Q&A for How to Trademark a Name

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Can I trademark a name used for a 4-H project?

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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.

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Question

How do I make a trademark sign on Windows 7?

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Alt-0174 (numbers entered on the number pad) is the alt code for that symbol.

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Question

Can I obtain a trademark and file it later?

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Yes, filing for state or federal registration in the USA is completely optional.

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Can I trademark a name that contains a combination of words and emoji?

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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.

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Can a name be trademarked for future use?

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Under US laws, only a trademark that is "in use in commerce" can be registered in the USPTO.

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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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Can I do a sketch of my logo and make changes to it later, or does it have to be exact now?

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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.

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Is enforcement of the singular plural implied? Do I need to trademark both?

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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.

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Question

Can I trademark a name? Does it need to be a logo?

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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.

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Can I use a trademarked name if it says "deceased" under the registered name?

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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.

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Can I trademark my organization's name even if I haven't started it yet?

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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.

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