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Informational resources for registering a trademark. Directory of trademark lawyers and other assistance for filing or protecting a business registered trademark.

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Overview of Trademark Law

Trademarks are governed by both state and federal law. Originally, state common law provided the main source of protection for trademarks. However, in the late ...

Trademark - Legal Information Institute

See Qualitex v. Jacobsen Products Co., Inc., 514 U.S. 159 (1995). In recent years , trademark law has expanded to include trade dress and antidilution protection ...

Laws & Regulations - United States Patent and Trademark Office

May 13, 2014 ... U.S. Trademark Law: Rules of Practice & Federal Statute ... Changes in Requirements for Collective Trademarks and Service Marks, Collective ...

United States trademark law - Wikipedia, the free encyclopedia

A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by ...

Trademark Law (BitLaw)

BitLaw's trademark law contains detailed explanations of many areas of trademark law, including searching, registration, applications, oppositions and ...

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Common Law Trademark Rights (BitLaw)

The Common Law Trademarks section of BitLaw discusses the trademark rights granted in the United States bases solely on use of the mark without any ...

Trademark Law - Nolo.com

Okay you came up with a great business name or logo. You want to use it as your company's trademark (or service mark if you offer services).

Treaties and Contracting Parties: Trademark Law Treaty - WIPO

Full text of the Trademark Law Treaty [PDF]; Regulations under the Trademark Law Treaty [PDF]; Model International Forms · Summary; Additional information: ...

Trademark Legal Basics | Trademark Licensing Office

The word trademark or trademark law is frequently used generically to encompass similar identifiers of origin such as service marks, collective marks, ...

American Patent and Trademark Law Center: Patent Attorneys and ...

Registered patent and trademark attorneys at American Patent and Trademark Law Center in San Diego are experts at registering both. We file patents and ...

Trademark law to protect company names and brand identities with ...

Trademark law protects both trademark owners and consumers. It protects trademark owners by preventing competitors from using a trademark to which they ...

Trademark Law Basics - The Thomas Law Firm

What is a trademark? A trademark can be almost anything as long as it helps the consumer identify with the particular product or service. It can be a word, phrase ...

Protecting a Business Name


Do your customers ask for your business by name? If so, you know that choosing a name is more complicated than selecting a catchy moniker. That's because a good name not only describes your business; it also sells it. Protect your business identity and steer clear of the pitfalls of name infringement, including:
  1. Loss of name recognition.
  2. Declining profits.
  3. Customer confusion.

Choose an original name

Browse registered trademarks and Web sites to see if your chosen name is available; be careful not to infringe upon another business' name rights in the quest to establish your own.
Trademark Electronic Search System (TESS) by hitting the "search" button under "Trademark Electronic Business Center". This allows you to browse registered trademarks online. Or, search for similarly named businesses in your area with DexOne.

Register your trade name

If you want to do business under a name other than your own, you must register a fictitious business name, known as a DBA (Doing Business As), with your state or county. Registering a DBA protects your name in your state, but provides little or no national protection.

Register your domain name

Protect your company name by purchasing relevant Internet domains, including any extensions of your standard homepage - .net, .org, .us and .biz - and any variations on it, including misspellings.

Pursue a federal trademark or service mark

Purchasing a federal trademark or service mark grants you maximum protection nationwide. Keep in mind that you generally cannot trademark a company name unless it is used to identify goods or services.
"Basic Facts About Trademarks."

Protect your name online

If someone has registered a domain name that violates your name rights, you can submit a written argument claiming legal rights to the domain.

Enforce your name rights

Watch the marketplace - via phonebook listings, Web sites and word of mouth - for potential violation of your name rights and notify possible offenders if they're improperly using your registered name or mark.
  • Indicate ownership of your business name with a (R) if it's registered as a federal trademark, a (TM) if it's an unregistered trademark and a SM if it's an unregistered service mark.
  • If you plan on incorporating, register your name with your state's secretary of state. Doing so allows you to legally use it, but will not give you exclusive rights to it, except when using it with your corporate designation - Inc., or Ltd., for example.
  • Securing exclusive rights to your business name depends not on registration, but on use.
  • Be able to prove "first-use" by keeping records that document the date you began using your business name.
  • If you do business abroad, you should also register your business name there.