Question: Can A Name Be Patented?

What happens if someone trademarks your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else.

Most importantly, if you must go to court, you’ll have legal proof that you registered the name.

However, you don’t have to trademark your business name to protect it..

Is it necessary to trademark a business name?

Trademarks are managed by the U.S. Patent and Trademark Office (USPTO). There’s no legal requirement for you to register a trademark. Using a business name can give you ‘common law’ rights, even without formally registering it. … For example, if someone happens to be using your company name as their Twitter handle.

How much does it cost to patent a name?

Filing your application in Canada is reasonably cheap, with the official fee being currently set at $400, although your patent agent will charge a service fee for preparing and filing the application at the Canadian Intellectual Property Office.

How do I protect my business name?

Trademark Your Business Name The most effective way to protect a business name is to register it as a trade mark. A trade mark gives you exclusive legal rights to use your business name in relation to your goods or services or closely related goods and services.

How expensive is a patent?

A basic utility patent, also called a non-provisional patent, will cost between $5,000 and $15,000 to file. USPTO filing fees are $330, the patent search fee is around $540, plus a $220 examination fee, driving up the total cost to over $1,000, not including attorney fees.

To be official, a Trademark needs to be registered with IP Australia. You can Trademark your business name, your company name, your product or service brand name. In addition, you can also protect your logo and tagline as part of your Trademark registration.

Can two businesses have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

You can apply for your trade mark through the IP Australia website. Before you register for a trade mark make sure you know: what goods and services to protect.

Can a name be trademarked?

You may already know that you can trade mark your business’ name to distinguish your goods and services from other traders. … Registering your name as a trade mark authorises you to use your name in association with goods and services, and prevent others from using your trademark without permission.

How do you know if a name is patented?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

How long does a patent last?

20 yearsA U.S. utility patent, explained above, is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.

Can someone use my business name?

This means that it is possible for another person to use your trademarked name, so long as it is in a different context. Note also that if it turns out that someone was already using a similar mark in Canada on product or service similar to yours before your trademark registration, your trademark can be expunged.

How can I tell if a logo already exists?

The Four Steps To Peace: Finding Out If My Logo Is Already TakenStep #1: Search Your Industry For Similar Logos. … Step #2: Do a Reverse Image Search of Your New Logo on Google. … Step #3: Search The US Patent Office For Similar Logos. … Step #4: Consult an Attorney To See If Your Logo Is Already Taken.