Thus, waiting to file for a trademark after the brand has been established is a bad idea. In conclusion, an entrepreneur shall alwaysremember that the risks associated with not obtaining trademarks at the onset of launching their company or brands, can potentially be detrimental to their business. This web site contains attorney advertising.
Prior results do not guarantee a similar outcome. Username: Password: Remember Me. This bar applies whether or not the celebrity has registered his or her name as a trademark prior to their death. To successfully show a false connection, one must show four elements: 1 the Mark sought to be registered must be a close approximation to another's name or identity; 2 the applicant's Mark must be recognized as uniquely pointing to that other person; 3 the other person must not be connected with the applicant's goods or services; and 4 the other's name or likeness must be sufficiently famous that a connection between them and the applicant would be presumed by the purchaser.
All that being said, it is possible to use your name as a trademark under certain circumstances. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.
Learn More. Free Consultation Trademark Law. Generally, five factors will be considered to determine if acquired distinctiveness must be shown: 1 Whether the surname is rare; 2 Whether the term is the surname of anyone connected with the applicant; 3 Whether the term has any recognized meaning other than as a surname; 4 Whether it has the "look and feel" of a surname; and 5 Whether the stylization of lettering is distinctive enough to create a separate commercial impression.
Contact Us Free Consultation Search Search Search. Trademarks both identify your company as the source of specific goods and provide some legal protection for your branding elements against misuse by others.
For example, you have a right to your trademarked name for selling your office furniture. To establish your trademark and protect your business name, you simply need to start using it to market or brand your goods. There is no additional requirement that you register it.
However, a registered trademark enjoys broader protection, including national rights as opposed to local protection only. The U. Patent and Trademark Office manages trademark registration and applications. Frequently, new business owners seek to obtain copyright protection for their brand name. According to the U. Copyright Office, copyright protection is not available for names, titles, taglines, website domains and the like. You may be able to successfully seek coverage for original artwork that reflects your brand and possibly your business name.
You can also register your copyright online. The necessary forms and instructions, together with a schedule of the fees that accompany copyright protection, can be located at the U. Copyright Office website. First, consider adding location information to the domain.
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