# Trademarking your buisness name



## Rashid (Feb 28, 2014)

I would like to start a business and want to know if I should spend the money to trademark the name of my business first? 

What would be the pro's and con's of doing it now vs. waiting to do it once I start making a profit.


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## 20vK (Jul 9, 2011)

You can't trademark until you have used the mark in trade.

So you only have one option. Start using it, then trademark it.

Do a search first, (both google and us patent and trademark office) to make sure no one else has used it in your industry. If someone else has, then they have the right to the mark, even if you are subsequently granted the mark. In that case, probably best change your name.


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## Rashid (Feb 28, 2014)

Thanks, I appreciate the advice!


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## binki (Jul 16, 2006)

You can trademark it before you use it but at some point you have to use it.


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## 20vK (Jul 9, 2011)

They ask for proof of use of the mark in trade in the application. If you haven't used it, they won't grant it.


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## binki (Jul 16, 2006)

You can get a provisional.


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## SBM (Aug 2, 2013)

You can file with Intent to Use.


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## 20vK (Jul 9, 2011)

Ahh OK, yes intent to use rings a bell

But the OP should understand that rights to use the mark are still based on who uses it in trade first. Doesn't make a whole lot of sense to me for a small company to publish in a journal their intent to use, either. Just get on and use it!


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## Rashid (Feb 28, 2014)

So I should start selling the apparel with the name I want to use and then go and get the name trademarked once I used it?

In showing proof do I need receipts to show I have sold items or what qualifies as proof of me using the name first?


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## 20vK (Jul 9, 2011)

A photo of the shirt with the hang tag or neck tag. A dated invoice of the sale should do fine if you ever need to prove it


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## winterk80 (Feb 9, 2013)

Unless you plan on going nationwide you should really consider if it's worth the cost. In many states once you register the name no one else can use it in that state. Cost $20 or so.


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## kimura-mma (Jul 26, 2008)

winterk80 said:


> In many states once you register the name no one else can use it in that state.


You are referring to a business registration. That is completely separate from a trademark registration.


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## winterk80 (Feb 9, 2013)

kimura-mma said:


> You are referring to a business registration. That is completely separate from a trademark registration.


You are correct. Sounds like he is wanting to protect his company name registering it is the first step.


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## MoBetta (Jan 26, 2014)

20vK said:


> Ahh OK, yes intent to use rings a bell
> 
> But the OP should understand that rights to use the mark are still based on who uses it in trade first. Doesn't make a whole lot of sense to me for a small company to publish in a journal their intent to use, either. Just get on and use it!



I am also still building the foundation of my business/brand...I have a brand name that I am passionate about but I don't have a back up name that I feel would lucrative or that ppl close to me say they like (would buy if designs are dope) so I would hate if someone stole it ...

Money is low so I am trying to plan my start off expenses but I have been skeptical about not first paying for the trademark before anything else...
For example [ I plan on hiring a graphic designer to design my Logo for a small recruiting tactic to use when building a team, in the process of this 100s of people online can see my brand name or when putting recruiting signs up at Universities, somebody can steal my idea and run with it easily, I don't understand why people always say just go ahead if they feel their idea is special, but I am just starting off]

I guess what I'm trying to ask for is any advice from the experienced or how much the "intent to use" trademark cost , which sounds like what I'm looking for

*Anybodys advice would be helpful
- sorry for long post


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## kimura-mma (Jul 26, 2008)

MoBetta said:


> I don't understand why people always say just go ahead if they feel their idea is special, but I am just starting off


Part of the trademark registration process is to prove that you are using the mark in commerce. You can start the trademark process before you start using it, but you cannot complete the process until after you are using it.

So many people, including myself, advise that you should start using the mark right away. Then you can go through the trademark process.

In the US, "first use" is what determines trademark ownership. So if you start using it, and someone steals it, you can claim ownership by proving you used it first.



MoBetta said:


> I guess what I'm trying to ask for is any advice from the experienced or how much the "intent to use" trademark cost , which sounds like what I'm looking for


The "intent to use" and "already in use" trademark applications cost the same - $275 to file online at United States Patent and Trademark Office. But the "intent to use" will require you to also submit a "statement of use" which costs an additional $100 once you start using the mark. You will not be able to complete the trademark registration without submitting the statement of use. So basically, it costs an extra $100 to file as an "intent to use."


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## Rashid (Feb 28, 2014)

Thanks,

I will make sure I hurry up and start using it, and then apply for the Trademark. It seems like a waste of $100 to go through the "Intent to use".


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## winterk80 (Feb 9, 2013)

Not sure what your intentions are here, but we've been in business for 9 years, non-trademarked. No issues. Now if you think you'll be selling $10 or $25 million a year at some point then I would go ahead and register. If you're like most of us < $5 million a year the likely hood of someone stealing your name is there true, but very unlikely they would spend the time to copy a small company. Talk to a lawyer about your intent is my best advice if you're unsure.



MoBetta said:


> I am also still building the foundation of my business/brand...I have a brand name that I am passionate about but I don't have a back up name that I feel would lucrative or that ppl close to me say they like (would buy if designs are dope) so I would hate if someone stole it ...
> 
> Money is low so I am trying to plan my start off expenses but I have been skeptical about not first paying for the trademark before anything else...
> For example [ I plan on hiring a graphic designer to design my Logo for a small recruiting tactic to use when building a team, in the process of this 100s of people online can see my brand name or when putting recruiting signs up at Universities, somebody can steal my idea and run with it easily, I don't understand why people always say just go ahead if they feel their idea is special, but I am just starting off]
> ...


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## GlorySeeker (Feb 21, 2014)

I filed for mine ahead.And will be using it shortly.Off the subject but if you are gonna get a website you better snatch up that Domain name.Those .coms go quick and people hoard them.


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## Cart110 (Jan 23, 2014)

The Supreme Court has ruled that copyrights no longer need to be filed because the rights to use belong to the original producer. It is very simple to use the circle with the c inside followed by the year 2014 inside of your design to protect words and images except for words commonly used in descriptions. That also would help establish first use.


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## Splatshotz (Jan 1, 2014)

Having a trademark is not always worth the effort. While relatively inexpensive to get, you do have to be prepared to challenge anyone and everyone that infringes upon it. While relatively few infringements occur, the cost to defend it may not be cheap. Also, you have to show that sharing the name creates consumer confusion. I'm also pretty sure that if you don't challenge someone that infringes, you may lose your right to own the mark. That's one of the reasons why the NFL "picks on" anyone that tries to promote "SuperBowl" parties/events. If the NFL ignores the violation, they lose their right to limit the use of the name.

--not an attorney, but wanted to be once. ;-)


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## 20vK (Jul 9, 2011)

Wwf (nature preservation group) waited ages before they took Wwf (wrestling) to court. They won so wrestling had to change its name.

If it's the same industry you can actually claim for lost revenue if you own the trademark and it is infringed upon.


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