USPTO (US Patent and Trademark Office). If your company creates a logo or name that you want to use exclusively, you can attach the TM symbol and this essentially gives you “common law” rights. However, trademarks that are registered with the USPTO enjoy stronger brand protection (see “What are the benefits of registering a trademark?” below)Also keep in mind that in order to claim first use to a name, the name has to be “trademarkable” (i.e. not already in use by someone else) and needs to be in use in commerce. For example, if you think of a cool company name, you will need to actively market and sell a product or service using that company name for your common law trademark to be valid.

How do I know if a name is available for me to use for my company, product, or service?
Before you incorporate or register your business with your state, you’ll need to check the state’s database of company names and make sure the name you want isn’t already in use. Name conflicts are one of the main reasons many LLC, corporation, or DBA applications get rejected. At this point, you should also conduct a USPTO: you can file either directly with the USPTO or have an online legal filing service handle it for you. Expect to pay approximately $400 per class in application fees that your mark would fall under and the process can take anywhere from 6-12 months once you submit your application. It’s also smart to perform a comprehensive trademark search before starting the application process to make sure your name is available (you won’t get an application refund just because your name isn’t available). While the process of registering a trademark is more involved than registering a DBA, rights to your name will be enforced by both the federal and state governments. As you’re getting your company off the ground, remember that your name represents your brand and business, so take the right steps upfront to protect your identity.

Trademark Applications Ready in 48 Hours

• The trademark registration process can require 9 months to several years of processing at the Federal government (USPTO) depending on the complexity of your desired mark and other existing conflicting marks.
• However, Corpnet can prepare your application within 48 hours. After you receive your completed application, you will be responsible for executing the application and for paying any applicable Federal fees.
• Once you execute the application, it is filed with the USPTO (United States patent and Trademark Office). The earlier this “filing date”, the better.