Powder Springs, GA asked in Trademark for Georgia

Q: How can I trademark my new business name?

I’m looking to start a new business but I first want to trademark the name and idea

Related Topics:
4 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: You need to consult with an attorney to guide you through the process.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
Answered
  • Trademarks Lawyer
  • Beverly Hills, CA

A: You should consult an experienced trademark attorney to assist you in the selection of a trademark that is sufficiently distinctive and not already in use, to advise you regarding how to use the mark to identify your goods or services, and to apply for registration of the mark.

Sergiy M Sivochek
Sergiy M Sivochek
Answered
  • Trademarks Lawyer
  • Los Angeles, CA

A: Generally speaking, you can trademark your business name either at a state level (for example, in California, by registering it with the Secretary of State of California) or nationwide, by filing a federal trademark application with the United States Patent and Trademark Office ("USPTO"). The USPTO provides some basic information and guidance on its website (https://www.uspto.gov/). But realistically, in order to get a strong enforceable trademark for you, we would need to discuss your specific trademark and your business needs and then develop a strategy for maximizing trademark protection for your name. These types of questions are very fact specific...

Sergiy M Sivochek
Sergiy M Sivochek
Answered
  • Trademarks Lawyer
  • Los Angeles, CA

A: Ideas cannot be trademarked. If your idea represents a novel non-obvious invention, that might be protected as a patent, but that is a different long conversation. But if you have a name for your products (e.g., "Adidas" for shoes) then that is something that can indeed be trademarked. Even if you are not yet using the trademark commercially, you can still file an "intent-to-use" trademark application with the United States Patent and Trademark Office ("USPTO") and your trademark will be protected as of the filing date. You will ultimately need to launch the product and prove to the USPTO that you are using the applied-for trademark in connection with those products in order to get your registration certificate, however. You can potentially file a trademark application by yourself, but the process is very technical and it is highly recommended to utilize an experienced trademark attorney in order to prepare and file your trademark application and deal with the USPTO until registration. I hope this helps.

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.