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Can you trademark a business name before you have started your business?

  
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Can you trademark a business name before you have started your business?

Postby fenwick » Fri Mar 02, 2012 2:52 am

You can Trade-Mark or Copyright at copyright.gov. It may cost up to $100s though. There are fees.
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Can you trademark a business name before you have started your business?

Postby ryscford » Fri Mar 02, 2012 2:54 am

a trademark is a mark (a symbol or a name, etc) that is used in a trade -- in commerce. If it is not used in commerce is is not protected.
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Can you trademark a business name before you have started your business?

Postby emilek17 » Fri Mar 02, 2012 2:55 am

If you mean "register a trademark", then the answer is technically no.

However, you can file a federal "intent to use", which reserves your right to LATER start using the trademark in commerce, after which your registration will be issued (assuming it is otherwise qualified). Your registration "relates back" to the application filing date, for determination of priority over anyone who starts using a confusingly similar mark before your registration is issued.

Also, distinguish between your business name, which is NOT a trademark, and your brand which IS a trademark, where your brand may be your business name, but only if you use it on your goods and services. For instance, a business called ACME Holdings may offer goods and services under "Fershluginah Enterprises" brand and the business name would not be a trademark in any sense of the word.

This will be important when you are describing HOW your brand is applied to the goods and services, and the USPTO examiners will reject any "specimen of usage" that appears to be nothing more than your business name on letterhead.

Finally, it is critical that you get the "ownership" of the application correct; whether you personally own the trademark or the company owns it will determine future rights in the file and the right to enforce it.
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Can you trademark a business name before you have started your business?

Postby chadburne48 » Fri Mar 02, 2012 3:03 am

Yes
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Can you trademark a business name before you have started your business?

Postby iomar » Fri Mar 02, 2012 3:06 am

you can only trademark something if it is engaging in trade..... if you havent started engaging in trade then you cant obviously. Unless you have some real good contacts and a bomb of money
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