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trademarking a business name?

This may be a long shot, but does anybody have information on how to trademark a potential business name?

I want to see what the process is. I have a name in mind for a potential business I might want to start down the road (after school and everything is done). But, is it possible to "reserve" the name now? Can I pay to own the name now, so that when I can start the business, I already have the name? Or do I have to have a business plan and everything first? I wouldn't want to start planning advertising or other business-y things until I knew what name I'd be able to use. I'm still in the very beginning, "thinking about it, and trying not to get ahead of myself with plans" stage.

Any help, advice, or a point in the right direction would be really appreciated. I've been googling, but I'm not exactly sure what I should be looking for. I figure, if I can ask people who have done it before, I can at least narrow my search a bit. Thank you so much!

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Re: trademarking a business name?

  • In order to obtain a trademark registration, you need to submit a sample demonstrating how the mark is being used, so you would not be able to obtain a registration if the mark is not yet being used.  If you plan on filing for a federal trademark, you can file the application as intent to use, but must submit a sample before a registration would be issued.  You're allowed up to 5, 6 month extensions of time to file the samples showing how the mark would be used.  If you go the federal trademark route, you would probably need a lawyer to help you out with that process.  

     In California, you can also register business names, which I don't know a whole lot about.

    For trademark info in CA:

    http://www.sos.ca.gov/business/ts/

    For Federal trademark info:

    http://www.uspto.gov/

    Ms. A 6/14/07, Mr. C 2/17/09
  • CarFarCarFar member
    Seventh Anniversary
    A trademark is different froma business name. If you have an actual logo etc THAT is a trademark ( and is registered as above) a business name is just registered in the county where you'll do business.
    IMG_1373 Cool Winston
  • I will tell you that trademarking anything is a LONG, tedious process that is a POA. DH has to do this for his work and it like anything when dealing with the government....too much paperwork and a lot of headache.
  • Oh, thank you ladies! I had no idea that a trademark and business name would be different things (see, super newbie!) Basically, I would like to make a stamp or card or something with a design and name that I could attach to the stuff I make as a kind of cute little signature. But, I don't want to find myself in court being sued either. I don't plan on making a living from it, but if people say "Hey, can you make this for me, I'll pay you for it" I want to be able to do that legally. I do want to have some sort of claim over the name and design. I'm going to check out those websites, and look into it more. And if you have any more advice, I'd love to hear it! PS: sorry for the formatting and spelling errors. I'm on my phone and it's a pain in the butt to post and edit.
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