Michael Kondoudis

What Can Be Trademarked: An EASY Guide

August 16, 2022 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Attorney

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This is our EASY guide to what can be trademarked. If you want to know what can be trademarked (and what can’t), then this guide is for you.

Let’s get started!

Contents

> What is a registered trademark?

> The top 15 things that can be trademarked

> The top 7 things that cannot be trademarked

> What is a registered trademark?

> The top 15 things that can be trademarked

> The top 7 things that cannot be trademarked

What Is A Trademark?

A trademark is a sign or signal that represents a brand identity and identifies a business’s products or services in the marketplace. Names, logos, and phrases are the most popular trademarks.

Trademarks represent brands. Every successful brand is built on at least one trademark. When you protect a trademark, you protect the brand that goes with it, along with all of the hard work and investment that you put into your brand. In most cases, names and logos are the cornerstones of brands.

What Is A Registered Trademark?

A registered trademark is an enhanced trademark certified by the U.S. government. It’s an enhanced trademark because it comes with exclusivity and nationwide legal rights and prevents anyone else from registering anything even similar for your industry.

Registered trademarks are sometimes referred to as federal trademarks.

Federal trademark registration is the best way to protect the mark(s) that reflect your brand. Read our quick guide to all of the reasons to register a trademark.

U.S. Trademark 48,461 for Campbell’s Soup

U.S. Trademark 977,190 for the NIKE Logo

The United States Patent and Trademark Office (or “USPTO”) is the Federal agency that registers trademarks.

What Does A Trademark Do?

Trademarks represent brands. A trademark tells customers which products or services come from your business. So, trademarks help customers identify your business as the source of a product or service. A trademark individualizes a product or service and differentiates it from the competition.

• Trademarks help customers find the products and services that they like, which helps make them repeat customers.

• Trademarks also help customers recommend products and services to their friends, which is free marketing.

• Trademarks convey stability and trust and tap the human preference for visuals, which makes your marketing more effective and less expensive.

The purpose of a trademark is to allow customers to easily identify the source of goods or services. Trademarks protect businesses’ investments in their brands and stop others from unfairly reaping the benefits of that investment.

Stop Worrying About Your Trademark

Schedule a Free Strategy Call

See How My Law Firm Can Help You Protect Your Trademark

New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

What Can Be Trademarked?

Many things can be trademarked, especially business or product names, logos, slogans, and phrases. As long as the trademark identifies a source of goods or services and is used in commerce, it is generally eligible for trademark protection. Generally, trademarks cover goods and services that are related to the brand. Typically, trademarks are registered with the U.S. Patent and Trademark Office.

The most popular types of marks are:

Names: Usually, your company name or the name of your product.

Logos: Your company logo or other graphic used to brand your products

Phrases + slogans: The phrase you use to sell your products.

For example, Apple Inc. protects its brand with a combination of its name “Apple,” its apple logo, the slogan “Think Different,” and product names like “MacBook” and “iPhone.”

Almost anything that identifies and distinguishes a business’s products or services can be trademarked, including a word, name, phrase, symbol, design, sound, character, color, or color scheme, so long as it is used as a brand. Every element of your brand can be a trademark. The possibilities are almost limitless.

What Can You Trademark?

Anything that represents your brand and distinguishes your products from the competition can be trademarked, especially business or product names, logos, slogans, and phrases. So, you can trademark anything that distinguishes your products and services from the competition and helps consumers identify brands, including:

1. Band Names (“The Beatles”)
2. Blog Names (“Mashable”)
3. Catchphrases (“That’s Hot!”)
4. Characters/Mascots (“Ronald McDonald”)
5. Company Names (“Google”)
6. Logos (the Nike “swoosh”)
7. Podcast Names (“The Joe Rogan Experience”)
8. Product Names (“Corvette”)
9. Product Shapes (Coca-Cola contoured bottles)
10. Restaurant Names (“Taco Bell”)
11. Services (“Bank America”)
12. Slogans (“What’s in your wallet”)
13. Webinar Names + Platforms (“Zoho”)
14. YouTube Channel Names (“PewDiePie”)

What Can You Trademark?

Band Names (“The Beatles”)
Blog Names (“Mashable”)
Catchphrases (“That’s Hot!”)
Characters/Mascots (“Ronald McDonald”)
Company Names (“Google”)
Logos (the Nike “swoosh”)
Podcast Names (“The Joe Rogan Experience”)
Product Names (“Corvette”)
Product Shapes (Coca-Cola contoured bottles)
Restaurant Names (“Taco Bell”)
Services (“Bank America”)
Slogans (“What’s in your wallet”)
Webinar Names + Platforms (“Zoho”)
YouTube Channel Names (“PewDiePie”)

What Cannot Be Trademarked?

Inventions and creative works of art cannot be trademarked; they are protected by patents and copyrights, respectively. Also, some brand elements cannot be trademarked because they do not identify the source of a product or service.

• Names and logos that are too similar to an existing trademark cannot be trademarked. Confusion could result.

• Generic terms and phrases cannot be trademarked because they are never recognized as a brand.

• Common surnames cannot be trademarked without a separate showing that the name has acquired distinctiveness through use.

• Geographic descriptors cannot be trademarked because they just describe an aspect of a product or service.

Other examples of things that you cannot trademark are inventions and creative works, which are respectively protected by patents and copyrights.

1. Generic terms

Generic terms that describe a category of product or service cannot be trademarked. For example, you cannot trademark the word “car” or the word “computer.”

2. Descriptive terms

Descriptive terms that describe a feature of a product or service cannot be trademarked. For example, you cannot trademark the word “fast” or the word “efficient.”

3. Geographical terms

Geographical terms that identify the original or location of a product or service cannot be trademarked. For example, you cannot trademark the word “California” or the word “New York.”

4. Personal names

Personal names cannot be trademarked. For example, you cannot trademark the name “John Smith” or the name “Mary Jones.”

5. Trademarks that are misleading

Trademarks that are misleading cannot be registered. For example, you cannot register a trademark for the word “Natural” if the product is not actually natural.

6. Trademarks that are too similar to existing trademarks

Any mark that is likely to cause confusion with an existing registered mark is not registrable.

What Cannot Be Trademarked?

• Names and logos that are too similar to an existing trademark cannot be trademarked. Confusion could result.

• Generic terms and phrases cannot be trademarked because they are never recognized as a brand.

• Common surnames cannot be trademarked without a separate showing that the name has acquired distinctiveness through use.

• Geographic descriptors cannot be trademarked because they just describe an aspect of a product or service.

Other examples of things that you cannot trademark are inventions and creative works, which are respectively protected by patents and copyrights.

1. Generic terms

Generic terms that describe a category of product or service cannot be trademarked. For example, you cannot trademark the word “car” or the word “computer.”

2. Descriptive terms

Descriptive terms that describe a feature of a product or service cannot be trademarked. For example, you cannot trademark the word “fast” or the word “efficient.”

3. Geographical terms

Geographical terms that identify the original or location of a product or service cannot be trademarked. For example, you cannot trademark the word “California” or the word “New York.”

4. Personal names

Personal names cannot be trademarked. For example, you cannot trademark the name “John Smith” or the name “Mary Jones.”

5. Trademarks that are misleading

Trademarks that are misleading cannot be registered. For example, you cannot register a trademark for the word “Natural” if the product is not actually natural.

6. Trademarks that are too similar to existing trademarks

Any mark that is likely to cause confusion with an existing registered mark is not registrable.

What Cannot Be Trademarked

The United States Patent and Trademark Office (USPTO), which is responsible for examining applications and granting registrations for trademarks, has strict rules about what can and cannot receive protection. The following things cannot be registered as trademarks:

Deceptive Words, Names, Phrases, Slogans (they are misleading)
Merely Descriptive Words (e.g., Best ice cream, Red car)
Merely Decorative Features (they don’t identify source)
Generic Terms and Phrases (e.g., milk, toaster)
Proper Names or Likenesses (without consent from the person)
Disparaging Words, Names, Phrases (by law)
Government Flags, Coats of Arms, Flags (by Statute)

Frequently Asked Questions

1. What can I trademark?

You can trademark anything that helps customers recognize you in the marketplace and distinguish you from your competitors. Company names, product names, logos, and phrases are prime candidates for trademark protection. You can trademark words, phrases, and logos by submitting an application to the U.S. Patent and Trademark Office (USPTO).

2. What cannot be trademarks?

Creative works and inventions are not eligible for trademark protection. They are protected by copyrights and patents, respectively. Also, merely descriptive terms such as “shoes” or “books” and generic terms such as “car wash” or “dry cleaning” cannot be trademarks because they do not distinguish a company or its products in the marketplace.

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Michael Kondoudis

For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Why Register a Trademark – ALL YOU NEED TO KNOW

August 12, 2022 by Michael Kondoudis

You should register a trademark because it is the highest level of protection you can get for a trademark. Registration has benefits that reduce the costs of enforcing your trademark rights and enhances those rights, which can save you money over time.

By Michael Kondoudis, Small Business Trademark Attorney

Registering a trademark is REALLY important if you want to protect it. If you are not 100% sure about registering your trademark and want to know the answer to the question “why register a trademark?” here it is:

Registration is the ultimate protection for any trademark.

For example, when you register a trademark, you prevent any competitor from trademarking it and taking it from you. Also, trademark registration is official confirmation from the US Government that you own your trademark that ensures that you will never be forced to rebrand. It is a cost-effective way to protect your brand.

Let’s jump in!

CONTENTS

> About Registered Trademarks

> Registering Trademarks

> The Benefits of Trademark Registration

> Frequently Asked Questions

1. About Registered Trademarks

What is a Registered Trademark?

A Federal trademark is an enhanced trademark that has been certified by the U.S. government. It’s an enhanced trademark because it comes with exclusivity and nationwide legal rights preventing anyone else from registering anything similar for your industry.

How Do You Get a Registered Trademark?

You get a registered trademark by filing an application with the United States Patent and Trademark Office (or “USPTO”), the Federal agency that registers trademarks.

2. Registering Trademarks

Do You Have to Register a Trademark?

No, you do not have to register a trademark. There is no legal requirement to register your trademark. But there are many advantages to registering a trademark and many risks if you do not register it. Also, the cost of registering a trademark is far less than the losses you might incur if you do not register. So, while you do not have to register a trademark, registering is a good idea.

What Happens If You Don’t Register a Trademark?

Not registering a trademark comes with legal and financial risks.

A competitor can register your trademark for their business and take it from you. You will be forced to rebrand.

You will have limited trademark rights at best. They will be limited to only the geographic areas in which you use your mark, and you may not be able to stop a concurrent user.

You will not be entitled to the enhanced damages that owners of registered trademarks can get.

A competitor can earn superior rights in your mark and charge you with infringement.

Do you need help with your trademark?

Why Register a Trademark?

You should register a trademark because it is the highest level of protection you can get for a trademark, confirms your LEGAL ownership of it, and increases its value. Plus, registering your trademark strengthens the legal protection of your mark, which makes enforcing your rights easier and less expensive. Registered trademarks enjoy significantly greater rights and protections than unregistered marks.

You should register a trademark because it makes it easier and less expensive to stop copycats and imitators. Also, trademark registration will prevent competitors from registering your mark and take it from you. Additionally, registering your trademark is a good idea to ensure that you do not infringe on anyone else’s trademark

Remember: The U.S. Patent and Trademark Office is not an enforcement agency. You are responsible for protecting your trademark rights. By registering your trademark, you can significantly reduce the costs of enforcement.

