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trademark your spa

How to Trademark or Copyright your company identity

Trademark your name
The largest free search engine for trademarks. Register a trademark, trademark a name, trademark a slogan, or trademark a logo.

DOWNLOAD Circular 66

Copyright Registration for Online Works (websites)

Online U.S. Copyright Registration for Websites, Software, E-Books, Source Code, Written Works, Images, Photos, Music, Graphics and More.

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There is more to naming your business than just coming up with something that sounds good and you happen to like. Thought must be given to state and local requirements and making sure you don’t infringe upon the rights of someone else’s business name.

Filing your company name with the U.S. Patent and Trademark Office can be relatively easy, but mistakes will cost you time and money. Although you can file on your own, it's a good idea to hire a trademark attorney or a trademark registration firm. Here's how to trademark your business's name.

  1. Decide whether to file for a trademark yourself, through an attorney or online through a trademark filing service.

  2. Verify that the name you want to trademark isn't already taken. Check with your state's secretary of state and against the U.S. Patent and Trademark Office (USPTO) database (see Resources below). A trademark attorney can handle this procedure for you.

  3. Be aware of companies with similar names, slogans and/or logos. Make alterations to your name before you begin the trademark process. You will need proof that this new altered name is the one you are doing business as (advertising materials work well for this purpose).

  4. Use the U.S. Patent and Trademark Office's Trademark Electronic Application System to submit your application online (see Resources below). The fee you pay will vary based on the applications of your trademark (whether it will be used for goods, services or both). You can choose to sign the form electronically or submit it unsigned and follow up with a hard copy of your signature.

  5. Complete the online form and wait for a response from the U.S. Patent and Trademark Office. The office will e-mail confirmation that they received your application, as well as a serial number you can use to track the status of your request. The waiting time for receiving a trademark can vary from six months to a year.

  6. A quick Internet search can alert you to names similar to yours. Differentiate your company name from similar companies by adding a logo, colors or a different font.

  7. If you don't register your company name with United States Patent and Trademark Office, you will have a hard time stopping a copycat from using it.

    To learn more about registering your trademark name or to apply online, go to the U.S. Patent and Trademark Office Web site. Submit your application online through the Trademark Electronic Application System.

    Search And Registration
    Trade names can be registered through state Secretary of State offices, and for wider marketplace protection, through the U.S. Patent and Trademark Office (USPTO Trademark Search). Businesses should first use the USPTO's online system to search all state and federal trademark registers to see if their proposed name is being used.


What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

Copyright does not protect - names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks.. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.

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