What Can Stop a Trademark Being Registered in the USA?

Registering a trademark in the USA can be relatively simple - but there are some complex factors that must be adhered to, and often applications made by individuals are rejected on technicalities. For that reason it's advisable to seek professional guidance to register your trademark. At Coddan, we are experienced in researching and submitting these trademark applications, and can guide you through the process.

Registering a trademark in America: the process of registering trademarks begins with deciding on the category you want to register for and then checking through the TESS system (trademark electronic search system) to ensure that no other business has already registered the same trademark. Then it's simply a matter of submitting the correct details to the US Patent and Trademark's Office.

Things to avoid when registering a trademark: you cannot register a trademark that has domain extensions - i.e. including dot com in the business name. You cannot register a trademark that is too descriptive - for example a limited company selling wooden chairs cannot register as 'wooden chair company'. You can't register a trademark that is identical to, or too visually, audibly or conceptually similar to another trademarked private company.

A trademark lawyer can help you to choose an appropriate trademark name and associated information, and at Coddan, we have a wealth of experience, and highly qualified professional lawyers, and can guide you through this process and advise on your desired trademark and branding to ensure that your application is successful.

You can, however, register the same name as a company which functions within a different category. For this reason it is important to be sure that you register for every relevant category, to prevent others from registering under another category that prevents you being able to do so at a later date if you trade in more than one category.