Many businesses overlook the importance of trademarking their name and and logo. Although requirements for the registration of all trademarks are similar, there are minor differences in registering a name as a trademark and trademarking a logo.  If a business has both a name and a logo, separate trademark applications should be filed. Trademarking the logo should be the first priority.

By filing an application with the United States Trademark and Patent Office, a business may trademark a word or words using standard characters or through stylized characters. Stylized word trademarks are a hybrid of both logos and names. A trademarked word or name informs the public of the source or name of the product, the style of the trademark projects the source or name in a fashion similar to a logo. Examples of stylized word trademarks include the stylized trademarks below:.  . 

Businesses needing name or logo protection and specific stylized lettering should file two separate trademark applications. Using the example above, the name “Pepsi” could have trademark protection and another trademark protection for the stylized trademark. The business receives optimum protection because filing for words only is the strongest protection for the words, and filing separately for stylized lettering is the strongest protection for the stylized lettering.

After a business has created a name, performed a trademark search, and sold the product bearing the trademark in commerce, it may file for an actual use application to register the trademark. If the business is waiting to use the the trademark commercially, it will file on an intent to use basis if it has a bona fide intent to use the trademark. The United States Trademark and Patent Office will not register the trademark until it is used in commerce or a bona fide intent to use has been properly shown.

The use in commerce requirement can be shown through the the trademark’s use in connection with products or services. If the name is simply the name of a business or enterprise, it is known as a trade name. If the business trademark and its trade name are the same, that name will be both a trade name and a trademark.  If a business seeks to protect its trade name, it should use that name as a trademark in connection with its goods and services.

During the application process, the applicant must select the applicable goods or services in which the products or services bearing the name are or will be sold or offered. The applicant must also be able to demonstrate that the name can be distinguished from other names.

Once the application is completed and filed, the USPTO examines the trademark to determine whether it is eligible for registration. The application may be opposed by another filer seeking to protect a competing or similar mark. If the applicant business can establish priority of use, they will likely prevail over the the competing filer.

If the name or logo is successfully trademarked, the business will receive protection for its goods or services. The business should be aware that it will not receive optimum protection outside of the specific goods or services listed.   To prevent abandonment of the trademark, the business holding the trademark should continue to use the name in commerce.  Also, the business should monitor the trademark to prevent infringement.

Although the applicant need not be an attorney to file for a trademark, a trademark attorney should be hired to ensure proper compliance.