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Q&A for How to Trademark a Name
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QuestionCan I trademark a name used for a 4-H project?Community AnswerFrom 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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QuestionHow do I make a trademark sign on Windows 7?Community AnswerAlt-0174 (numbers entered on the number pad) is the alt code for that symbol.
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QuestionCan I obtain a trademark and file it later?Community AnswerYes, filing for state or federal registration in the USA is completely optional.
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QuestionCan I trademark a name that contains a combination of words and emoji?Upnorth HereTop AnswererYes, 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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QuestionCan I trademark the name I use on social media?Upnorth HereTop AnswererIf you provide goods or services under a distinctive name, it is already an enforceable trademark. You may choose to file for registration in a state or federal trademark office to claim exclusive rights to use it in your specific category, such as entertainment or news.
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QuestionCan a name be trademarked for future use?Community AnswerUnder US laws, only a trademark that is "in use in commerce" can be registered in the USPTO.
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QuestionCan I trademark a five-word slogan? Is there a maximum number of words that can be trademarked?Upnorth HereTop AnswererYes, it's possible to trademark multi-word slogans, such as "Don't leave home without it." There's no specific limit on the number of words, but registration is optional in the US, and the regulations can be vague regarding enforceability.
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QuestionWhat site should I use to trademark a horse's name?Upnorth HereTop AnswererThere is no specific site for registering a trademark for a horse. However, the Jockey Club regulates unique naming for racehorses. For most horses, trademark protection is not available for its name unless it qualifies under recognized categories of "goods or services" in your state or through the federal USPTO.
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QuestionHow do I trademark both a name and its logo?Upnorth HereTop AnswererYou can use and protect your combination name and logo as a trademark once it's used on your goods or services in U.S. commerce. You may also choose to register it as a combination at the state or federal level.
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QuestionWhat qualifies a name as a brand?Upnorth HereTop AnswererA name qualifies as a brand when it is distinctive and used in association with goods or services in commerce. You can also submit an application for registration with your state or the USPTO to obtain legal protection or determine if it is unregistrable in that field.
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QuestionCan I trademark the name of my personal non-profit organization?Upnorth HereTop AnswererAn organization name is not a trademark unless it is used on goods or services. Your non-profit's corporate registration may offer local priority over similarly named organizations. You can enforce your non-profit's brand once used in commerce, prevent others from using a similar brand, and potentially register it with your state or the USPTO.
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QuestionCan I trademark the name and logo for a community service or nonprofit organization?Upnorth HereTop AnswererYes. 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.
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QuestionAre there separate fees for trademarking a company name, logo, and slogan?Upnorth HereTop AnswererYou 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.
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QuestionHow do I protect a name and logo for a non-commercial entity, like an informal advocacy group?Upnorth HereTop AnswererYes, 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.
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QuestionCan I start a trust to remain anonymous when filing for a trademark?Upnorth HereTop AnswererMany 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.
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QuestionCan I trademark my own name?Upnorth HereTop AnswererTechnically, 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.
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QuestionCan I trademark the name of a group?Upnorth HereTop AnswererYes, 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.
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QuestionCan I get a trademark for a phrase?Community AnswerYou can certainly try! For example, look at the WikiHow page Trademark-a-Phrase
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QuestionCan I trademark my organization's name even if I haven't started it yet?Upnorth HereTop AnswererNo, 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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QuestionCan I use a trademarked name if it says "deceased" under the registered name?Upnorth HereTop AnswererUnder 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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QuestionCan I trademark a name? Does it need to be a logo?Upnorth HereTop AnswererA 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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QuestionIs enforcement of the singular plural implied? Do I need to trademark both?Upnorth HereTop AnswererTrademark 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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QuestionCan I do a sketch of my logo and make changes to it later, or does it have to be exact now?Upnorth HereTop AnswererYou 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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QuestionIf I wanted to start my own t-shirt company with my own slogans, do I trademark the slogans or my company?Community AnswerYou cannot "trademark a company". You may register its business name, but that is not a trademark.
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