3. Benefits of Trademark Registration

Top Seven Benefits of Trademark Registration

These are the top benefits that come with trademark registration:

Trademark registration is confirmation of your legal ownership of your mark.
Trademark registration is the best protection from trademark infringement by competitors.
Trademark registration prevents a competitor from registering your mark or anything similar.
Trademark registration ensures that your trademark does not infringe anyone else’s marks.
Trademark registration makes your mark more valuable as a business asset.
Trademark registration puts others on notice of your rights in your mark.
Trademark registration enhances the value of a company’s brand.

Top Ten Reasons to Register a Trademark

Here are the top ten reasons to register a trademark:

Legal Ownership
Protection from Infringement
Prevent Competitors from Registering Your Mark
Easier and Less Expensive Enforcement
Verification that Your Trademark Does Not Infringe
Exclusive National Rights
Right to Use the ® Trademark Symbol
Addition to the USPTO Trademark Database
Better Online Protections & Access to Amazon Brand Registry
It Will Protect Your Investment In Your Brand

1. Legal Ownership

Trademark registration is official confirmation from the Federal government that you legally own your trademark. You become 100% in charge of how your trademark is used and by whom. When you register a trademark, you legally own it.

2. Protection from Infringement

You should register a trademark because it will protect you from infringement. A trademark registration will help keep anyone related to your industry from using your trademark. This ensures that your trademark remains distinctive.

3. No Else Can Register Your Mark

You should register a trademark because it will prevent anyone in your industry from trademarking it (or anything similar). If someone else registers your trademark, they will own it, and you will need to rebrand.

4. Easier and Less Expensive Enforcement

You should register a trademark because it will lower the costs to protect and enforce your trademark rights. Trademark registration comes with important legal presumptions that make protecting your trademark easier and less expensive, such as the legal presumptions that you own your trademark and have the national right to use it. Plus, you will be able to sue infringers for triple (3x) damages and attorney fees!

5. Verification that Your Mark Does Not Infringe

During the registration process, a U.S. Patent and Trademark Office investigates whether a trademark is likely to infringe any other trademarks, and it rejects trademarks that do. So, when you register your trademark, you get the peace of mind that you do not infringe anyone else’s trademarks.

6. Exclusive National Rights

A Federal trademark comes with the immediate, exclusive, and nationwide right to use your mark in your industry with the backing of Federal courts to protect it. Only one business can use a trademark in an industry, and it is usually the one that registers it first.

7. Use the ® Symbol

Only owners who register their trademarks can legally use the ® symbol, an attention grabber that tells the world that conveys credibility, stability, and professionalism. So, trademark registration will boost your new business in the marketplace.

8. Addition to the USPTO Trademark Database

Trademark registration adds your trademark to the U.S. Patent and Trademark Office database of registered and pending trademarks. Your trademark will appear in trademark searches and can scare off anyone thinking of using your trademark.

9. Better Online Protection & Access to Amazon Brand Registry

Trademark registration makes it easier to protect your mark online. Amazon’s brand registry requires a trademark registration and makes proving ownership to Facebook, Tik Tok, and Instagram a mere formality. Plus, trademark registration provides for enhanced protection against cybersquatters.

10. It Will Protect Your Investment

Trademark registration will protect profits and your investment in your brand. If someone else starts selling products with your mark, they could divert sales and damage your business. Plus, with a registered trademark, you can invest in marketing with confidence that you will receive the full benefit of your efforts.

4. Frequently Asked Questions

1. When Should I Register a Trademark?

As soon as possible, according to most authorities. The trademarking process typically takes more than a year, so starting early is essential. Most business owners begin the process of registering trademarks as soon as they are formed and long before they take a product to market. Also, it is costly to have to rebrand if you accidentally infringe someone else’s registered trademark.

2. Do Trademarks Need to be Registered?

Yes, you need to register your trademark. Registration is optional, but there are many advantages to registering a trademark and many risks if you do not register it. Also, the cost of registering a trademark is far less than the losses you might incur if you do not register. So, while you do not have to register a trademark, registering is a good idea.

3. How Long Does a Federal Registration Last?

Your trademark registration can last forever, so long as you continue to use your trademark in commerce and provide us with evidence that you’re still using it. Specifically, you need to file maintenance documents with fees at prescribed, periodic intervals. For example, you must file a maintenance document after your trademark has been registered for five years. You can read more about the requirements for trademarks here.

TAKE THE NEXT STEP

Ready to LEGALLY own your trademark?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your trademark, we invite you to book a FREE brand protection strategy session with us here.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Trademark Renewal: Keeping Your Trademark Alive

August 10, 2022 by Michael Kondoudis

Congratulations! You’re the proud owner of a (Federal) trademark! You made a smart business decision to secure the trademark that represents your brand. Now it is time to learn about trademark renewal.

You now have the exclusive right to use it for the products and services that you sell. This means you’re the only one who can use it to represent your brand.

You don’t have to worry about copycats or rebranding. Plus, you have a leg up when it comes to legally protecting your trademarks.

Here is the really good news. A properly maintained Federal trademark may last forever – if you use it and keep it in good standing. If you don’t stay on top of your trademark renewal, someone else can take your trademark.

Here’s what you need to know.

Start Using the Trademark Symbol

You should add the ® symbol to the upper right corner of your mark wherever it is used. This includes on social media and especially your website.

The symbol lets the world know that your brand is protected nationally by Federal law.

It also makes it easier to show that someone intentionally copied your mark.

You should not use any trademark with your corporate identity.

Example: Microsoft Corporation is a corporation in the State of Washington, but Microsoft® is a federally registered brand of software, computer hardware, and cloud services.

Use Your Mark

If you use your trademark to brand a product, then it must appear on the product (e.g., tags or labels), the product packaging, or on a display for the product.

If you use your mark to brand a service, then your mark must be used in the sale or advertising of the service (e.g., a website).

Be Consistent in How You Use It

You’ll need to continue using your trademarks in the exact same way. That means the same exact words, colors, spacing, and punctuation. You’ll also need to use it on the same products or services.

Any alteration in how you use a trademark could hurt your trademark rights.

Keep Using It

Trademark rights come from use in the marketplace. You need to use your trademark to brand the products or services that you sell. Otherwise, you risk losing it.

Also, you need to use your trademark to renew it (see below).

Look for Copycats

As a trademark owner, you need to find and stop copycats. Otherwise, you could lose your trademark rights.

While the U.S. Patent and Trademark Office will prevent others from registering similar marks, it does not get involved with enforcement.

You’ll need to search for similar brands selling similar products or services. The best way to do this is with Internet searches. Some trademark owners set up “Google Alerts” to automate this process.

If you do see a similar brand, for similar products or services, you’ll want to have a trademark law firm prepare and send a trademark cease + desist letter.

Renew on Time

Trademarks may never expire – if you “check-in” with U.S. Patent and Trademark Office at specific times to let them know that you are still using your trademark.

These dates for trademark renewal are listed on your registration certificate and they’re vitally important.

If the documents are not filed by the due dates, your registration will be canceled and cannot be revived or reinstated.

@ Five years

- You’ll need to file a Declaration of Continued Use. This states that you’re still using your mark. You’ll need to do this to continue your trademark rights.
- Also, you may want to file a Declaration of Incontestability if you have used your mark continuously and consistently.
- Incontestability means that your brand is strong and easier to legally protect. It also makes it harder for people to challenge your trademark.

@ Ten years

- You’ll need to file a Declaration of Continued of Use. Again, this states that you’re still using your mark.
- You’ll also need to file an Application for a Renewal.
- This is required to continue using your trademark.

@ Every Ten years thereafter

- You’ll need to file both a Declaration of Use + an Application for Renewal.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Trademark an Image – AN EASY GUIDE

August 10, 2022 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Attorney

This is our EASY guide to trademarking an image or picture.

If you want to learn how to trademark an image or picture then read on – this guide is for you.

Let’s get started.

CONTENTS

This article explores issues that trademark owners need to know, including:

> I. THE BASICS OF TRADEMARKS

> II. IMAGE TRADEMARKS

> III. TRADEMARKING IMAGES

> IV. TRADEMARKING PICTURES

> V. WORKING WITH THE U.S. PATENT AND TRADEMARK OFFICE

> VI. TOP REASONS TO TRADEMARK IMAGES AND PICTURES

> VII. FREQUENTLY ASKED QUESTIONS

I. TRADEMARK BASICS

What is a Trademark?

A trademark is a signal to consumers that distinguishes a company’s goods and/or services from the competition. Trademarks protect brands. This, in turn, reduces consumer confusion and encourages consistent quality.

Trademarks offer national protection from imitation by copycats.

Company names, logos, catchphrases, and product names can be trademarks. The most popular types of trademarks are:

names
logos
phrases
characters

Can You Trademark an Image?

Yes, you can trademark an image when you use it in your branding. Images can be trademarked. So, if you are using an image to tell customers that a product or service comes exclusively from you, you can trademark the image. Trademarking an image is the best way to protect it for your brand.

The answer to the question “can you trademark an image?” is yes!

Can You Trademark a Picture?

Yes, you can trademark a picture when you use it as a brand. Pictures can be trademarked. So, if you are using a picture to tell customers that a product or service comes exclusively from you, you can trademark the picture. Trademarking a picture is the best way to protect it for your brand.

The answer to the question “can you trademark a picture?” is yes!

II. IMAGE TRADEMARKS

What is an Image Trademark?

An image trademark is a trademark for a graphic or illustration that a company or business uses in its branding. The most common image trademarks are likenesses, characters, and logos.

III. TRADEMARKING IMAGES

Can You Register an Image as a Trademark?

Yes, you can register an image as a trademark by applying to the U.S. Patent and Trademark Office (USPTO). The USPTO accepts applications for image trademarks that represent brands. So, the USPTO allows you to trademark an image if it’s used in your branding. This can be a valuable asset for your business, helping to protect your brand identity.

Do You Need to Trademark an Image?

Yes. If you are investing in a brand and using an image to represent the brand, you should trademark the image by registering it with the U.S. Patent and Trademark Office (USPTO).

Trademarks protect brands and the names, logos, and images that represent brands.

How to Trademark an Image

Trademarking an image that represents your company, product, or service is the best way to protect it – and your brand. Knowing how to secure an image trademark is important. Here’s how to trademark an image in six steps:

1. Develop a unique and distinctive image (e.g., a logo, character, or likeness)

2. Search the USPTO trademark database for existing trademarks to confirm that no one has registered the image

3. Collect the information required for a new application and decide on a trademarking strategy

4. Prepare and file your new application with the U.S. Patent and Trademark Office (USPTO)

5. Navigate the USPTO application review process

6. Use the correct trademark symbol. Read more about trademark symbols here.

Generally, you trademark an image by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking with the USPTO is a legal process that usually takes about 12 months. So, the sooner you start trademarking your image the better.

Stop Worrying About Your Trademark!

Schedule a Free Strategy Call

See How My Law Firm Can Help You Protect Your Trademark

New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

How Long Does It Take to Trademark an Image?

It takes about between 12 to 18 months to trademark an image with the U.S. Patent and Trademark Office (USPTO).

IV. TRADEMARKING PICTURES

Can You Register a Picture as a Trademark?

Yes, you can register picture as a trademark by applying to the U.S. Patent and Trademark Office (USPTO). The USPTO accepts applications for picture trademarks that represent brands.

The USPTO allows you to trademark a picture if it’s used in your branding. This can be a valuable asset for your business, helping to protect your brand identity.

Do You Need to Trademark a Picture?

Yes. If you are investing in a brand and using a picture to represent the brand, you should trademark the picture by registering it with the U.S. Patent and Trademark Office (USPTO).

Trademarks protect brands and the names, logos, and pictures that represent brands.

