Question: Can You Trademark A Nickname?

How long does a trademark last?

ten yearsIn the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years.

If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed..

What is the best trademark company?

5 America’s best trademark attorneys:Rank:Attorneys:Website:2DBL Lawyerswww.dbllawyers.com3OnlineTrademarkAttorneys.comonlinetrademarkattorneys.com4Gerben Lawwww.gerbenlaw.com5Trademark Firmwww.thetrademarkfirm.com1 more row

Can a common name be trademarked?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.

Should I trademark my pen name?

2: Pen names cannot be trademark protected. … The author must prove that the name has “secondary meaning” by being part of a unique brand that is used in marketing and commerce, and is widely recognized. Like J.K.Rowling which is a trademark owned by Joanne Rowling.

Can a trademark have two owners?

Yes, you can trademark something with joint ownership. A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. … As with any trademark, a jointly owned trademark must be used to promote or sell goods or services.

Pen names, also known as pseudonyms and noms de plume, are more popular than ever. … Using a pen name is completely legal. In fact, it is often a wise business choice. But writers should take a few common-sense steps to avoid confusion and protect their rights.

Do I need a trademark if I have an LLC?

If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. And if you are considering incorporating or forming an LLC but haven’t gotten around to it yet, you should do so before registering any trademarks.

Is Apple a trademark?

What Are Trademarks? … The Apple trademark is a good example: While an apple cannot be copyrighted, its artistic representation can be—its use as a symbol for an electronics and software company is protected as a trademark.

How much does it cost to trademark?

Total Cost to File a Trademark: Provided that you are selling your goods at the time of the trademark filing, your total cost of registering a trademark will be the flat legal fee of $950 and US Government filing fee of $350 per class.

Is LegalZoom good for trademarks?

LegalZoom’s trademark search will not protect you. The search that LegalZoom includes in its basic registration will only search the USPTO database for identical marks that have been registered — not any similar mark that the USPTO could (and will!) use to deny your application.

You need to assign the copyright to an individual or legal entity. Fictitious business names / DBAs don’t enter into agreements, own property, etc.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

Are trademark engines good?

The bottom line is that the trademark monitoring service offered by Trademark Engine will do you no good unless you can actually afford to take legal action against potential infringers. Of course, Trademark Engine forgets to tell you that part.

What names Cannot be trademarked?

What Can’t Be Trademarked?Proper names or likenesses without consent from the person.Generic terms, phrases, or the like.Government symbols or insignia.Vulgar or disparaging words or phrases.The likeness of a U.S. President, former or current.Immoral, deceptive, or scandalous words or symbols.Sounds or short motifs.

How do I trademark a cheap name?

To register your mark with the USPTO, you must fill out an application and pay a filing fee. Doing this yourself is the next cheapest way to achieving a trademark and is more advantageous than doing nothing but relying on a common law mark.

Can I trademark a slogan?

Generally, taglines and “traditional” trademarks are governed by the same rules. Accordingly, so long as a tagline or slogan is either inherently distinctive or has developed secondary meaning, a tagline is protectable as a trademark.

Why do I need to trademark my business name?

The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court.

Why you shouldn’t use a pen name?

Pen names can complicate social gatherings, especially if you forget and introduce yourself to someone under your given name or fail to respond when someone calls you by your pen name. Also, conferences and signings may become challenging if you’re juggling two names.

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.

Can you get a name trademarked?

You can only trademark a brand name that you’re using in business or that you intend to use in business in the near future. You can’t register a generic or descriptive name.

Can I sue someone for using my trademark?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.