Understanding the Difference Between Copyright and Trademark

While copyright protects creative works such as books, music, and art, a trademark safeguards brand identifiers like names, logos, and slogans. For entrepreneurs, trademarking protects their business name, ensuring no one else in their industry can use it.

Check for Existing Trademarks

Before applying for a trademark, checking if your desired name has already been taken is important. Here's how to do it:

• Visit the United States Patent and Trademark Office (USPTO) website.
• Use the Trademark Electronic Search System (TESS) to look for existing trademarks.
• Enter your business name to see if it's already registered.

Conducting this search can save you from future legal troubles.

Assess Your Name's Eligibility

Not every name can be trademarked. To ensure your name qualifies, keep these guidelines in mind:

• Distinctiveness: Your name should be unique. Generic terms or common names aren't eligible for trademark protection.
• Non-descriptive: Avoid using names that describe your product or service unless you've used the name long enough to build brand recognition.
• Avoid Confusion: Your name should not sound too similar to an existing brand in your industry, as this could confuse consumers.

Prepare Your Application

Once you've confirmed your name is available and eligible, gather the necessary information for your application. You will need:

• Your business name, address, and contact details.
• A description of the goods or services your name will represent.
• The date you first used the name in commerce.
• If applicable, a digital representation of your trademark, such as a logo.
• File Your Trademark Application

To officially trademark your name, follow these steps:

 1.    Go to the USPTO online application portal.

2.    Choose the type of application: TEAS Plus, TEAS Standard, or TEAS RF. TEAS Plus is the most affordable option for most businesses.

3.    Complete the required sections, ensuring all information is accurate.

4.    Submit your application along with the fee, which typically ranges from $225 to $400, depending on the type of application.

5.    Monitor Your Application

After submitting your application, the USPTO will review it, which can take several months. During this time:

• Check the status of your application regularly.
• Respond promptly if the USPTO requests additional information or clarification.
• If complications arise, consider hiring a trademark attorney to assist.