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Trademark A Name - How to Trademark a Name - Determining if the product is eligible for a trademark

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A trademark is basically a brand name, including everything from the name itself, to the logo that represents that name, and learning how to trademark a name is an important part of running a business. There are three specific types of trademarks, and the way to register a trademark is essentially the same for all types of trademarks, including the general trademark.

General trademarks are granted on any kind of commercial product or idea. There are three different types of trademarks: service marks, certification marks, and collective marks. Service marks are used to identify a service, certification marks are works or symbols used to indicate that the product or services came from a specific region or workers in a certain organization. Certification marks can also denote quality or certain other characteristics, and they are typically used by someone other than their owner. Collective marks are used by the members of an organization to show membership in that organization.

Determining if the product is eligible for a trademark

The best way to claim of eligibility for a trademark is through common use, which means that the person who wants to trademark a name is already making use of the term he wants to trademark. In order for a term to be eligible for a trademark under common use, the person must be using it commercially on a regular basis, and not just trying to trademark a name to so he owns the rights to it.

Searching the trademark database

After the person determines if the term she wants to trademark a name for is actually eligible for a trademark, then she must make sure that someone else does not already own that trademark. She should search the Trademark Electronic Search System database for free to find out if someone already owns the trademark she wants to register. If a logo or image is part of the product the person wants to trademark a name for, then she will have to search using the product design code. Design codes are searchable through the U.S. Patent and Trademark Office.

Trademark a name through online registration

The easiest way to trademark a name once someone has determined whether it is eligible for a trademark is by filing the online application with the U.S. Patent and Trademark Office’s Trademark Electronic Application System. The fees required to trademark a name depend on how many classes of items the mark will be used on and which version of the form is filed. Each class of item is a type of item like shirts or food.

There are two different forms that can be used to trademark a name. The fee for the regular TEAS form is $325 per class of items the trademark is needed for. The TEAS Plus form is $275 per class, although the requirements to use the TEAS Plus form are much stricter. The form must be more complete than a regular TEAS form. Check out the specific guidelines by clicking here.

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