8. Trademarking
Step 8 of 8
Trademarking
[Dear Readers, Please Note: Content is still in development during Private Beta.]
[Thanks. - The Nameloader Team]
Note: Nameloader is simply a service that helps you arrive at a brand name - and NOT a replacement for a formal search and trademarking.
Trademarking. All the cool kids are doing it.
If you plan to use your for a long time, consider trademarking it. If you’re about your name, you want to protect it - and yourself - from trademark infringement. Here’s what you need to know:
What is a trademark?
According to the US Patent and Trademark Office…
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
Also…
A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms “trademark” and “mark” refer to both trademarks and service marks.
Trademark infringement
The unauthorized use of a legally registered name. It’s downright risky and costly. You don’t want to get caught in this sort of financial and legal headache. Some symptoms include:
-customer confusion
-renaming & rebranding
-court injunction
-legal bills
-and much, MUCH more
Infringement is a real bummer - and that’s just putting it politely. Let’s just say, you don’t want anyone illegally slapping your name on their big idea. So, at the same time, you don’t want to get caught illegally using someone else’s name for your big idea.
Find direct match U.S. TM conflicts
On the Nameloader Edit & Rate Names page, click Check and Nameloader immediately searches for direct match hits on the United States Patent & Trademark Office (UPSTO) database. If direct hits are found, click View and Nameloader returns the Record List Display of hits in a new browser window. Be diligent. (We mentioned that in the Overview, but we kinda really mean it.) Investigate direct hits to see if they in fact pose a legal conflict with your name. Eliminate names that are in direct conflict with names on the Record List Display.
Heads up! Just because your remaining names returned zero direct matches, it doesn’t mean they’re 100% in the clear. Before you can declare your names to be conflict-free, you have to be certain they don’t return any indirect trademark matches. More on this below.
Find indirect TM conflicts
Beware of indirect hits lurking in the shadows. These are trademarks that are similar enough to your’s in sound or usage. By using such a name, you put your name at risk for brand confusion and - you guessed it - trademark conflict. Searching for indirect trademark matches is a fairly meticulous, elaborate task. We strongly recommend a formal trademark search to get the job done right. Online services we recommend:
There’s a fee for these services. But think of the fee as an investment. Paying the pros to search your names can go a long way if you plan on using your name for a long time.
Investigate the claims to naming rights in your state, province or country
Name rights may differ depending on the state, province or country in which your name will appear. Learn about the necessary actions you’ll need to take for your name to be used legitimately in your geographic area.
Trademark it yourself
If you have the makings of a hard core namer, file a trademark application yourself. Use the USPTO Electronic Application System to trademark your own name. There’s a fee, but it’s worth the investment. You’ll also be the envy of all the cool kids.
Legal backup
Call in legal pros to reassure messy infringements don’t catch you off guard later down the road. Thankfully, there’s now a growing online industry of professional legal services to help get the job done. (Oh, interweb. You’ve really outdone yourself this time.) Services we recommend:
There’s a fee. But again, it’s worth the investment. Having already spent time to (Step 7) Rate for Uniqueness, you’ve already done some of the advanced work. This frees you up to get greater trademarking use out of these services.
Click here for Logo & Design
Check my name for trademark availability in Nameloader
