How to Trademark a Name

If you have a business name, you should consider trademarking that name. If you’re the first to use a business name, even if your business is just beginning and it’s a name that no other business is making use of, then consider trademarking that name.

For example LatinoFlavored is a name that a business and professional theatre group is making use of. This is the type of business and professional name that should be trademarked.

Just being the first to use that name is not good enough. Of course, if another uses that name, this company has enough public evidence that they are the first to use that name, including their theatre group, their Cafepress store, and their excellent newsletter that goes to many people, nevertheless this is a name that should be trademarked, officially trademarked.

There are many different types of products that could use the LatinoFlavored name or logo. If others want to make use of this name and logo on products, then they would have to go to the founder of LatinoFlavored and pay a fee to the founder to make use of the name.

The founder can also market the name to many in the Latino products community. LatinoFlavored movies, LatinoFlavored candy, etc. This is something that the founder and owner of the name would decide upon. There is Mexican candy that is very different from American candy, very different flavors and styles. LatinoFlavored candy might be a special type of Mexican-American flavor blending the flavors and Mexico and America. This candy is also often referred to as Hispanic candy.

However, if you have a special business name and/or business logo that no other company has, then you can consider trademarking that name.

Also, you can license business names to others. You would have to have a licensing agreement with a licensing attorney or business agent who can license others to make use of that company name. This is similar to an affiliate agreement. Let’s say you have The Bargain Store. You allow your affiliates to make use of The Bargain Store website as an affiliate. However, suppose you have business people in Mexico or Canada who would like to set up offline The Bargain Stores, then you can license them to make use of this name. This is not exactly a franchise, but a licensing agreement. In your licensing agreement, for example, for them to make use of the name The Bargain Store, they must purchase products from the online version of The Bargain Store and resale in their offline store. They buy the products at discount and then resale at retail prices, generating a profit. This is in the licensing agreement that a licensing attorney or business agent presents to those interested in having offline versions of The Bargain Store.

The Bargain Store is not necessarily origin enough to trademark, and so there you can have it as a franchise and/or a licensing agreement.

If you have an offline or online store, consider trademarking the name. Also, consider all the other marketing strategies: licensing agreements, franchising, affiliate programs. These are all marketing strategies for your store and your products. You can find copies of these types of agreements online, some of which allow you to duplicate them, and/or you can have a business attorney draw up these trademark, affiliate, licensing, and franchise agreements.