How to trademark a name or business name #trademark
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Often people ask me how to trademark a name. Names, such as product names or company names are typically protected with trademarks.
My first advice is to ask a patent attorney or an attorney experienced in trademarks to help you with protecting your name as a trademark. But if you want to get a glimpse of what is needed to do this, then here are the most important things to consider:
First of all, you would want to compile all the information you need to protect a name as a trademark. The main three pieces of information would be:
a) The sign (e.g. name or logo)
b) The goods and services
c) The applicant
Goods and services are grouped into so called Nice classes, as you will see in the following example:
If you want to open a dance studio under the name MARIMBA then this information would be
a) Sign: MARIMBA
b) Goods and services: 41: Education, entertainment and sports (including e.g. dance clubs, dance instruction, …); 43: Provision of food and drink (e.g. a bar); 25: headwear; clothing; footwear
c) Your company name and address or personal name and private address
Before protecting a name as a trademark, you find out, whether there are earlier identical or similar trademarks that could cause a conflict. As an example, you do not want to launch a new car under the name of PMW – it would be too similar to BMW. I have a link to a detailed video in the shownotes how to conduct a search for earlier similar trademarks. Once you made sure that there are no conflicting earlier trademarks or company names, then you can actually file your trademark application with the intellectual property office of your country or region.
Many trademark offices nowadays offer to file trademarks using a simple web form. You can navigate there and then enter the information that we compiled above. Once submitted, you can a receipt and the office will then start examining your trademark application.
The trademark gets registered, if the office did not find any formal errors or did not object to the trademark application for other reasons such as descriptiveness of the mark.
Once your trademark is registered, you can use the trademark e.g. to tell other competitors not to use identical or very similar names for the protected services. Or you can issue licenses to your trademark for other dance studio owners and make money that way.
I hope I was able to show you how to protect a name or business name.
Stichworte: Rolf Claessen, Patentanwalt, Freischem & Partner, Patent Attorney
Other useful websites:
IP Fridays - http://www.ipfridays.com (intellectual property podcast)
IP Newsflash - http://www.ipnewsflash.com (intellectual property news portal, free patent PDF download, free patent family search)
Contact Rolf at
Dr. Rolf Claessen
Patent Attorneys Freischem
Salierring 47 - 53 (12th floor)
Telephone: +49 (221) 270 5770
Facsimile: +49 (221) 27057710
Legalese and Disclaimer
You have been watching a video by Rolf Claessen. The views expressed by the participants of this program are their own and do not represent the views of nor are they endorsed by their respective law firms. None of the content should be considered legal advice. This video should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents of this video are intended for general informational purposes only and you are urged to consult your own patent attorney on any specific legal questions. As always, consult a patent attorney.