®).
Hope that helps! I wish you much success & happiness in all your ventures!
Comments
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.
It's necessary to have comprehensive research on the mark done prior to filing to ensure that there is no possibility of infringing upon another party.
This entails searches of 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. The Federal government, USPTO, charges $325 per classification. State fees vary, from $10 to $120.
Finally, no you do not have to display the TM or ® symbol every time you display your mark. That's your preference. It's certainly recommended as it provides a public notice that you're either claiming the rights to the mark/have a pending trademark (TM symbol) OR that you have a Federally registered trademark (®).
Hope that helps! I wish you much success & happiness in all your ventures!