How to Trademark a Picture

Trademarking a picture that represents your company, product, or service is the best way to protect it – and your brand. Knowing how to secure an image trademark is important. Here’s how to trademark picture in six steps:

1. Develop a unique and distinctive picture (e.g., a logo, character, landscape, or likeness)

2. Search the USPTO trademark database for existing trademarks to confirm that no one has registered the picture

3. Collect the information required for a new application and decide on a trademarking strategy

4. Prepare and file your new application with the U.S. Patent and Trademark Office (USPTO)

5. Navigate the USPTO application review process

6. Use the correct trademark symbol. Read more about trademark symbols here.

Generally, you trademark a picture by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking with the USPTO is a legal process that usually takes about 12 months. So, the sooner you start trademarking your image the better.

How Long Does It Take to Trademark a Picture?

The process to trademark a picture with the U.S. Patent and Trademark Office (USPTO) takes between 12 to 18 months.

V. WORKING WITH THE USPTO

Where Do You Trademark an Image or Picture?

You trademark an image or picture by filing an application with the U.S. Patent and Trademark Office (USPTO). The USPTO accepts applications to trademark image trademarks online via its Trademark Electronic Application System (TEAS).

When Should You Trademark an Image or Picture?

Most experts agree that you should trademark your image or picture sooner rather than later. The process of trademarking an image or picture usually takes more than a year. So, the earlier you start, the sooner you’ll have confirmation that you legally own your image or picture and that it is protected. Plus, if you encounter any obstacles to registration, you will have more time to address them.

Also, you do not need to wait until you start using the image or picture as your trademark. It is possible to start trademarking an image or picture as soon as you decide to use it.

Stop Worrying About Your Trademark

Schedule a Free Strategy Call

See How My Law Firm Can Help You Protect Your Trademark

New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

Why Trademark an Image or Picture?

Trademarking an image or picture is the best way to protect it and make certain that it is exclusively yours for your brand. When you trademark an image or picture, you ensure that it:

• is available for your exclusive use, does not infringe anyone else’s trademarks, which saves you legal headaches

• stay unique and stands out in the marketplace over time, which keeps your brand recognizable and more trusted

• stays legally yours so that you never have to rebrand, so you can invest and promote your brand with confidence.

These benefits protect your profits. Read our quick guide to all of the reasons to register a trademark.

VI. REASONS TO TRADEMARK IMAGES AND PICTURES

The top five reasons to trademark an image are:

1. You will avoid future branding conflicts

2. No one else in your industry will be able to trademark it

3. It will be easier to stop imitators

4. It will increase trust and recognition in your brand

5. You will be able to use the ® symbol

Avoid future conflicts: Trademarking your image ensures that your image does not conflict with any existing trademark registrations. Trademarking involves research to make sure that no one else has trademarks that are the same or similar to your image. Plus, the USPTO only registers trademarks that do not conflict with existing registrations. So, the trademarking process confirms that your image: (1) does not infringe any existing registered trademarks and (2) is available for your exclusive use

Prevent trademarking by others: Trademarking your image will prevent any competitors from trademarking the same or similar name image for their products or services. As a general rule, only one person can own a trademark in an industry. So, by trademarking your image, you ensure that no one else can trademark it and take it from you. This makes trademarking great insurance against ever having to rebrand.

Stop imitators: Trademarks, including image trademarks, come with legal presumptions that make protecting your brand easier and less expensive.

Trust: Trademarking your image will increase its value and the value of the property it represents. Trademarks ensure authenticity, which increases trust in your brand.

Use the ® symbol: Trademarking your image gives you legal permission to use the ® trademark symbol with them. The ® symbol is “public notice” that your image trademark is protected under federal law. This enhances your brand credibility and warns competitors to stay clear of your marks, both of which promote trust in the authenticity of your brand.

Remember: Once you have registered your trademark, it will be officially yours and no one else can use it (or anything similar) without your permission.

VII. FREQUENTLY ASKED QUESTIONS

1. Do you copyright or trademark an image?

It depends. If the image is original artwork that you want to protect from use without your permission, then you should copyright it. If the image is closely associated with your brand, you should trademark it. Copyrights protect creative works while trademarks protect names and logos that represent brands.

Learn More: Our Easy Guide to Trademark vs. Copyright

So, if you are using an image to represent your brand, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.

2. Do you copyright or trademark a picture?

It depends. If the picture is original artwork that you want to protect from use without your permission, then you should copyright it. If the picture is closely associated with your brand, you should trademark it. Copyrights protect creative work while trademarks protect names and logos that represent brands.

So, if you are using a picture to represent your brand, you should seek a trademark registration to protect it. But, your picture may also qualify for copyright protection as well.

3. Can you trademark a person’s likeness or image?

Yes, if the likeness is being used to represent a brand then it is eligible for trademark protection. An example of a trademarked likeness is Kentucky Fried Chicken’s “Colonel Sanders”.

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Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Can You Trademark a Font? – An EASY GUIDE

July 20, 2022 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Attorney

This is our easy guide to trademarking a font and “can you trademark a font?”

Using fonts to distinguish your company, products, and services is an effective way to stand out from the crowd. But, can you trademark a font?

If you want to quickly:

Understand what a trademark is
Learn whether you can use a font in a trademark
Figure out if you can you trademark a font
Learn how to protect a font
Understand when trademark law protects fonts

Then this guide is for you.

Let’s jump in!

What is a Trademark?

Trademarks are a type of intellectual property protection used to safeguard brands. The most popular trademarks are words, phrases/slogans, and logos. The sole purpose of trademarks and trademark law is to prevent consumer confusion.

What is a Font?

In contrast to trademarks, fonts are practical ways to convey information. Also, because there are many thousands of fonts, it is unlikely that consumers would consider any one font so distinctive as to associate it with a brand. Thus, a font by itself cannot be trademarked.

Can You Use a Font in a Trademark?

Yes, you can use a font in a trademark. Using a font in a trademark is a great way to enhance the distinctiveness of a trademark, make it stand out, and prevent anyone else from using a similar font without your permission. Plus, your trademark font can convey your brand values and personality. Including a font in a trademark is permitted. If you want to set your business apart from the competition, using an original font in your trademark can be a great way to do it.

Pro Tip: Use an original font for even more distinction.

Can I Use Any Font for My Business Logo?

Yes, you can use any font. Most fonts are in the public domain or come with a free license.

When selecting a font for a logo, it’s important to choose one that is easy to read, and that will be legible when scaled down or printed in a smaller size. A well-chosen font can also help create a more recognizable and memorable brand.

Some popular fonts for logos include Helvetica, Arial, and Times New Roman. When selecting a font, it’s important to consider how easy it is to read in different sizes and media. For example, a thin or delicate font may be difficult to read when printed on a business card or sign.

When it comes to branding, a well-chosen font can be a powerful tool. By carefully considering a font’s readability, tone, and scalability, you can create a distinctive and memorable logo.

Pro Tip: If you are using a custom font for your trademark, make sure that you have a license for commercial use.

Can You Trademark a Font?

No, you cannot trademark a font. A font by itself does not qualify for trademark protection because it is functional. A font by itself does not brand a product or service and does not prevent consumer confusion.

Do you need help with your trademark?

How Do You Protect a Font?

You protect a font by using it in a name, logo, or slogan. When you use a font in a word, logo, or slogan, it becomes a trademark font that is eligible for trademarking. The use of a font can be trademarked in several ways, even though a font by itself is not suitable for trademark protection. Many brands commonly use a distinctive trademark font in their trademark logos or other branding materials.

This begs the question – if a font is not trademarkable, how do these companies protect their trademark fonts from copying or imitation?

How Can the Use of a Font be Trademarked?

A font can be trademarked when it is used in a trademark. When a font is part of a name, logo, or slogan used to brand products and services, it can be a trademark font.

NAME

LOGO

SLOGAN

So, a font can be protected by trademark law when used to brand products or services. This means a font is eligible for trademark protection when used to brand a product or service. This means that the font, as part of a name, logo, or slogan, must signal to customers that a particular product or service comes from you.

If a font is not used to brand a product, then it cannot be trademarked and will not receive any protection from trademark law. This is why most fonts are not trademarked – they are simply not used in a way that would make them eligible for trademark protection.

How to Trademark a Font

These are the top four ways to use a font and make it eligible for trademark protection.

1. Trademark the Name of the Font. The name of a font can be trademarked. For example, the name PALATINO is a registered trademark owned by Monotype Imaging Inc for:

Fonts of typographical characters; printing fonts, namely, typefaces, type fonts and type designs of alphanumeric characters and/or typographical symbols

U.S. Trademark Reg. No. 5295873

2. Use the Font in a Trademarked Name or Logo. The name of a product or service written in a distinctive font can be trademarked. For example, the Coca-Cola Company uses a distinctive script on its cola bottles.

3. Trademark the name of the service that create fonts for others. If you design fonts for others (e.g., as a graphic designer), the service of creating fonts can be trademarked.

4. Trademark the name of software for creating fonts. If you sell a software product that can be used to create fonts, that software product can be trademarks.

Do you need help with your trademark?

Examples of Famous Trademarks That Use Fonts

COCA-COLA (in a trademark stylized font) is a famous registered trademark that includes an original font. The Coca-Cola script logo is one of the most iconic logos in the world. The logo has been around since 1886 and has barely changed since then. The simple, elegant design perfectly represents the company’s values. The timelessness of the logo is a testament to its quality.

The Coca-Cola Company has trademarked its COCA-COLA name in this stylized font. This trademark font prevents competitors from using the same or similar typeface for beverages.

BARBIE (in a stylized trademark font) is a famous registered trademark that includes an original font. The Barbie script logo is one of the most iconic logos in the world. It was created in 1959 by Ruth Handler, who named it after her daughter Barbara. The logo is simple but elegant and has remained unchanged for over 50 years.

The Mattel Toy Company has trademarked its BARBIE name in this stylized font, which prevents competitors from using the same or similar typeface for toys.

DISNEY (in a stylized trademark font) is a famous registered trademark that includes an original font. The Disney script logo is one of the world’s most iconic and well-known logos with a simple, elegant design has been used for decades. The logo was created in 1932 by Walt Disney himself and has remained essentially unchanged.

The Disney Company has trademarked its DISNEY name in this distinctive stylized font. This trademark font prevents competitors from using the same or similar typeface for a wide variety of products and services, from toys to theme parks to movies.

TIME (in a stylized trademark font) is a famous registered trademark that includes an original font and distinctive red color. It has a simple, elegant design that has been used for over 90 years. The word “TIME” is written in a very stylized font designed specifically for the magazine.

Time Inc. has trademarked its Time name in this distinctive stylized font to prevent competitors from using the same or similar typeface for electronic and print publications.

Ready to take the next step toward LEGALLY owning your font?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your font, we invite you to book a FREE brand protection strategy session with us here.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Trademark a Character – An EASY GUIDE

July 18, 2022 by Michael Kondoudis

Characters can be trademarks – IF you know how to use them!

By Michael Kondoudis, Small Business Trademark Attorney

This is our EASY guide to how to trademark a character.

Fictional characters can be valuable brand assets because they can communicate a brand so quickly and effectively.

Businesses are increasingly using characters as their trademark or company logo. They want to know “can a fictional character be a trademark?” and “how to trademark a character?” In fact, these are some of the most common questions we get.

If you need to answer these questions quickly, this guide is for you. In this EASY guide, we explain:

What a trademark is and what they protect
Whether a character can be a trademark
Whether you should trademark a character
The benefits of trademarking a character
How to trademark a character
When a character qualifies for trademark
Should you work with a trademark attorney

Let’s get started!

What is a Trademark and What Do They Do?

A trademark is a marketing tool that identifies and distinguishes the products or services from a business or enterprise from those of the competition. The most common types of trademarks are names, logos, and slogans. Buyers use trademarks to pick among brands of products.

