HOW TO PATENT A NEW NAME: Free Tips & What You Need to Know

How to patent a name
Image Credit: Alatis

When you have a new product, you want to ensure you have the sole right to sell and profit from it. One way to do this is to patent the name of your product. This gives you the legal right to stop others from using the same name for their products. However, If you’ve ever wondered how to patent a name for your business and design, whether in Texas, etc., you’re at the right place, as we’ve simple and free steps for you. This post will guide you through all the processes you need to protect your brand identity legally. So keep reading!

An Overview Of A Patent

A patent is a legal document that gives its owner the right to exclude others from making, using, or selling an invention for a certain period, usually twenty years. The patent rights are granted in exchange for extensive invention disclosure.

Patents are a highly technical area of the law, and the rules governing patents and patentability are complex and change frequently. There are three types of patents: utility patents, design patents, and plant patents. 

  • Utility patents are the most common patent and are for new and useful inventions, such as machines, processes, and chemical compositions. 
  • Design patents are for new, original, and ornamental designs of products. 
  • Plant patents are for the invention, discovery, and asexual reproduction of a new and distinct plant species.

Furthermore, to obtain and maintain a patent, inventors must file a patent application with the United States Patent and Trademark Office (USPTO) and follow all of the necessary procedural rules. The USPTO is the federal agency responsible for granting and overseeing the patent system. In addition, the application must include a description of the invention, called the specification, and one or more claims. The claims define what the invention is and what is protected by the patent.

How To Patent A Name

Patenting a name is a process of ensuring that nobody else can use your company or product name for their own business. It’s a way of legally protecting your brand identity. The process can be expensive and time-consuming, but it’s worth it to safeguard your business. Here are free steps on how to patent a name, whether for business, design, at any location, in Texas, etc.

#1. Choose a unique name:

The first step to patenting your name is to ensure it’s not already in use. You can search online to see if there are any other businesses with a similar name. For instance, you can search the US Patent and Trademark Office’s database to see if anyone has registered the name. If there are, you’ll need to come up with something else. 

#2. Choose the right category:

There are two main categories of patents: trademarks and service marks. Trademarks are for products, while service marks are for services. Hence, the term “trademark” is often used in a general sense to refer to both trademarks and service marks. If you’re not sure which category your name falls into, you can consult with a patent attorney.

#3. File your application:

The third step is to file your application with the US Patent and Trademark Office. This can be done online or by mail. It is a complex process, so it’s advisable to have all your paperwork in order. You must include a few things in your application, such as the product description, the date you first started using the name, and your contact information.

After the application, you pay the filing fee and wait for the USPTO to review your application. It takes time, but if they approve your application, you will receive a trademark registration and use the symbol next to your product’s name to show that it is trademarked. That’s, if someone challenges your patent, you can prove that your name is unique and worth protecting.

Notwithstanding, patenting a name is a great way to protect your business and ensure you have the exclusive rights to use it. 

How Much Does It Cost To Patent A Name? 

It costs about $200 to $600 to patent a name with the USPTO. However, this is just the filing fee and does not include the cost of a lawyer or other professional assistance. The total cost of patenting a name in the US can range from a few thousand dollars to tens of thousands of dollars, depending on the complexity of the application and the amount of professional assistance required.

How Do I Patent A Name For Free? 

Many people have been asking how to patent a name for free. But the truth is, you cannot patent a name for free. 

There is no such thing as a “free” patent. The United States Patent and Trademark Office (USPTO) charges fees for filing, searching, and examining patent applications. Congress sets these fees and they are subject to change. The USPTO does not offer any discounts or waivers of these fees. 

To patent a name, you must file a trademark application with the USPTO. The application must include the name you want to patent, and a description of the goods and/or services associated with the name. The USPTO will then examine the application to make sure it meets all the legal requirements for a trademark. If it does, the USPTO will issue a trademark registration.

In other words, the United States Patent and Trademark Office (USPTO) requires applicants to pay a filing fee to submit a patent application. The USPTO website provides a fee schedule that lists the various prices associated with filing a patent application. In addition to the filing fee, applicants may also pay a search and an examination fee.

How to Patent a Name in Texas 

To patent a name in Texas, you will need to:

File a trademark application with the USPTO. The application must include the following:

  • The name you wish to trademark.
  • The goods or services involved.
  • Your contact information.
  • A description of the mark.
  • The date you first used the mark.

Then, submit three authentic documents attesting to the validity of your trademark in Texas.

You must pay the fees for each class you’re registering for. In Texas, each class costs about $50, a lot lesser than the $325 charge at federal applications demand for each.

Afterward, the state will review it and check for any conflicting brand names within the region and at the USPTO. That’s, they will examine it to ensure that it meets all the requirements. If it does, they will issue you a trademark registration certificate.

How to Patent a Name for a Business 

When you are ready to patent a name for your business, here are a few key things to know: 

First, ensure the name is not already in use by another business. You can check online or through the US Patent and Trademark Office to check for existing trademarks. If the name is available, file a trademark application with the USPTO. 

Meanwhile, the application process can be complex, so it is advisable to hire a patent attorney to ensure everything is correct. Once your trademark is approved, you will have exclusive rights to use the name for your business.

How to Patent a Name and Design

To patent a design, you must file a design patent application with the United States Patent and Trademark Office. The application must include the following:

  • A drawing of the design.
  • A description of the design.
  • Your contact details.
  • The filing fee.

After providing all these, the management decides whether to grant you a patent. If it does, they will issue a patent. If it doesn’t, they will reject the application. Patenting a name and design can be a complicated process, do it to protect your brand.

Tips For A Successful Patent Application

There are a few key things to note when preparing a patent application that will give you the best chance for success. 

  • First, make sure that your invention is new and non-obvious. This may seem obvious, but it is best to do your research to be sure that your invention is not already patented or that there is not already something very similar on the market. 
  • Secondly, clearly and concisely describe your invention in the application. The more clear and more specific you can be, the better. 
  • Thirdly, you should have strong support in the form of documentation, prototypes, and/or test data to show that the invention works as claimed. 
  • Finally, be prepared to defend your invention if it is challenged. Even if you have done your research and are confident in your invention, there may be others who will try to invalidate your patent. So, prepare to argue your case and defend it.

By following these tips, patenting a name will be as smooth and successful as possible.

Does A Patent Protect A Name? 

No, a patent does not protect a name. Only inventions, artistic product designs, and plants are eligible for patent protection.

Do You Patent Or Trademark A Name? 

There are a few things to consider when deciding whether to patent or trademark a name. If the name is being used for a product or service, then it can be trademarked. If the name is being used as part of a process or invention, then it can be patented. 

However, some common law protections can apply to a name, but these are typically less strong than patents or trademarks.

How Much Is Patent Right In USA? 

In the USA, a patent right costs between $15,000 and $20,000.

Do You Get Paid If Your Name Is On A Patent?

No, you do not get paid if your name is on a patent.

The Bottom Line

A name is very important to a person or business, as it can be a large part of their identity. Because of this, it is understandable that you would want to patent a name to protect your business. However, the process can be complex, but with the above steps and tips, you will get the best result. Additionally, you can consult a qualified patent attorney for assistance.

References

UpCounsel

Business News Daily

NerdWallet

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