A trade mark is your registered brand and is used to distinguish your business from other products and services. If you find a trade mark similar to yours which already exists, it may be possible for both trade marks to coexist if the goods and services they relate to are different. Although both trade marks are for the same word, 'soap' and 'chocolate' are considered to be different goods, with a different purpose and sold through different trade channels.
Learn the trade mark basics, explore the options for your proposed trade mark and register, all in one place. If you want exclusive rights to your business name, you'll need to protect it with a trade mark. This will help you:. If you're ready to register your product, find out how to register a trade mark. We acknowledge the traditional owners of the country throughout Australia and their continuing connection to land, sea and community. We pay our respect to them and their cultures and to the elders past and present.
Toggle navigation. Difference between a business name and a trade mark. Article Difference between a business name and a trade mark Article Last Updated: 19 July Registering a business name doesn't give you exclusive rights to it.
Learn the difference between a business name and trade mark and how you can best protect your brand. Submitting a doing-business-as statement with your county or city gives notice to your local area about your business name. Trademarks are obtained from the U. Patent and Trademark Office. Registering your brand name requires submitting a sample of the brand name, an application and fee.
The process is long and because of the legal implications, the use of an intellectual property lawyer is recommended. There are no time limitations to the use of a brand name, except any restrictions that may be regulated at the local level. For example, if your business and brand name are the same and you don't keep your business registered with the state or renew your license, the name will be available to someone else.
Trademark protection is limited to 10 years. It can be renewed between the fifth and sixth year following registration and within the year before the end of every year period by filing an Affidavit of Use. At the end of the sixth or 10th year, there is a six-month grace period in which the trademark registration can be maintained for an additional fee. Leslie Truex has been telecommuting and freelancing since She has been an Aerobics and Fitness Association of America certified fitness instructor since It's important to register your brand name in your home state so that it's protected at the local, city, and state levels.
Trademarked names can only be used by others in "fair use" circumstances. This means that other businesses may use the trademark as long as the ownership of the brand, or name, is not confusing. Limited liability companies, partnerships, or corporations should register at the state level. Filing a "doing business as" DBA statement will help protect the name of your business. This is usually completed at the local level.
The U. Patent and Trademark Office is the governmental agency responsible for issuing trademarks. You'll need to submit:. The process can be lengthy and hiring an intellectual property lawyer is highly recommended.
Currently there are no time impediments on the use of a brand name, excluding any constraints that may be monitored at the local level. For example, if your brand and business name are the same and you forget to maintain your business name with state, your business name will become available for someone else to use. Trademarks are protected for 10 years.
They are allowed to be renewed during the fifth and sixth year after registration, and anytime during the year before expiring by filing an Affidavit of Use.
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