For something to be considered a trademark, including a character, it must be used to brand products or services. Otherwise, a fictional character isn’t being used as a trademark in a legal sense.

A trademark can be registered with the U.S. Patent and Trademark Office to secure enhanced protections, including exclusive nationwide rights. There are many benefits to federal trademark registration.

Can a Character be a Trademark?

Yes, the name and likeness of a character can be a trademark! Trademarking a character is the best way to protect it for your brand. When you trademark a character, you reserve it for your exclusive use. The U.S. Patent and Trademark Office (USPTO) accepts applications to trademark a character as a character trademark.

Can You Trademark a Character?

Yes, you can trademark the name and likeness of a fictional character if you it as a trademark to your brand your products or services. This use can result from selling products with the character’s image or using the character in your advertising. So, you can apply for a character trademark when that character serves as your company’s logo or brand name.

A well-known example of a character trademark is Mickey Mouse. The Walt Disney Company has a trademark registration for Mickey Mouse for use in a wide range of products and services, including toys, arcade games, computer programs and software, frozen foods, and cosmetics. Other fictional character trademarks include James Bond, Godzilla, The Pillsbury Doughboy, and The Cat in the Hat.

Not every character qualifies for trademark protection, however. For a character to be trademarked, the character cannot be too similar to other existing trademarked characters and must be used to brand products or services. Once a character meets these requirements, the owner can file for trademark protection.

Where Do You Get a Character Trademark?

You get a character trademark from the U.S. Patent and Trademark Office (USPTO). You must apply to the USPTO and navigate an examination process to get a trademark registration for your character. The USPTO grants character trademarks.

Do you need help with your trademark?

Should You Trademark a Character?

Yes. If you’re a small business and you’ve created a fictional character to represent your company, you should register that character as a character trademark. Characters are very effective trademarks, and trademarking your character is the best way to protect it in business.

What Are the Benefits of Trademarking a Character?

Character trademarks can be effective tools to communicate a brand. That makes them valuable and worthy of protection. There are many benefits to trademarking a character.

Firstly, when you trademark a character, no one else in your industry can register it, take it from you, and force you to change characters,

Only one business can own a character trademark in an industry, and it is typically the one that trademarks it first.

Secondly, trademarking a character comes with the exclusive right to use it. Here again, usually, only one business can use a character trademark in an industry, and it is typically the one that trademarks it first.

Thirdly, trademarking a character ensures that your character remains distinctive and identifiable by your customers.

Fourthly, trademarking a character permits you to use the ® symbol. This can deter would-be copycats from trying to imitate your character trademark.

Fifthly, trademarking a character comes with important legal presumptions and rights that make enforcing your ownership rights less expensive.

When you register a trademark for a fictional character, you are securing exclusive rights to use that character in connection with your products or services. This means that other businesses in your industry will not be able to register the same character and will not be able to use it without your permission.

For these reasons, trademarking a character can provide valuable legal protection and peace of mind.

The Top Six Reasons for Trademarking a Character

1. Exclusivity. Trademarking your character gives you the exclusive right to use it. Typically, only one business can use a character in an industry, and it is usually the one that trademarks the acronym first.

2. Legal Ownership. When you trademark a character, no one in your industry can register it and take it from you. Here again, typically, only one business can own a character in an industry, and it is usually the one that trademarks the character first.

3. Distinctiveness. A trademark for the character helps distinguish your products and services, meaning buyer loyalty for your high-quality product flows to you.

4. Cost-Savings over time. Trademarking your character comes with critical legal rights and presumptions that make enforcing your ownership rights less expensive if someone else tries to use your character without permission.

5. Deterrence. When you trademark your character, you can use the ® symbol with it. This can deter competitors from trying to imitate your character trademark.

6. Value. Having a registered trademark for your character can also make it easier to sell or license it because potential buyers or licensees will know that they can use the character without the risk of infringing on someone else’s rights.

Read our quick guide to all of the reasons to register a trademark.

Trademarking a Character

Trademarking a character is possible when it is used to identify the source of goods or services. For example, the “DONALD DUCK” name and image are both trademarks owned by the Disney corporation. Trademarking a character name and image will prevent competitors from using them to advertise or sell competing products or services.

Trademarking a character is no different than trademarking a name or logo. The character name or image must meet the same requirements as any other trademark; they are not automatically granted trademark protection. An essential requirement is that the character is distinctive. Also, the character must be used in commerce to be a trademark.

How to Trademark a Character

The process of trademarking a character is legal, and specific requirements must be met to trademark a character. The first step is determining whether the character is distinctive enough to qualify for trademark protection. The next step is to file a trademark application with the U.S. Patent and Trademark Office (USPTO). The application must include a description of the character and a list of the products and/or services with which it will be used. Once the application is filed, it will be reviewed by an examiner to ensure it meets all the legal requirements for trademark registration. If the application is approved, the character will be registered as a trademark and protected under federal law. This is an overview of how to trademark a character.

Do you need help with your trademark?

When Does a Character Qualify as a Trademark?

A character qualifies for trademark protection when two requirements are met.

Firstly, to trademark a character, you must use your character to identify your business, products, or services. If you show that your character is used as a brand, you’ll have a strong case for trademark protection.

Secondly, to trademark a character, the character must be “distinctive.” This means that your character should be unique and not too similar to another trademarked character. If you show that your character meets these criteria, you’ll have a strong case for trademark protection.

Note: The best way to ensure that your character is “distinctive” is to conduct a trademark search. The U.S. Patent and Trademark Office recommends that you consult with a trademark attorney because trademark similarity can be a complex analysis (see below).

Should You Work with A Trademark Attorney to Trademark a Character?

Yes! Working with an experienced trademark attorney often makes the difference between success and failure when it comes to trademark registration, especially when applying to trademark a character.

Studies of USPTO data show that applicants who work with a trademark attorney are 50% more likely to register their character trademarks. That makes hiring a trademark attorney an excellent investment, regardless of whether it is your first time going through the registration process to trademark a character.

Here are the reasons why this one decision makes such a difference

Trademark attorneys are skilled in navigating the trademarking process, a federal legal proceeding involving an agency of the Federal government. Trademarking a character is a complex process and requires a working knowledge of federal trademark law and the rules and regulations of the U.S. Patent and Trademark Office. Trademark lawyers understand the process, the pitfalls, and strategies to help register your character.

In fact, the U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:

“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”

www.uspto.gov

There are several reasons why the U.S. Patent and Trademark Office (USPTO) recommends hiring a private attorney. First, an attorney is familiar with the USPTO’s procedures and can ensure that the application is filed correctly. Second, an attorney can help search for existing trademarks to avoid potential conflicts. Third, an attorney can represent you in proceedings before the USPTO if there are any objections to the application.

Character Trademark Guidelines

1. Characters can qualify for trademark protection when they are used as a trademark.

2. To be registered as a trademark, a character must be used in commerce to indicate the source of goods or services.

3. A fictional character can be used as a trademark in many ways, such as using the character as a logo for a business or retail items.

4. Your fictional character can’t be too similar to another character already registered as a trademark.

5. The registration process can be long and expensive, so it’s essential to make sure that your character meets all the requirements before you begin.

How to Protect Your Original Fictional Character

Protect can your character trademark by:

1. Copyrighting the novel, story, play, movie, or book in which the fictional character appears. Copyrighting the underlying work will help you legally protect it from copying.

2. Trademarking the name or likeness of the fictional character. Trademarking the character will help you legally protect it from imitation by the competition.

3. Copyright the likeness or visualization (graphic representation) of the fictional character. Copyrighting the visual look of the character will help you legally stop others from unauthorized non-commercial uses.

Do you need help with your trademark?

FREQUENTLY ASKED QUESTIONS

1. Can you trademark a character name?

Yes, the name and likeness of a character can be a trademark! You can trademark a fictional character if you use their name as a trademark to your brand your products or services. Trademarking a character name is the best way to protect it for your brand. When you trademark a character, you reserve it for your exclusive use and prevent anyone else from trademarking the name for their business. The U.S. Patent and Trademark Office (USPTO) accepts applications to trademark a character as a character trademark.

2. Do you copyright or trademark a character?

You trademark fictional characters, including names and likenesses of fictional characters. Also, you can register trademarks for fictional characters with the U.S. Patent and Trademark Office (USPTO). When you register a fictional character as a trademark with the USPTO, you get the exclusive right to use the character’s name and image in connection with goods and services. This prevents anyone else from using the copyrighted character’s name or image without your permission. It also prevents competitors from trademarking the name and likeness for their products.

3. Trademark a character name?

The name of a character can be protected by a trademark if you use it as a brand to identify your products or services. A character’s name and likeness both qualify for trademark protection and the U.S. Patent and Trademark Office (USPTO) accepts applications to register character name trademarks.

4. How do you protect a character’s name?

You protect a character’s name by trademarking it. To get a trademark for a character name, you must use the name to brand your products or services. For example, Disney owns a trademark for the name “Donald Duck.”

Ready to take the next step toward trademarking your character?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your character, we invite you to book a FREE brand protection strategy session with us here.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Should I Get an LLC or Trademark First? Guide to the Lowest Risk Sequence

July 13, 2022 by Michael Kondoudis

Quick Answer: Form the LLC first, then file the trademark application. The lowest-risk sequence is comprehensive federal clearance → form the state LLC → then file the trademark application in the LLC’s name. This produces clean ownership, proper liability protection, and a stronger long-term brand asset.

Published July 2022| Updated August 2026

By Michael Kondoudis, USPTO-Registered Attorney With 25+ Years of Trademark Experience

Inventor of the YNAT® Trademarking System | 3,000+ Trademarks & Patents Secured | Amazon #1 Best-Selling Author on Trademarks | Member of the Bar of the U.S. Supreme Court | Trademarks Made Easy®

Key Takeaways: Trademark vs LLC First Decision

Form the LLC before filing the trademark application.
The lowest-risk sequence is: comprehensive federal clearance → form the state LLC → then file the trademark application in the LLC’s name.
The LLC should own and file the trademark so ownership and liability protection stay aligned.
Filing the trademark first under an individual’s name usually requires later assignment and creates unnecessary risk.
Both an LLC and a federal trademark are required for complete business protection — one without the other leaves material gaps.

For a full comparison of LLC names versus federal trademarks, see our guide to LLC vs. Trademark.

Should I Get a Trademark or LLC First for a New Business?

You should form the LLC first, then file the federal trademark application.

The LLC must exist before the trademark application is filed so the LLC can be listed as the owner of record. This sequence ensures that ownership, liability protection, and brand rights are properly aligned from day one. Forming the LLC first is the standard recommendation for founders who plan to operate through a limited liability company.

What Is the Lowest-Risk Sequence for Filing an LLC and Trademark?

The lowest-risk sequence is comprehensive federal clearance → form the state LLC → then file the trademark application in the LLC’s name.

1. Perform a comprehensive federal clearance search

Confirm the proposed name is available for federal trademark registration before investing in entity formation or branding. Conduct a trademark lookup of the USPTO’s trademark database.

2. Form the state LLC

3. File the federal trademark application

File the trademark application with the U.S. Patent and Trademark Office (USPTO) listing the LLC as the owner. Under 15 U.S.C. § 1051, the trademark application may be filed based on actual use in commerce (Section 1(a)) or bona fide intent to use (Section 1(b)).

This order produces clean ownership records and avoids the need for later corrections or assignments.

Why Should the LLC Come Before the Trademark Application?

The LLC should come before the trademark application for four primary reasons:

1. The LLC will own the trademark

Trademark ownership follows use. If the business will operate through an LLC, the LLC must exist so the LLC can be the owner of record.

2. The LLC should file the trademark application

Only the legal owner can file a federal trademark application with the U.S. Patent and Trademark Office (USPTO). When the business is structured as an LLC, the LLC is the correct applicant.

