It’s normal to want to preserve your image, especially your brand and trademark. So how do you go about it? How does one go about patenting a name?
What you’ll discover:
No, it is not possible to patent a name when protection overlaps.
It goes without saying that intellectual property and the different ways for safeguarding it may be perplexing, particularly if you are just starting out in company. It’s normal to want to preserve your image, especially your brand and trademark. So how do you go about it? How does one go about patenting a name? Is it even conceivable?
Table of Contents
No, you cannot patent your name.
Patents are only granted for innovations, ornamental designs of items, or plant species, not for names. You will need to use the trademark registration service to secure your brand name and logo. The United States Patent and Trademark Office registers both patents and trademarks. You must submit the right application and pay the applicable fees. An unregistered trademark, on the other hand, is protected under both common law and federal law. However, registering a trademark grants you several exclusive rights, such as nationwide trademark rights, access to federal courts for litigation, constructive use and notice (which means others cannot claim ignorance of your trademark), and it may become uncontestable after five years of unopposed registration.
When Protection Crosses
It is feasible that several kinds of intellectual property protection may overlap. While trademark rights can protect marks composed of common words but used in an arbitrary context or simple shapes that would otherwise be ineligible for copyright, if your trademark contains a fanciful word you coined or its logo is a design that could be considered a creative work, copyright laws may protect it. Coined words like Kodak or Exxon are examples, as are complicated logos like the Kentucky Fried Chicken logotype.
In conclusion
If you’re wondering how to patent a name, the quick answer is: it’s not feasible. Consider filing a trademark with the USPTO to protect a name.
