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Recently, I started a jewelry business. I have a name, the product, a shopping cart,a blog, and a facebook page. However, I would like to know how do I secure this name to make sure that nobody else copies it? How do I make a legal association between the name and the product?

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3 Answers

The best way to protect your name is to trademark it. You can check if the name has already been trademarked.

The Nolo website has good, easy to understand information on trademarks, including how to do a trademark search, qualifying for trademark protection, and enforcing your trademark rights. I would familiarize myself with this information before proceeding. The United States Patent and Trademark Office also has information. Also check out other questions and answers from this site relating to trademarks.

Be aware that trademarks are only valid in the country you get them in. So if you get a trademark in the US, someone in the UK can use your name without any penalties. And it can be an expensive undertaking if you do find someone in the US using your trademark.

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In the U S, I did this:

  1. Filed assumed name papers in my state. It's quick and cheap and secures your use of that name locally. Also makes it possible to deposit checks made out to the company name.
  2. Applied for a trademark in the US Patent and Trademark Office (USPTO.gov). This takes a long time and costs a lot, and requires periodic filings to keep it in force. This secures your name for your product category. You can do this without a lawyer. Expect to be denied the first time for what looks like spurious reasons. Just respond to their comments.

You can search the USPTO site to see if your name is already being used for jewelry, and for other useful information.

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You should register your trademark. Please see Trademark Protection in One Easy Lesson for an overview of how registration works.

Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

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