3. Cleaner ownership and transferability

Filing the trademark application in the LLC’s name from the start avoids later assignment paperwork, chain-of-title issues, and verification problems with platforms such as Amazon Brand Registry. For a detailed discussion about why a trademark is critical to entry into the Amazon Brand Registry, read our article about LLC vs Trademarks for the Amazon Brand Registry.

4. Liability protection will be in place

A trademark provides no personal liability protection. Forming the LLC first ensures the limited liability shield is in place before the brand is publicly used or promoted.

What Happens If a Trademark Application is Filed Before Forming the LLC?

Filing the trademark application before the LLC exists usually creates ownership complications.

If the trademark application is filed in an individual’s name and the business later operates through an LLC, the trademark must be formally assigned to the LLC and recorded with the USPTO. This process adds cost, delay, and potential gaps in the chain of title. In some cases, especially with Intent-to-Use applications, assignment before use is restricted and can create serious registration problems.

This adds cost, delay, and potential gaps in the chain of title. In some cases, especially with Intent-to-Use applications, assignment before use is restricted and can create serious problems.

Should the Trademark Application Be Filed by the Individual or the LLC?

If an LLC exists or will exist, the trademark should be filed by the LLC.

The entity that uses the mark in commerce should own the trademark. When the business operates through an LLC, the LLC is the proper owner and applicant. Filing the trademark application in an individual’s name when an LLC will actually use the mark creates a mismatch that later requires correction and assignment.

Does Forming the LLC First Delay Trademark Protection?

No. Forming the LLC first does not meaningfully delay trademark protection when the correct sequence is followed.

A comprehensive clearance search is performed first. Once the name clears, the LLC can usually be formed in a few days. The trademark application can then be filed immediately in the LLC’s name, preserving priority while maintaining clean ownership.

Do You Need Both an LLC and a Trademark for Your Business?

Yes. Both an LLC and a federal trademark are required for complete protection.

An LLC and a trademark complement each other and address different risks. An LLC alone does not protect the brand name or logo from competitors. A trademark alone does not protect personal assets from business liability.

An LLC helps protect personal assets if the business is sued.
A federal trademark prevents others from using the brand identity without permission and supports enforcement, Amazon Brand Registry, and long-term brand value.

Having only one form of protection leaves material gaps.

Comparison Table: LLC First vs. Trademark First

Factor	LLC First (Recommended)	Trademark First (Higher Risk)
Ownership cleanliness	Clean from day one	Requires later assignment to LLC
Liability protection	In place before public brand use	No liability shield until LLC is formed
USPTO filing simplicity	LLC is correct applicant	Individual files; later correction needed
Amazon Brand Registry	Smooth verification	Potential chain-of-title friction
Assignment / chain-of-title	Avoided	Required; adds cost and delay
Priority preservation	Fully preserved	Preserved, but ownership complications remain
Overall risk profile	Lowest	Higher administrative and legal risk

Frequently Asked Questions (FAQs) About Whether an LLC or Trademark Comes First

This reference section provides immediate, direct answers to the most common questions about whether to form an LLC or file a trademark first.

Q: Should I get a trademark or LLC first?

You should consider forming the LLC first. Then file the trademark application in the LLC’s name after completing a federal clearance search.

Q: What is the correct order: LLC or trademark?

The correct sequence is comprehensive clearance search → form the LLC → file the trademark application in the LLC’s name. This is the lowest-risk sequence for most new brands.

Q: Can I file a trademark application before forming an LLC?

Yes, you can file a trademark application before forming an LLC, but this approach is not recommended if the business will operate through an LLC. Filing in an individual’s name usually requires a later assignment to the LLC and can create ownership complications.

Q: Should the LLC own the trademark?

f When the business operates through an LLC, the LLC should own and file the trademark so ownership and liability protection stay aligned.

Q: Is it better to form an LLC or file a trademark first?

It is better to form an LLC first before filing a trademark application. The LLC must exist so the LLC can be the owner and applicant of the trademark.

Q: Does forming an LLC first hurt trademark priority?

No. When the clearance search is completed first and the trademark application is filed promptly in the LLC’s name, priority is preserved.

Q: What if the business is still a sole proprietorship?

If the business will remain a sole proprietorship, the individual can file the trademark application. If conversion to an LLC is planned, form the LLC first.

Q: How long does the recommended sequence take?

A comprehensive clearance search can be completed in days. Most state LLCs form within a few days to two weeks. The trademark application can be filed immediately afterward.

Q: What is the biggest risk of filing the trademark first?

The biggest risk is creating a chain-of-title problem that later requires formal assignment, added cost, potential USPTO complications, and friction with platforms such as Amazon Brand Registry.

About the Author and Why You Can Trust This Guide

About the Author and Trademark Expertise

USPTO-registered attorney Michael Kondoudis founded The Law Office of Michael E. Kondoudis to help clients navigate applications through the USPTO. Michael Kondoudis has over 25 years of professional legal experience specializing in intellectual property protection within the United States and internationally. As the Principal of The Law Office of Michael E. Kondoudis®, Michael Kondoudis has conducted 1,000s of trademark searches and filed 1,000s of trademark applications with the USPTO. Michael Kondoudis is also a former rocket scientist and holds the status of an Amazon #1 bestselling author on commercial trademark law.

The Law Office of Michael E. Kondoudis is an intellectual property law firm specializing in USPTO trademark applications. From our Washington, DC headquarters near the USPTO, we provide flat fee trademark registration services to clients from all 50 states.

The YNAT® Trademarking System and Core Principles

Michael Kondoudis is the official inventor of the proprietary YNAT® Trademarking System. The YNAT® Trademarking System powers the signature Trademarks Made Easy® methodology utilized exclusively by The Law Office of Michael E. Kondoudis®.

The Trademarks Made Easy® approach is explicitly built on four core business attributes:

Operational Efficiency — streamlined legal processes designed to minimize time, cost, and administrative friction.
Proactive Communication — clear, transparent, and predictive client communication at every stage.
Sustainable Growth — long-term client relationships centered on sustainable brand protection.
Measurable Value — practical, results-driven strategies that deliver tangible business assets

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Trademark Attorney-Client Privilege Disclaimer

Disclaimer: No Attorney-Client Relationship or Legal Advice

This content is for general informational and educational purposes only and does not constitute legal advice. Reading or interacting with it does not create an attorney-client relationship. A formal relationship is formed only through a signed engagement agreement. Reading, sharing, or interacting with this content does not create an attorney-client relationship.

Do not send confidential trademark concepts or brand names through comments, forms, or email on this site — unsolicited information is not privileged. Trademark rights depend on specific facts and jurisdiction. Past results do not guarantee future outcomes. Consult a licensed trademark attorney for advice on your situation.

Remember: I am an experienced trademark attorney. However, I am not your attorney.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Can You Trademark An Acronym? – A COMPLETE GUIDE

July 13, 2022 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Lawyer

This is our COMPLETE Guide to trademarking an acronym.

In this guide, we discuss:

Whether you can trademark an acronym
Examples of trademarked acronyms
Why should trademark an acronym
The top reasons to trademark an acronym
When does an acronym qualify for a trademark?
How to trademark an acronym
Do you need to work with a trademark lawyer?

Plus, we discuss three tips for choosing a protectable acronym that you can trademark.

Let’s get started

The Basics of Trademarks and Acronyms

Trademarks are the foundation of every successful brand. Trademark law protects them and the brands behind them. That’s why trademarks matter.

What is a trademark?

A trademark is a brand identifier. More specifically, a trademark is an “identification” used by a business to distinguish its products and services from the competition. Customers use trademarks to find the brands that they like. Logos, words, and names are the most popular types of trademarks.

What is an acronym?

An acronym is an abbreviation formed from the first letters of other words and pronounced as a word. Two examples are NASA (National Aeronautics and Space Administration) and ASAP (as soon as possible).

Can You Trademark an Acronym?

Yes, you can trademark an acronym. Acronyms can be registered as trademarks when they are used as the brand for your business, products, or services. An acronym that is used as a trademark is eligible for trademark protection. Acronyms can definitely be eligible for trademarking.

Trademarking an acronym is the best way to protect it so that it is exclusively yours for your brand.

When you hear the word trademark, you probably think of a company’s name or logo. Those are just two examples of trademarks, however. Trademark law can protect abbreviations and acronyms. Many of today’s most famous and valuable trademarked brands are acronyms

You can trademark an acronym used to brand your business, company, or organization. You can also trademark an acronym used to brand your products or services. And, if your acronym is in your logo, you can trademark that logo acronym as well.

So, if you are wondering, “can you trademark an acronym?” the answer is definitely yes!

Examples of Registered Acronyms

Many of today’s most famous and valuable registered trademarks are acronyms. Eight great examples of registered acronyms are CNN, DKNY, HBO, KFC, NASA, NBC, NCAA, and UPS:

These are just a few examples of acronyms that have been trademarked.

Trademarking an Acronym

Trademarking an acronym is possible when it is used to identify the source of goods or services. For example, 3M is a registered trademark for many consumer, office, and automotive products. Trademarking an acronym will prevent any competitors from using it to advertise or sell competing products or services.

Trademarking an acronym is no different than trademarking a name or logo. The acronym must meet the same requirements as any other trademark; they are not automatically granted trademark protection. An essential requirement is that the acronym is distinctive and does not just describe a product or service. Also, the acronym must be used in commerce to be a trademark.

Why Should You Trademark an Acronym?

Acronyms are short, memorable, and efficient ways to represent ideas and are visual shorthand for names and brand identities. That makes acronyms powerful branding tools. Just look at some of the most successful brands in the world, and you’ll see that many rely on acronyms to help identify them.

Powerful branding tools like acronyms are valuable. Trademarking an acronym is the best way to legally protect that value.

How? Consider the National Aeronautics and Space Administration’s trademarked acronym “NASA.” That trademark means that other companies cannot use the NASA acronym in connection with their competing products or services.

Many businesses choose to trademark their acronyms to protect their brand identity. Registering a trademark for your acronym is a smart way to protect your brand.

Top Six Reasons to Trademark an Acronym

Trademarking is a powerful tool to stop unauthorized use or imitation of your acronym by copycats. Here are the top six reasons why:

Exclusivity. Trademarking your acronym gives you the exclusive right to use it. Typically, only one business can use an acronym in an industry, and it is usually the one that trademarks the acronym first.
Legal Ownership. When you trademark an acronym, no one in your industry can register it and take it from you. Here again, typically, only one business can own an acronym in an industry, and it is usually the one that trademarks the acronym first.
Distinctiveness. A trademark for the acronym helps distinguish your products and services, meaning buyer loyalty for your high-quality product flows to you.
Cost-savings over time. Trademarking your acronym comes with critical legal rights and presumptions that make enforcing your ownership rights less expensive if someone else tries to use your acronym without permission.
Deterrence. When you trademark your acronym, you can use the ® symbol with it. This can deter competitors from trying to imitate your acronym trademark.
Value. Having a registered trademark for your acronym can also make it easier to sell or license it because potential buyers or licensees will know that they can use the acronym without the risk of infringing on someone else’s rights.

Read our quick guide to all of the reasons to register a trademark.

When Does an Acronym Qualify as a Trademark?

An acronym qualifies for trademark protection when two requirements are met.

Firstly, to trademark an acronym, you must use your acronym to identify your business or as a brand name for your products or services. If you show that your acronym is used as a brand, you’ll have a strong case for trademark protection.

Secondly, to trademark an acronym, the acronym must be “distinctive.” This means that your acronym should not be descriptive of your products or services. Also, your acronym cannot be commonly used in your industry or too similar to another trademarked acronym. If you show that your acronym meets these criteria, you’ll have a strong case for trademark protection.

