Trademarking My Personal Name

Want to trademark your name ? It can be done, but first, ask yourself why you want to spend the money – and time – to trademark your name. You must besides meet specific requirements to trademark your name with the U.S. Patent and Trademark Office ( USPTO ) .

A trademark is a piece of intellectual property that allows you to “ post ” something so that no one else can copy or use it. It distinguishes your company and its products from everyone else. Do n’t confuse a trademark with a copyright ; copyrights are for works like books, movies, and videos .

Trademarking your name gives you an extra brand and keeps others from using your name .

Registering vanadium Trademarking Your name

Registering a commercial enterprise name is different from trademarking that name. You can register a commercial enterprise name in a express, or a business name is automatically registered when a business entity is registered ( as a pot or LLC, for exemplar ). Registering a business name in a state entirely registers the name in that state, to keep others in the state from using it ; a brand can be registered in the U.S. or you can besides register a brand internationally .

To make certain person else does n’t use your name – or the name of your business – anywhere in the U.S., you must trademark that name .

Qualifications

People trademark their names all the time. Actors, authors, sports figures, and early celebrities much trademark their names .

For exercise, IPWatchdog used the example of Sarah Palin, who has trademarked her diagnose ( actually it ‘s a serve crisscross, not a trademark ), The class is “ educational and entertainment services, namely, providing motivational speaking services in the airfield of politics, culture, business, and values. ” ( From the Trademark Electronic Search System ( TESS ) ) .

belittled Business at Chron.com says, “ A person ‘s name can lone be registered as a trademark if it is widely recognized in commerce. ”

To be absolved, if you want to trademark your personal name, you must find a business consumption for it, and that business consumption must fit into one of the many specific categories of products and services. Listing your trademarked name in one class does n’t prevent person from claiming it as a trademark and using it in another class. But in the cases I saw for life individuals, written consent must be given for the hallmark of the person ‘s name .

Fanciful and Arbitrary Names

The best names to be trademarked are either “ fanciful ” or “ arbitrary. ” The USPTO says that a fanciful hallmark is best. fanciful names are best for trademarking. These are made up names and names that are not logically connected with a product or overhaul. In a research of the trademark database, I found the mention “ John Smith ” ( connected to a business ) that was listed as “ fanciful. ”. Names like EXXON are fanciful .

arbitrary names are not made up but are not logically connected to the products or services sold. “ Apple ” is an exemplar of an arbitrary name .

Why Register Your Personal name

Registering your name can provide you with added protection against cybersquatters ( people who pick up sphere names to confuse people and get money ) .

Of naturally, the best rationality to trademark your name is to prevent others from using it. For exercise, Morgan Freeman trademarked his mention to prevent it from being used by a ship’s company to marketplace its products. Freeman ‘s hallmark is listed in the category “ Entertainment services, namely, populate, televised, and movie appearances by a professional entertainer. ”

Protecting Your Trademarked appoint

After you have trademarked your diagnose, you must protect it or risk losing your brand. The U.S. Patent & Trademark Office does n’t protect your identify, so you must be diligent. You might want to use a Google Alert for your appoint to keep check .

If you want to sue person for using your appoint, you must show “ confusion in the populace. ” That is, you ca n’t fair say “ person is using my list ” but you must show that there is confusion and then that the confusion is hurting you financially .

here ‘s a theoretical exemplar : A company called “ McDonald and Sons Burgers ” sets up in a little township and McDonald ‘s ( the international one ) is concerned. They would have to show that people are confusing the two restaurants and that the confusion hurt the big McDonald ‘s business.

Using an Intellectual Property Attorney

Before you decide to trademark your diagnose, confer with an intellectual place lawyer. brand is a complicated procedure, and you may find it ‘s worth the money to make certain it ‘s done right .

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Category : How

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