Asked in Trademark for California

Q: hi there i would like to trademark a name.. how would i go about doing this?

i would like to use a name and trademark it. not sure what is the procedure or how i would go about this.

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2 Lawyer Answers
John Martin Hilla
John Martin Hilla
  • Trademarks Lawyer
  • Livonia, MI

A: The name of a business or product can be registered as a trademark with the US Patent and Trademark Office to the extent that it is used in relation to the sale of a product or service in interstate commerce. That is, across state lines.

Further, the name must be sufficiently unique to specifically identify you as the source of the product or service being sold. (In other words, it can't be generic, merely descriptive of the product or service, nor can it include a geographic place-names or a number of other unregistrable terms.) It cannot already have been registered as a trademark by another party who has been using it in commerce longer in relation to the sale of a similar product or service.

To discuss whether or not your name is eligible for trademark registration and protection, contact an experienced trademark lawyer to schedule a private consultation.

Fritz-Howard Raymond Clapp agrees with this answer

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
  • Trademarks Lawyer
  • Beverly Hills, CA
  • Licensed in California

A: Before using a mark, you should consult a qualified trademark attorney, to perform a search of registered marks to assure your proposed mark is not too similar to registered for similar goods/services. Then, you can file an application to register the mark, either before actually using it in commerce (an "intent to use" application) or soon after you are actually using it.

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