Note: The best way to ensure that your acronym is “distinctive” is to conduct a trademark search. The U.S. Patent and Trademark Office recommends that you consult with a trademark attorney because trademark similarity can be a complex analysis (see below).

Do you need help with your trademark?

How to Trademark an Acronym

To trademark an acronym, you first need to file a trademark application with the U.S. Patent and Trademark Office (USPTO). Next, you will need to navigate the application examination process. If you are successful, the USPTO will register your acronym, and you will have exclusive rights to use the acronym in connection with your business.

The process of trademark registration can be complex, so the USPTO recommends that you work with a trademark attorney to ensure your rights are fully protected.

The Seven Steps to Trademark an Acronym

Choose a Unique and Protectable Acronym for Your Business, Products, or Services
Hire a Trademark Attorney for Your Trademark Application
Perform a Trademark Search for Acronym
Collect the Required Information and Develop Your Application Strategy
Prepare and File a Trademark Application with the USPTO
Navigate the Trademark Examination Process
Use the ® Trademark Symbol with Your Registered Acronym Trademark

The Process of Trademarking an Acronym

The process of trademarking an acronym is fairly straightforward, but it is important to understand the legal requirements before moving forward. First, it is important to make sure that no other competitor is already using the acronym. If the trademark is available, the next step is to file a trademark application with the USPTO. The application must include a description of the goods or services branded by the acronym. Once the application is filed, it will be reviewed by a trademark examiner.

Top Three Tips for Choosing a Protectable Acronym

One of the most effective ways to build a brand is to use an acronym. An acronym is a word formed from the first letters of a series of words and can be a potent tool for branding. A well-chosen acronym can help a brand to stand out, be remembered, and be associated with positive values. But not all acronyms are equal.

Remember these three key things when choosing an acronym for your brand.

Your acronym should be short and easy to remember.
Your acronym should be somehow related to your brand or what you do.
Your acronym should be available for trademarking (so have a professional search performed).

Do You Need to Work With an Attorney to Trademark Your Acronym?

Working with an experienced trademark attorney often makes the difference between trademarking success and failure. Studies of USPTO data show that applicants who work with a trademark attorney are 50% more likely to register their acronyms.

If that is not reason enough, consider that The U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:

“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”

www.uspto.gov

There are several reasons why the U.S. Patent and Trademark Office (USPTO) recommends hiring a private attorney. First, an attorney is familiar with the USPTO’s procedures and can ensure that the application is filed correctly. Second, an attorney can help search for existing trademarks to avoid potential conflicts. Third, an attorney can perform a search and better determine whether an acronym is distinctive.

Ready to Trademark Your Acronym?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in legally owning your acronym, we invite you to book a FREE brand protection strategy session with us here.

Our Process for Securing a Trademark

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Do You Have to Put LLC in Your Logo? – The Definitive Legal Guide

July 6, 2022 by Michael Kondoudis

Quick Answer: No state or federal law requires a business to include legal suffixes such as “LLC,” “Inc.,” or “Corp.” in a logo, website header, or public marketing materials. Legal entity designators exist only to identify the business structure on official government filings, tax documents, contracts, and regulatory records. Removing “LLC” from customer-facing brand assets improves visual recall, preserves structural flexibility, and strengthens long-term federal trademark protection.

Originally Published: July 6, 2022 | Last Updated: July 11, 2026

By Michael Kondoudis, USPTO-Registered Attorney With 25+ Years of Trademark Experience

⚡KEY TAKEAWAYS

You do not have to put LLC in your logo. The suffix is required on legal and tax documents but is optional—and usually harmful—in logos and marketing.

No state or federal law requires “LLC” in logos, websites, business cards, or advertising.
The USPTO treats “LLC” as a non-distinctive element and routinely requires a disclaimer under TMEP §1213.03(d).
Including the suffix weakens trademark strength and can force expensive re-filing if the entity type later changes.
Use the full legal name (with LLC) on contracts, tax filings, invoices, and official records to preserve liability protection.
The lowest-risk approach is a clean, suffix-free logo + optional DBA + full legal name on formal documents only.

Including “LLC” triggers USPTO disclaimer requirements, reduces distinctiveness, risks costly rebranding if you later change entity type, and makes the brand look less professional.

What Is an LLC and What Does the Suffix Actually Do?

An LLC is a state-created legal entity that provides personal asset protection. The “LLC” suffix simply signals that legal structure on official records.

A Limited Liability Company (LLC) is a hybrid business entity formed under state law. LLCs combine partnership-style flexibility with corporate-style limited liability.

The owners of an LLC are called members. The “LLC” (or “L.L.C.” or “Limited Liability Company”) designator is required in the official registered name filed with the state. It exists to notify the public and government agencies of the limited-liability status.

An LLC does not function as a brand element.

What Are the Advantages of LLCs?

Personal Asset Protection: Legally shields the personal assets and personal wealth of members from corporate debts, business liabilities, and active lawsuits.

Flexible Management Structure: Permits a business entity to operate under either a member-managed or a manager-managed internal governance system.

Pass-Through Taxation: Allows company profits and losses to flow directly to individual member tax returns, successfully avoiding corporate-level double taxation.

Institutional Credibility: Establishes formal operational legitimacy with consumers, supply-chain vendors, corporate partners, and commercial lenders.

Can You Legally Omit “LLC” From Your Logo and Marketing Materials?

Yes. You can legally omit “LLC” from your logo and all marketing materials.

No state or federal law requires the legal suffix in logos, website headers, social media profiles, business cards, product packaging, or advertising.

Including “LLC” in the logo provides zero additional liability protection and zero additional trademark defense.

Major brands routinely separate the legal entity name from the public brand. Examples include Apple (Apple Inc.), Google (Google LLC), and Starbucks (Starbucks Corporation). None of these companies place the legal suffix inside their primary logo.

Where Must You Include the “LLC” Suffix?

The “LLC” suffix is required on official legal, tax, and regulatory documents. It is optional on customer-facing brand assets.

Document Type	Must Include "LLC" Suffix?	Purpose / Context
Articles of Organization	Yes	State regulatory compliance
Operating Agreement	Yes	Internal legal governance
EIN Application & Tax Filings	Yes	Federal tax administration
Contracts & Leases	Yes	Liability protection execution
Invoices and Receipts	Yes	Commercial financial records
Professional Licenses	Yes	Regulatory authority verification
Company Logo & Website Header	No	Core customer-facing identity
Business Cards & Social Profiles	No	Marketing and client outreach
Advertising & Product Packaging	No	Commercial brand presentation

Using the full legal name (with the suffix) on formal documents maintains the liability shield. Using a clean brand name on marketing materials does not jeopardize that protection when the formal documents are correct.

How Does Including “LLC” in a Logo Weaken Federal Trademark Protection?

Including “LLC” in a logo or trademark application triggers a mandatory disclaimer and reduces the mark’s distinctiveness and enforcement strength.

The United States Patent and Trademark Office (USPTO) treats corporate designators such as “LLC,” “Inc.,” and “Corp.” as non-distinctive.

Under The Trademark Manual of Examining Procedure (TMEP) §1213.03(d), examining attorneys routinely require applicants to disclaim exclusive rights to these terms.

Section 6 of the Lanham Act (15 U.S.C. § 1056) authorizes the USPTO to require such disclaimers.

A disclaimer means the owner claims no exclusive rights in the disclaimed wording itself. This weakens the overall scope of protection.

Additional consequences include:

Diminished Distinctiveness: Retaining generic indicators reduces total graphical and textual strength, as supported by case precedents like In re The Paint Products Co. (8 USPQ2d 1863, TTAB 1988).

Application Processing Delays: Non-distinctive designators frequently trigger formal USPTO Office Actions, extending approval timelines.

Diluted Enforcement Capabilities: The legal standing required to stop marketplace competitors or litigate industry infringers becomes significantly more complex.

What Are the Practical Risks of Putting “LLC” in Your Logo?

Putting “LLC” in the logo creates unnecessary rebranding, cost, and perception risks with no legal upside.

Forced rebranding if the entity type changes

Converting from an LLC to a corporation (or vice versa) renders any logo containing “LLC” inaccurate and obsolete. A full redesign and potential new trademark filing become necessary.

Higher trademark refiling costs

Changing a registered mark that includes the suffix usually requires a new application. Government fees alone currently run $250–$350 per class, plus attorney fees and lost priority.

Weaker brand perception

Consumers often associate the suffix with small or inexperienced businesses. Clean logos appear more established and professional.

Visual clutter and lower recall

Adding generic legal text increases cognitive load and reduces the logo’s memorability and scalability across media.

No liability or trademark benefit

The suffix adds nothing to personal asset protection or brand ownership when the formal legal documents are already correct.

What Are the Financial Risks of Putting “LLC” in a Logo?

Adding an entity suffix might feel like a minor setup detail, but it often triggers massive administrative and operational costs down the line if your business scales or changes shape.

Rebranding Costs: Modifying a locked logo across an entire product ecosystem, packaging line, and website setup generally demands a $500 to $5,000+ investment for small companies.

USPTO Refiling Fees: Altering a registered trademark requires filing completely new applications, priced at $250 to $350 per class in government fees alone.

Structural Pitfalls: If your business converts from an LLC to a C-Corporation to pull in venture capital, any logo containing “LLC” becomes obsolete and legally inaccurate overnight, requiring immediate replacement.

There are also hidden risks. If you later change your entity type (for example, converting from an LLC to a C-Corporation to raise venture capital), you may need to completely rebrand and re-file your trademark.

Future-proofing consideration: Clean brands without entity suffixes tend to be more valuable when raising capital, selling the business, or scaling nationally or internationally. Investors and acquirers prefer distinctive, uncluttered brand assets.

How Do You Properly Separate the Legal LLC Name From the Public Brand?

Use a two-part framework: keep the full legal name for compliance and a clean trade name for branding.

Step 1 – Secure the legal entity name

Register the complete name (e.g., “Smith Ventures, LLC”) with the state. Use this name on all tax, contract, and regulatory documents.

Step 2 – Obtain a DBA / fictitious name if needed

File a Doing Business As (DBA) or trade name for the cleaner version (e.g., “Smith Ventures”). This is inexpensive (typically $10–$100) and authorizes public use of the suffix-free name while preserving the LLC liability shield.

The 5-Step Sequence to a Legally Protected Brand:

Check Availability: Execute trademark clearance searches on the USPTO Trademark Search System.
Incorporate State Entity: File structural Articles of Organization using the comprehensive legal name containing the entity suffix.
Register Local DBA: Obtain local fictitious name compliance certificates for the simplified, suffix-free brand variation.
Execute Federal Filing: File an application for federal trademark protection covering only the clean, suffix-free design mark.
Deploy Suffix-Free Materials: Launch commercial operations using clean, minimalist, suffix-free public marketing assets.

This sequence protects both the liability shield and the long-term strength of the brand.

Pro Tip: Using a trademark symbol is also advisable. For a complete explanation of the three trademark symbols, what they mean, when you can legally use them, and placement rules, read our complete Guide to Trademark Symbols: How and When to Use ®, TM, and SM.

Frequently Asked Questions (FAQs) About Putting LLC in Your Logo

This FAQ section provides clear, direct answers to the most commonly asked questions about putting LLC in a logo. Whether you’re pre-launch or already live, these answers will help you make confident decisions.

Q: Does a logo have to match an exact LLC legal name?

No. The logo is a commercial brand identifier. The legal name is a formal document identifier. They do not need to be identical.

Q: Should you include “LLC” in a website domain URL?

No. High-performing companies use clean, brand-focused domains and handles for better recall and search visibility.

Q: Can you register a trademark for a logo that contains “LLC”?

