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Can you trademark an organization name?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
Who can be a trademark owner?
When two or more entities come together jointly for the goods or services provided by them, they apply for joint ownership of the trademark of the goods or services provided. Where two legal entities jointly act as a proprietor of a trademark, they are said to be the joint owners of the trademark.
Can I trademark a name without a business?
The Benefits of a Trademark Trademarks are managed by the U.S. Patent and Trademark Office (USPTO). There’s no legal requirement for you to register a trademark. Using a business name can give you ‘common law’ rights, even without formally registering it.
Should I trademark my non profit name?
If your nonprofit plans on doing business beyond your geographic area, you will want a federally registered trademark to secure your brand. Registering a trademark protects it in all 50 states, even if your nonprofit is not currently doing business in every state.
Can a person own a trademark?
A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates etc. As the trademark owner, you must ensure that you control use of the mark and specifically control the quality of the goods or services.
What qualifies for a trademark?
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.
Can a company name be trademarked in the US?
The USPTO is only willing to register business name trademarks that are distinctive. For instance, a general world like “paper” can’t be trademarked. However, a coined or made-up word like Xerox is far easier to own. Even existing words used in unique ways, like “Apple” for computing can be great for trademarks.
Who is the best person to trademark a business name?
Josh Gerben, Esq. is the founder and principal of Gerben Law Firm. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 5,500 trademarks.
Who is presumed to be the owner of a trademark?
A trademark registration gives the owner a number of key advantages – under the law, the owner is presumed to own a protectable trademark and is presumed to be the owner of that trademark.
Can a company cancel a trademark if the owner is not the owner?
One ground for cancelling a registration is that the owner is not, and was not at the time of filing, the rightful owner of the mark. If a company sues a competitor for infringement, but the company’s president owns the mark as an individual, the infringer may succeed in invalidating the mark.