Quick Answer: Do You Need To Trademark A Product Name?

Can a product be trademarked?

Although you cannot trademark the product itself, you can trademark the name, logo, and slogan that you use to brand the product.

Trademarks do not cover a physical object; they cover the way an object or service is branded.

If you wish to protect a specific product, look to patent it..

Can you sell a product without a trademark?

You can sell products or offer services in the United States without having a registered trademark. … There are several reasons why registering your trademark is a good idea.

When should you trademark a product?

The best time to trademark a product name depends upon when you plan on first selling the goods or services. If you’ve already begun selling product under the name, then do not wait any longer to file a use-based trademark application.

How much is it to trademark a product?

Initial application fee for electronic filingOption 1: TEAS PlusOption 2: TEAS Standard$225 per class of goods/services$275 per class of goods/servicesDec 17, 2018

How long does a trademark last for?

ten yearsIn the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

Does my logo need a trademark?

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

IS can’t touch this trademarked?

CAN’T TOUCH THIS Trademark – Serial Number 86889639 :: Justia Trademarks.

How do I trademark a product name?

5 Steps to Trademark a Product Name Come up with a unique brand name for your product. … Hire a trademark attorney. … Perform a trademark search on the selected brand name. … File your trademark application with the USPTO. … Follow through with the USPTO during the application process.

What Cannot be registered as trademark?

Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.

What is the cheapest way to trademark?

To register your mark with the USPTO, you must fill out an application and pay a filing fee. Doing this yourself is the next cheapest way to achieving a trademark and is more advantageous than doing nothing but relying on a common law mark.

Can I trademark a saying?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.

If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans. By using the trademark symbol, you notify other people that products they use are your property. In order to prevent unauthorized use of your mark by third parties, you have to choose a strong one.

Can I sell on Amazon without a trademark?

Am I allowed to put my original brand name on my products on Amazon? Yes, you are, and no, you don’t have to have a trademark. Yes, you can brand something (assuming you are not infringing on any patents, trademarks, or copyrights).

Can you trademark a phrase on a T shirt?

Because a slogan or design silk-screened onto a T-shirt is not a trademark. … A trademark is any word, phrase, design or device that identifies the source of the goods identified by the mark. Don’t even attempt to register the trademark for a slogan or design that simply appears across the chest or back of tee-shirt.

How do I get a free trademark?

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

How do I protect my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

Is it illegal to run a business without registering?

It is entirely legal to operate as a sole proprietorship without registering your company. … Becoming recognized as a business by the Internal Revenue Service does not require any special steps or documents. All you need for IRS recognition is that you file your first business tax return, as required by federal law.

Can I paint a logo and sell it?

Yes it can get you into trouble to use a company’s logo. … It is likely that if you create a painting or illustration or other type of artwork using a company’s logo as part of the imagery and you sell the artwork, the company could sue you for commercial use of their registered trademark without their permission.

What are the three types of trademark?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

How hard is it to trademark a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.