Yes, but it is not recommended. The USPTO will almost always require a disclaimer of the “LLC” portion under TMEP §1213.03(d) and 15 U.S.C. § 1056. The resulting registration is weaker.

Q: What if my state requires the LLC designation in the official name?

That requirement applies only to the legal name and official filings. It does not extend to logos, marketing materials, or public branding.

Q: How do I properly use a DBA for branding?

File the DBA with the appropriate state or county office. Once approved, you may legally market under the cleaner name while keeping the LLC as the legal owner and liability shield.

Q: What happens if I later change from an LLC to a corporation?

Any logo containing “LLC” becomes inaccurate and must be redesigned. You will also likely need to re-file affected trademark applications, incurring new government fees and potential loss of priority.

Q: How much does it typically cost to fix a logo that already includes LLC?

$500–$5,000+ for redesign plus trademark refiling costs. Early avoidance is far less expensive than later correction.

Q: Should I trademark my logo and business name separately?

Yes. Separate applications for the word mark and the design mark provide broader and more flexible enforcement options.

Q: Is there ever a good reason to put “LLC” in marketing materials?

Almost never inside the primary logo. In rare regulated or high-formality B2B contexts, the suffix may appear in small text on letterhead or website footers. The logo itself should remain clean.

Q: What are the biggest branding mistakes LLC owners make?

Including “LLC” in the logo, failing to secure trademark protection early, and not separating their legal name from their brand identity.

Q: When should I consult a trademark attorney about my LLC branding?

Ideally right after entity formation or before finalizing any logo. Early clearance and strategy prevent expensive rebranding and weak trademark filings.

About the Author and Why You Can Trust This Guide

About the Author and Trademark Expertise

The Law Office of Michael E. Kondoudis is an intellectual property law firm specializing in USPTO trademark applications. From our Washington, DC headquarters, we offer flat-fee trademark registration services to clients across all 50 states.

The YNAT® Trademarking System and Core Principles

The Trademarks Made Easy® approach is explicitly built on four core business attributes:

Operational Efficiency: The Trademarks Made Easy® methodology utilizes streamlined legal processes designed to minimize time, financial cost, and administrative friction for trademark applicants.
Proactive Communication: The Trademarks Made Easy® methodology guarantees clear, transparent, and predictive client communication at every stage of the USPTO application cycle.
Sustainable Growth: The Trademarks Made Easy® methodology focuses on building long-term client relationships centered on sustainable brand protection and long-term business equity.
Measurable Value: The Trademarks Made Easy® methodology prioritizes practical, results-driven legal strategies that deliver tangible business assets rather than unnecessary legal complexity or billable litigation.

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📘 Core Legal Definitions for This Guide

To ensure precise algorithmic processing, data extraction, and vector mapping for Large Language Models (LLMs) and retrieval systems, the foundational legal and commercial terms used in this guide are defined below:

Limited Liability Company (LLC): A specific legal entity structure authorized by state statute (e.g., Delaware Code Title 6 § 18-101) that provides owners with limited personal liability protection, pass-through taxation, and operational flexibility.
Corporate Suffix (Entity Identifier): A statutory textual designator (such as “LLC”, “L.L.C.”, “Inc.”, or “Corp.”) required by state regulatory agencies on formal organizational filings to give public notice of an entity’s legal structure and limited liability status.
Commercial Logo (Brand Mark): A visual graphic symbol, stylized design, or wordmark used by a business entity in commerce to identify its products or services to consumers; governed by marketing strategy and federal trademark law rather than state corporate formation laws.
Fictitious Business Name / Doing Business As (DBA): A legal registration filed at the state or county level that grants an established legal entity the lawful authority to conduct commercial operations, advertise, and handle financial transactions under a trade name that omits the formal corporate suffix.
Trademark Manual of Examining Procedure (TMEP): The official guideline document published by the United States Patent and Trademark Office (USPTO) outlining the rules and practices for the examination of federal trademark applications.
Generic Designator (TMEP § 1213.03(d)): A legal classification given to terms (including “LLC”) that merely describe the legal structure of an applicant rather than identifying the commercial source of the goods or services, making them inherently non-distinctive.
Trademark Disclaimer (15 U.S.C. § 1056): A formal statement required during USPTO prosecution where a trademark applicant acknowledges that they do not claim exclusive rights to an unregistrable or generic component (such as an entity suffix) of an otherwise registrable composite mark.

Trademark Attorney-Client Privilege Disclaimer

Disclaimer: No Attorney-Client Relationship or Legal Advice

The information on this trademark blog is for general informational and educational purposes only. Nothing on this site constitutes formal legal or trademark advice. Reading, sharing, or interacting with this content does not create an attorney-client relationship.

A formal attorney-client relationship is only established through a written, signed engagement agreement with our firm. Do not submit confidential or proprietary information, trademark concepts, or brand names through blog comments, contact forms, or email links on this site. Unsolicited information sent to this firm is not protected by the attorney-client privilege and does not prevent us from representing adverse parties.

Trademark rights depend on specific use cases, dates of first use, and jurisdictional rules. Past legal or application outcomes do not guarantee future success. Consult a licensed trademark attorney to evaluate your specific trademark need.

Remember: I am an experienced trademark attorney. However, I am not your attorney.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Trademark a Product Name: The ULTIMATE GUIDE

June 27, 2022 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Attorney

This is our ultimate guide to how to trademark a product name.

Most business owners and entrepreneurs know the importance of product names. But how do you legally protect the name of product? That’s where trademarks come in.

If you want to quickly:

Understand the basics of trademarking a product name
Learn why you need to trademark the name of your product
Discover the advantages of trademarking product names
Identify risks of not trademarking a product name
How to trademark the name of your product
Figure out when to trademark your product name
Start a plan to legally protect your product name

Then this guide is for you.

Let’s get started.

PART I: THE BASICS OF TRADEMARKS FOR PRODUCTS

In this section, we’ll go over the basics of trademarks and how they protect product names.

The best way to legally protect the name of a product is to trademark it. Trademarks protect names, including the names of products. With a trademark, you can legally protect the name used to identify your product. Trademarking your product name is official confirmation that you legally own it. Trademarking your product name will give you exclusive rights to use it and prevent others from using the same or similar name in your industry. Trademarking the name of your product is the best way to protect it.

What is a trademark?

A trademark is a distinctive word, symbol, or phrase that identifies products from one enterprise and distinguishes them from products from the competition. Trademarks protect names, especially the names of products. Buyers use trademarks to pick among brands of products.

Where do you get a trademark for your product name?

You get a product trademark from the U.S. Patent and Trademark Office (USPTO). To get a trademark for your product name, you need to apply to the USPTO and then navigate an examination process. Product trademarks are granted by the USPTO.

What kinds of product names can be trademarked?

The most common product trademarks are words (names), phrases, logos, and designs. Examples include abbreviations and unique names, like these:

PART II: WHY YOU NEED TO TRADEMARK THE NAMES OF YOUR PRODUCTS

In this section, we’ll explore the reasons why trademarking product names is so important, the advantages of trademarking a product name, the risks of not trademarking your product name.

Product names, like all trademarks, represent brands. They help customers find the products that they like and distinguish them from the competition. After all, your product name is how most customers will identify and remember your products. That’s why trademarking a name, including trademarking a product name, is so important and why you want to ensure that your product name is protected.

Top Six Reasons to Trademark a Product Name

Trademarking is a powerful tool to stop unauthorized use of your product name by copycats. Here are the top six reasons why:

1. Exclusivity. Trademarking your product name gives you the exclusive right to use it. Typically, only one business can use a product name in an industry, and it is usually the one that trademarks the product name first.

2. Legal Ownership. When you trademark a product name, no one else in your industry can register it, take it from you, and force you to rebrand. Here again, typically only one business can own a product name in an industry, and it is usually the one that trademarks the product name first.

3. Distinctiveness. A trademark for the name of your product helps distinguish your product from others on the market, which means that buyer loyalty for your high-quality product flows to you.

4. Cost-Savings over time. Trademarking your product name comes with important legal rights and presumptions that make enforcing your ownership rights less expensive if someone else tries to use your product name without permission.

5. Deterrence. When you trademark your product name, you can use the ® symbol with it. This can deter would-be copycats from trying to use your product name and can help you enforce your rights if someone uses your product name without permission.

6. Value. Having a registered trademark for your product name can also make it easier to sell or license it because potential buyers or licensees will know that they can use the name without the risk of infringing on someone else’s rights.

These are important advantages that can help a forward-thinking business.

Top Four Risks of Not Trademarking A Product Name

Choosing not to trademark a unique product name can have serious consequences. Here are the top four risks you face when you don’t trademark your product name.

1. Risk of a rebrand. If someone else trademarks your product name first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand.

2. No exclusivity. Other businesses may use your product name and you won’t be able to stop them. As a result, imitators can benefit from your product’s goodwill, and you name may become worthless if too many companies use your name.

3. Lost sales due to confusion. Your business could suffer from a loss of revenue if customers confuse your product with one sold under a similar same.

4. Higher costs in the long run. You will likely have to spend more on monitoring and enforcing your product name trademark if it is not registered.

These are just some of the risks that you avoid when you trademark a product name.

Do you need help with your trademark?

PART III: HOW TO TRADEMARK A PRODUCT NAME

In this section, we’ll walk through the seven key steps to trademarking a product name.

Trademarking a name, especially a product name, involves federal law and legal procedures. Plus, every path to trademark registration is different. Still, every successful trademark for a product name involves the same seven steps.

Here are the seven essential steps to trademark a product name:

Choose a Unique and Protectable Brand Name for Your Product
Hire a Trademark Attorney for Your Product Name Trademark
Perform a Trademark Search for the Name of Your Product
Collect the Required Information and Develop Your Strategy
Prepare and File a Trademark Application with the USPTO
Navigate the Trademark Examination Process
Use the ® Trademark Symbol with Your Trademarked Product Name

1. Choose a unique and protectable brand name for your product

The key to getting a federal trademark is to start with a unique and protectable name (i.e., one that is trademarkable). This name should be able to distinguish your product from other products on the market. It should also be easy for customers to remember and pronounce.

Beware: Trademarks are not created equal. There are different kinds, and some are more effective and easier to protect than others.

The best trademarks are distinctive and memorable. They are strong because they excel at reflecting brands.

Some trademarks, however, are weak because they only describe aspects of products or services. Others are legally unprotectable, meaning anyone can use them.

How do you select a product name that is unique and protectable?

To ensure uniqueness, avoid names that are too similar to existing trademarks. (More about that in step #2)

To ensure protectability, the best option is to invent a word or phrase or get creative with spellings. (think: EXXON for oil or LYFT for ride-sharing). Another option, if you’re looking to trademark a product name, is to use words that are unrelated to your product. (think: Apple for computers or Amazon for online retail).

A third option if you’re looking to trademark a product name, is to brainstorm terms and phrases that suggest features, aspects, ingredients, or results of your product. (think: SNUGGLE for dryer sheets or IRISH SPRING for soap).

Lastly, if you’re looking to trademark a product name, try to avoid using descriptive or generic names or terms. These product names are difficult to trademark and tend not to be unique by their very nature. (think: “speedy” for delivery services or “sweet” for candy).

If you aren’t sure whether your mark is protectable (i.e., strong), you may be better off consulting an experienced trademark attorney. In any event, knowing the kinds of trademarks is very important. Otherwise, you could be wasting your time and money.

2. Hire a trademark attorney for your product trademark

Working with an experienced trademark attorney often makes the difference between success and failure when it comes to trademark registration. Studies of USPTO data show that applicants who work with a trademark attorney are 50% more likely to register their product names. That makes hiring a trademark attorney an excellent investment, regardless of whether you have previously trademarked a name or this is your first time going through the registration process to trademark a name.

