Q&A for How to Trademark a Name

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  • Question
    Can I trademark a name used for a 4-H project?
    Community Answer
    From what I understand, no, you cannot trademark a name for a 4-H project, as 4-H holds the rights to the project once it has been entered.
  • Question
    How do I make a trademark sign on Windows 7?
    Community Answer
    Alt-0174 (numbers entered on the number pad) is the alt code for that symbol.
  • Question
    Can I obtain a trademark and file it later?
    Community Answer
    Yes, filing for state or federal registration in the USA is completely optional.
  • Question
    Can I trademark a name that contains a combination of words and emoji?
    Upnorth Here
    Top Answerer
    Yes, combination marks are quite common, whether or not they are registered. However, you may need to consider whether a particular emoji is a copyrighted work of creative authorship owned by someone else.
  • Question
    Can I trademark the name and logo for a community service or nonprofit organization?
    Upnorth Here
    Top Answerer
    Yes. Many such names and logos are registered, and you can look them up online for ideas on how to fill out the forms, whether you're registering at the state or federal level.
  • Question
    Can a name be trademarked for future use?
    Community Answer
    Under US laws, only a trademark that is "in use in commerce" can be registered in the USPTO.
  • Question
    Are there separate fees for trademarking a company name, logo, and slogan?
    Upnorth Here
    Top Answerer
    You cannot trademark a company name unless it is used as a brand. All registrations in the US are optional. You can file registrations separately or as a combination, with various trade-offs. A combination brand may be inherently more distinctive and easier to register and enforce than a name or slogan by itself.
  • Question
    How do I protect a name and logo for a non-commercial entity, like an informal advocacy group?
    Upnorth Here
    Top Answerer
    Yes, many non-profit entities protect their name and logo as "membership" trademarks, using the same forms and rules as other trademarks, if they choose to register it.
  • Question
    Can I start a trust to remain anonymous when filing for a trademark?
    Upnorth Here
    Top Answerer
    Many people who want to stay anonymous in trademark ownership file under an anonymous LLC (limited liability company). However, the LLC itself might need to be filed by an attorney as a registered agent of the person seeking anonymity.
  • Question
    Can I trademark my own name?
    Upnorth Here
    Top Answerer
    Technically, a trademark refers to goods or services, membership, or certifications, not a person. Once you use your name to brand one of those in commerce, it is automatically a "trademark" for those purposes.
  • Question
    Can I trademark the name of a group?
    Upnorth Here
    Top Answerer
    Yes, many groups use their name as a trademark for their membership or various goods and services in commerce. You may file to register your brand with a state or federal trademark office.
  • Question
    Can I get a trademark for a phrase?
    Community Answer
    You can certainly try! For example, look at the WikiHow page Trademark-a-Phrase
  • Question
    Can I trademark my organization's name even if I haven't started it yet?
    Upnorth Here
    Top Answerer
    No, your organization name cannot legally be registered as a trademark (in the USA) until it has actually been used on goods or services in commerce. You may file an application for an "intent to use" the name as a brand, reserving your federal trademark rights for up to 3 years or so.
  • Question
    Can I use a trademarked name if it says "deceased" under the registered name?
    Upnorth Here
    Top Answerer
    Under US laws, registration is completely optional, so the expiration of a trademark application or registration may be only one indicator of whether the owner of that brand is still using it and has the legal right to enforce it.
  • Question
    Can I trademark a name? Does it need to be a logo?
    Upnorth Here
    Top Answerer
    A distinctive name can be used as a brand, if it otherwise qualifies. Once you have used it as a brand, under US law, it is a trademark and can also be optionally registered in one or more US states or in the federal US Patent and Trademark Office.
  • Question
    Is enforcement of the singular plural implied? Do I need to trademark both?
    Upnorth Here
    Top Answerer
    Trademark infringement involves the use of a similar brand to create a likelihood of confusion with your existing brand on goods or services. The plural would likely be "confusingly similar", depending upon other factors, such as distinctiveness and the overlap of the respective fields of use.
  • Question
    Can I do a sketch of my logo and make changes to it later, or does it have to be exact now?
    Upnorth Here
    Top Answerer
    You would need to submit a drawing and a sample of how it is being used on your goods, and that part of the application cannot be amended. Any material changes would require filing another application, perhaps losing your priority date to others having filed for registrations of similar brands in related fields.
  • Question
    If I wanted to start my own t-shirt company with my own slogans, do I trademark the slogans or my company?
    Community Answer
    You cannot "trademark a company". You may register its business name, but that is not a trademark.
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