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Author Topic: Trademark for brand name  (Read 670 times)


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Trademark for brand name
« on: 09-01-17 at 06:01 am »

Is my brand name eligible for a trademark?

Robert T Nicholson

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Re: Trademark for brand name
« Reply #1 on: 09-01-17 at 05:33 pm »


A trademark identifies the source of goods or services.  For example, "BandAid brand adhesive strips."

So yes, trademarks are intended to protect brand names.

Trademark rights are acquired through use in commerce.  If you are providing goods or services and using your brand as an identifier, you have already acquired trademark rights.

You gain some additional protection by registering your trademark with with US Patent and Trademark Office (USPTO).

To register a trademark, you need to file an application and pay a small fee.  There are some restrictions on what will be accepted:

  • The trademark not be simply descriptive.  In other words, you could not register "tasty bagels" as a trademark.
  • The trademark must not be confusingly similar to an existing trademark (that is, a similar mark for a similar class of good or services). 
  • The mark cannot simply be a geographic identifier
  • The mark may not be disparaging or offensive

If you have not filed a trademark before, it is a good idea to hire an attorney to search for conflicts, and do the filing.

« Last Edit: 09-01-17 at 05:36 pm by artchain »
This post is provided for information purposes only, and does not constitute legal advice.

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