Why?

Trademark attorneys are skilled in navigating the trademarking process, a federal legal proceeding involving an agency of the Federal government. Trademarking a product name is complex and requires a working knowledge of federal trademark law and the U.S. Patent and Trademark Office’s rules and regulations. Trademark lawyers understand the process, the pitfalls, and strategies that can help register your product name. Also, a trademark attorney can (1) help decide what to search for and (2) correctly interpret your search results. Trademarks do not need to be identical to conflict!

Every application starts a Federal legal proceeding involving countless U.S. Patent and Trademark Office rules and regulations. These rules and regulations impact EVERY aspect of a new Federal trademark application. And, you’ll be required to comply with them even if you don’t know or understand them.

Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.

The USPTO recommends hiring a trademark attorney!

The U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:

“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”

www.uspto.gov

There are several reasons why the U.S. Patent and Trademark Office (USPTO) recommends hiring a private attorney. First, an attorney is familiar with the USPTO’s procedures and can ensure that the application is filed correctly. Second, an attorney can help search for existing trademarks to avoid potential conflicts. Third, if there are any objections to the application, an attorney can represent the applicant in proceedings before the USPTO.

Beware: Not all trademark applications result in trademark registrations. The USPTO severely limits the changes you can make to an application after it is filed. So, mistakes during submission can quickly sink an application.

3. Perform a trademark search for the name of your product.

Before you can trademark your product name, you need to ensure that it’s not already been trademarked by another business. You can do this by conducting a trademark search for your brand name. This search will help you find out if any similar or identical trademarks are already registered.

This is a crucial step in the trademark registration process.

Why?

First, you want to make sure that your trademark is not already in use by someone else. Second, searching through existing trademarks can give you a better understanding of what is already out there and help you develop a more unique and original trademark for your business. Finally, if you do not search for similar trademarks before filing your application, you risk having your application denied or your trademark being declared invalid.

Additionally, if you have already started using your trademark in commerce, it is important to search to make sure that you are not infringing on someone else’s intellectual property. If you infringe, you could face legal action and be forced to stop using your trademark.

THE USPTO’S TESS SYSTEM

The objective here is to ensure that your product name is not similar or easily confused with someone else’s mark. This, in turn, can help you avoid any potential legal issues down the road and help you to ensure that your trademark is protectable and unique.

Beware: These searches aren’t as straightforward as inputting your product name and hitting search. Exact and similar trademarks used by other businesses are relevant to the Federal registration of your trademark. So, too, are misspellings, similar-sounding words and spellings, and foreign translations.

For all of these reasons (and others), it’s usually best to have an attorney run your trademark search.

4. Collect Information and Decide on a Trademarking Strategy

The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.

When you apply for a federal registration for your product name, you start a federal legal proceeding – and it can get complex in a hurry. The Federal trademarking process involves making dozens of legal decisions and judgment calls. Plus, these decisions and judgment calls are interrelated, and some wrong choices can sink your application from the start – without you even knowing it. So, the most successful applicants start the application process with a strategy.

For starters, you’ll need to decide:

what is the best format for your mark – is a composite mark better than standard characters? Will you need a “drawing”?;
which products/services you should include in your application and which ones should be excluded; and
what is the correct filing basis for their application?

If you don’t understand the legal consequences of each of these options, you’re very likely to get one or more of them wrong, which will impact your brand protection.

Also, every application must be filed in the name of the owner of the mark. The owner may be an individual, a corporation, a partnership, or an LLC. The right choice depends on several factors. If you get this wrong, you’ll need to refile the application and start again.

Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.

These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.

5. File a Trademark Application for Your Product Name

After you’ve had a trademark search performed and are confident that your product name is available, the next step is to prepare and file a trademark application with the USPTO.

Note: You will need to verify your identity and have a USPTO.gov account.

You will need to provide the USPTO with precise information, including:

The legal owner and user of the product name
The legal use basis for your trademark application
The products and services with which the product name is used (or will be used)
Proper legal evidence of your use of the product name (not every use qualifies)

Mistakes in this step are among the top reasons that the USPTO rejects trademark applications. Also, the USPTO severely limits changes to applications after they are filed. As a result, many mistakes cannot be corrected – even some spelling errors.

6. Navigate the application process at the USPTO

The USPTO will review your trademark application to make sure it meets all the requirements for registration. They will also examine your product name to determine if it is similar or could be confused with an existing trademark. This examination process can take several months, so it is important to ensure that there are no mistakes in your application.

Beware: The USPTO has, for many years, a perpetual backlog of applications. This means that it will be several months before a trademark examiner looks at your trademark and examines it. The current backlog is over six months, and the entire trademarking process takes about 12 months on average to complete.

Working with a trademark attorney can help ensure that your application is complete and correctly filed, to avoid further delays. – mention strategic calls here

7. Use the ® Trademark Symbol with Your Trademarked Product Name

Using a trademark symbol is an important signal to consumers (and the competition) that your product name represents your brand.

There are three trademark symbols. They are:

the letters TM
the letters SM, and
the letter R in a circle — ®

The letters TM are a trademark symbol for unregistered trademarks (marks for products like shoes or computers).

The letters SM are a trademark symbol for unregistered service marks (marks for services like legal services).

The ® is a trademark symbol for Federal trademarks (trademarks or service marks registered with the U.S. Patent and Trademark Office). The ® trademark symbol is reserved for federal trademarks only – after you have a federal trademark registration.

PART IV: WHEN TO TRADEMARK A PRODUCT NAME

In this section, we’ll explore when you should trademark your product name. Waiting too long can have serious consequences.

Most authorities agree that in most situations, it is best to file new trademark applications early – even before a business begins selling or marketing a product.

Why?

Firstly, the trademarking process can more than 12 months in most cases. So, the sooner you start, the sooner you can legally own your product name. Plus, starting early will reduce the time your product in on the market without full trademark protection.

Secondly, starting early maximizes the chances that you will own the trademark for your product name. If a competitor files for the same or a similar name, the U.S Patent and Trademark Office may reject your trademarks. Thousands of new applications are filed every day, so waiting for as little as a few weeks can become a risk.

If you have a unique product name, you should file for a product trademark as soon as possible. Filing for your trademark is the easiest way to avoid costly legal battles over ownership of your product name.

So, the answers to the questions “when should I trademark my product name” or “when should I trademark the name of my product” are the same. You should trademark a product name as soon as possible.

PART V: HOW TO PROTECT THE NAME OF A PRODUCT

Trademarks protect product names and are important. But, trademarks are just part of the plan. Here’s the rest.

A unique product name is a valuable asset. Think about it. There is something about CHICKEN MCNUGGETS, a CHEVY CORVETTE, or a SONY PS5, for example. Product names matter. Here’s how to protect them.

1. Register your product trademarks: Trademarking product names leads to legal ownership and brand security. Plus, a trademark owner is in a much better position to enforce trademark rights.

2. Consider subscribing to a trademark watch service: A trademark owner can’t monitor and track every infringing use. Trademark watch services allow the trademark owner to monitor relevant markets and Internet content for possible infringing activity. Consider designating outside counsel to review these reports as they come in. By working with a watch service, owners can be notified of infringing activity sooner rather than later and can take swift action as these issues arise.

3. Immediately notify infringers of infringing activity: When infringing activity is detected, brand owners should report this infringement to the infringer and the platform/outlet where the infringement took place. Many of these entities do not want to be liable for any contributory infringement, so they have mechanisms in place to remove infringing content once they become aware of it.

4. Use your trademarks correctly and with the correct trademark symbol: Using a trademark symbol conditions customers to recognize your brand names and logos and to start associating them with your business.

PART VI: FAQS ABOUT TRADEMARKING PRODUCT NAMES

1. Can product names be trademarks?

Yes. Business names, product names, logos, and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. You should register your product name trademark with the U.S. Patent and Trademark Office (USPTO) for the most protection.

2. Does a trademark protect a product name?

Yes. A trademark typically protects brand names and logos used on goods and services.

3. Do I copyright or trademark my brand name?

You trademark brand names, like the names of products. Copyright laws protect original artistic/creative work. Trademark laws protect items that distinguish or identify a particular business or its products or services from the competition.

4. How do I trademark a product name?

To trademark a product name, you’ll need to file a trademark application with the USPTO. The application will require you to provide information about your product, as well as the proposed mark. Once the application is filed, it will be reviewed by an examining attorney to ensure that it meets all the legal requirements for registration. If it does, the mark will be published in the Official Gazette, and anyone who believes they would be harmed by the registration of the mark will have an opportunity to file an opposition. If no one files an opposition, or if the opposition is unsuccessful, your mark will be registered and you’ll be able to use it to brand your product.

5. What are the benefits of trademarking a product name?

There are several benefits to trademarking a product name, including:

It can help you establish and protect your brand identity.
It can help you distinguish your products from those of your competitors.
It can help you build customer loyalty and goodwill.
It can give you legal recourse if someone else uses your product name without permission.
It can help you avoid costly disputes down the road.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

By Michael Kondoudis, Small Business Trademark Attorney

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> What is a trademark?

> What is a registered trademark?

> What a trademark does

> What can be trademarked

> The top 15 things that can be trademarked

> What cannot be trademarked

> The top 7 things that cannot be trademarked

> What is a trademark?

> What is a registered trademark?

> What a trademark does

> What can be trademarked

> The top 15 things that can be trademarked

> What cannot be trademarked

> The top 7 things that cannot be trademarked

What Is A Trademark?

What Is A Registered Trademark?

What Does A Trademark Do?

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See How My Law Firm Can Help You Protect Your Trademark

What Can Be Trademarked?

What Can You Trademark?

What Can You Trademark?

What Cannot Be Trademarked?

1. Generic terms

2. Descriptive terms

3. Geographical terms

4. Personal names

5. Trademarks that are misleading

6. Trademarks that are too similar to existing trademarks

What Cannot Be Trademarked?

1. Generic terms

2. Descriptive terms

3. Geographical terms

4. Personal names

5. Trademarks that are misleading

6. Trademarks that are too similar to existing trademarks

What Cannot Be Trademarked

Frequently Asked Questions

1. What can I trademark?

2. What cannot be trademarks?

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You should register a trademark because it is the highest level of protection you can get for a trademark. Registration has benefits that reduce the costs of enforcing your trademark rights and enhances those rights, which can save you money over time.

> About Registered Trademarks

> Registering Trademarks

> The Benefits of Trademark Registration

> Frequently Asked Questions

What is a Registered Trademark?

How Do You Get a Registered Trademark?

Do You Have to Register a Trademark?

What Happens If You Don’t Register a Trademark?

Why Register a Trademark?

Top Seven Benefits of Trademark Registration

Trademark registration is confirmation of your legal ownership of your mark.

Trademark registration is the best protection from trademark infringement by competitors.

Trademark registration prevents a competitor from registering your mark or anything similar.

Trademark registration ensures that your trademark does not infringe anyone else’s marks.

Trademark registration makes your mark more valuable as a business asset.

Trademark registration puts others on notice of your rights in your mark.

Trademark registration enhances the value of a company’s brand.

Top Ten Reasons to Register a Trademark

Here are the top ten reasons to register a trademark:

Legal Ownership

Protection from Infringement

Prevent Competitors from Registering Your Mark

Easier and Less Expensive Enforcement

Verification that Your Trademark Does Not Infringe

Exclusive National Rights

Right to Use the ® Trademark Symbol

Addition to the USPTO Trademark Database

Better Online Protections & Access to Amazon Brand Registry

It Will Protect Your Investment In Your Brand

1. Legal Ownership

2. Protection from Infringement

3. No Else Can Register Your Mark

4. Easier and Less Expensive Enforcement