1. Can You Patent a Name?
Strictly speaking, you cannot patent a name. Patents apply to inventions, not names. To protect a business, product, or brand name, you need a trademark, which gives you exclusive rights to use that name in your industry.
2. Why Trademarking a Name Is Important
- Prevents competitors from using your brand identity
- Builds customer trust and brand recognition
- Gives legal grounds to stop infringement
- Increases the value of your business as an asset
- Protects your brand across marketing and sales channels
3. Steps on How to Patent (Trademark) a Name
Step 1: Conduct a Trademark Search
- Check if the name is already registered
- Use trademark databases like the UKIPO or USPTO
Step 2: Choose the Right Class
- Trademarks are divided into classes (categories of goods or services)
- Select the class that matches your business activities
Step 3: Prepare the Application
- Provide details of the name, logo (if included), and class
- Specify how you plan to use the name commercially
Step 4: File the Application
- Apply online through your national trademark office
- Pay the required fees (varies by region and class)
Step 5: Examination and Publication
- Authorities review your application
- Name is published for objections from third parties
Step 6: Registration
- If no objections arise, the name is officially registered as your trademark
4. Costs of Trademarking a Name
- UK: From £170 per class (online application)
- US: $250–$350 per class
- Renewal required every 10 years to keep protection active
5. Duration of Trademark Protection
- Typically lasts 10 years from registration
- Can be renewed indefinitely, offering long-term protection
6. Common Mistakes to Avoid
- Choosing a name that’s too generic or descriptive
- Not checking existing trademarks before applying
- Registering in the wrong class
- Forgetting to renew your trademark after 10 years
7. Tips for Protecting Your Trademark
- Use the ™ symbol for unregistered trademarks and ® once registered
- Monitor for potential infringements
- Take legal action if competitors misuse your name
- Consider international registration if expanding abroad
Frequently Asked Questions
Q1: Can I patent a name?
No, patents are for inventions. To protect a name, you must register it as a trademark.
Q2: How long does it take to trademark a name?
It usually takes 3–6 months, depending on objections and processing times.
Q3: Do I need a lawyer to register a name?
Not required, but legal advice can help avoid mistakes.
Q4: Can I trademark my personal name?
Yes, if it’s used commercially (e.g., as a brand).
Q5: What if someone already has my chosen name trademarked?
You’ll need to select a different name or risk rejection and legal issues.
Q6: Is trademarking a name worldwide?
No, trademarks are territorial. You must register in each country where you want protection.
Conclusion
If you’re wondering how to patent a name, the correct approach is to trademark it. A registered trademark protects your brand identity, builds customer trust, and ensures long-term security for your business name. By following the right steps and avoiding common mistakes, you can safeguard your brand successfully.