Can You Trademark Your Business Name?
Most people think trademarks are logo oriented. In some ways, this is true. The Nike Swoosh is clearly a logo trademark that stands out in peoples minds. When you see it, you immediately think of Nike and its products. While logos can clearly be trademarked, what about a business name? The answer is both yes and no.
A trademark is a consumer oriented thing. While it protects the intellectual property of businesses, it is a legal step designed to protect consumers. The basic idea is a trademark should point to a particular product or service and only be used by the company backing those items. This helps consumers in two ways. First, it represents an assurance of a particular type of quality associated with the products or services provided by the company. Second, it precludes other companies from causing consumer confusion by infringing on that mark.
When it comes to your business name, you can trademark it if certain requirements are met. I am going to avoid the legal mumbo jumbo that confuses people, and stick with a general rule of thumb. If you use your business name in advertising or on the product or service, you can trademark it. A classic example is "Google". Google is both a company name and used on the service itself. When you go to the home page of Google, you see "Google" prominently displayed. As a result, this business name can be trademarked.
If you do not use your business name in a direct communication to consumers, you cannot trademark it. Why? Well, there is nothing distinct about it that reminds consumers of the connect. TJMaxx is a well-known discount retail store. Most people have at least heard of the name. The company behind the name, however, is actually TJCos. Nobody has heard of "TJCos" and certainly do not associate it with a store. As a result, this business name would be difficult to trademark, if not impossible.
If your name is going to be a fundamental part of your marketing effort, you should consider trademarking it. If it is not, then your probably should save your money. Obviously, each situation is different, so make sure you speak with legal counsel in your area.
Related Tags: business, legal, law, trademark, consumer, use, name, mark, trademarking
Richard A. Chapo is a trademark lawyer with www.SanDiegoBusinessLawFirm.com.
Your Article Search Directory : Find in ArticlesRecent articles in this category:
- How to Register a Trademark - Discover the Wonders That Shopnbc Offers, Thanks to Its Trademark
This shop turns out to be the most popular and most liked shop that is often talked about in the Un - How to Register a Trademark - Shopnbc and Its Incredible Auction Sales for Jewelries
A lot of shopping today is mostly done over the internet. The internet has proven itself to be one - Are You in Search of Memorable Gift for Your Father?
It is always worthwhile to present your father with a memorable souvenir on a memorable occasion su - How to Register a Trademark - Credit Card Safety While Shopping at Shopnbc
The internet has come with lots of blessing especially in relation to shopping. Most of us will pre - How to Register a Trademark - a Likely Trade Name for World Wrestling Entertainment
Wrestling and in particular that which is meant for entertainment has gradually gained its way to b - How to Register a Trademark - Discovering What General Mills Has in Store for Your Kids
Immediately you hear of a trademark, take it to mean words, sounds, emblems or a combination of two - How to Register a Trademark - Use a Lawyer to Defend Your Trademark or Copyright
No matter what form of invention you are involved into, you will need either a copyright or a trade - How to Register a Trademark - Using a Lawyer to Look After Your Business in California
In contemporary business practice, everyone seeks to be solely independent. There are of course gre - How to Register a Trademark - Discovering Shopnbc and Its Highest Bid System
Throughout the years, we have constantly resorted to the internet for a lot of things. In short, th - Filing for a Trademark in Israel and Intellectual Property Strategy
In the past, many brand owners, both small as well as corporate sometimes did not consider much the
Most viewed articles in this category:
- US Patent and Trademark Office: Security For Your Products, Business & Ideas
People are always coming up with different ways of creating income, it's only natural. Some people w - How To File Trademarks
Various companies, in strive to achieve higher market shares and widespread popularity tend to ignor - International Trademarks and the Madrid Protocol
Protecting your logo and so on with a trademark is a smart move. Ah, but what about protecting it in - The Role of Trademarks
Once you start conducting business, you are going to start running into the topic of intellectual pr - You Can Trademark a Lot More Than You Think
Discussing a trademark in general is often difficult. Why? It has to do with the fact that you can t - Using A Mark You Cannot Trademark-Be Careful
When coming up with a logo or mark, there are plenty of options. Sometimes, people make a choice tha - Intellectual Property Law - Trade Mark - Landmark Ruling - Test for Invalidity
In Special Effects Limited v L'Oreal & International Trademark Association (Intervener) [2007] EWCA - Intellectual Property Law - Trade Mark Law - EU - Interpretation of Directive - Trade Mark Refusal
The case of BVBA Management, Training en Consultancy v Benelux-Merkenbureau [2007], concerned the in - How to Register a Trademark - Shopnbc and Its Incredible Auction Sales for Jewelries
A lot of shopping today is mostly done over the internet. The internet has proven itself to be one - Are You in Search of Memorable Gift for Your Father?
It is always worthwhile to present your father with a memorable souvenir on a memorable occasion su