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.
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.