We’re all here to change something, which is why we want to stand out from the crowd, integrate our distinctive characteristics, and show what we can. This is very common especially for business owners who work on their business, its logo and of course, its name; they do so to distinguish themselves and become famous in the business world.
For this, everyone strives for perfection: for a perfect business name that is perfectly protected by the law, and this is when a trademark comes to help. But first of all, let’s specify what we mean by saying “trademark,” just in case. Let’s ask U.S. federal agency whose main function is granting U.S. patents and registering trademarks, and let’s understand together what a trademark is, and what it’s used for:
According to the United States Patent and Trademark Office (USPTO), “A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.”
But How to Trademark Your Business Name, After All?
It’s not surprising that in 2019 there were approximately 30.7 million small businesses in the entire U.S. and we can only assume that their number has increased (or at least remained unchanged due to the pandemic), and that’s only for small businesses! Can you imagine the amount of businesses, brands, logos and brand names that circulate across the United States?
Step 1 – Do a Name Research
Make use of USPTO Trademark Electronic Search System, search the name you’re planning to trademark, and make sure that the name chosen by you is not trademarked by somebody else. If you use a name that was trademarked before you, you will have trouble with the law for sure!
Step 2 – Apply for Trademark
The application process is not rocket science: you just gather all the documents that you’re required to attach and file the application. Just make sure that you understand USPTO’s requirements. The federal agency itself says that “If you’re not sure how to answer these and other questions, review this webpage to avoid mistakes that cost you time, money, and potentially your legal rights.” Like we said, it’s no joke; you’re dealing with the law! Before the actual process of trademarking your business, ask yourself the following questions:
·Is your trademark federally registrable?
·Can you properly identify your goods or services?
·Can you identify the proper filing basis for your application?
If you still have questions, don’t hesitate and ask us at Prestige Auditors or visit USPTO’s official website. (Psst: ask us instead! We can also help you with ITIN acquisition!)
Step 3 – Push the Button and File It
This is when the USPTO gives you an opportunity to choose: you can either go for TEAS Plus or TEAS Standard. Both of them are aimed at trademarking your business, but the first one is cheaper than TEAS Standard, and is more prone to accept your application. But, here’s a big but: TEAS Plus won’t offer you the opportunity to create a thorough description for your goods/services.
You may need this when you want to specify the category of your product, which will in turn have an impact on the final verdict! This is all that you should know before trademarking your business. So, go ahead and do that; who knows? Maybe you will win the race and trademark your name earlier than another business owner! In case of questions and tax and/or business-related issues, contact Prestige Auditors and we will help you with any questions you might have!