How to Patent a Name: never happen, this is impossible

If you are looking on how to patent a name, you are out of luck. There is no agency in the world that will do this. Patents are to protect invention, not names. The good news is that you can obtain the protection you are seeking with a copywriter or trademark.

Most names fall under the protection of the trademark clause. A trademark is used to protect a name, phase, word, symbol, or design that will be used to legally protect a product or company that operates with interstate commerce.

Once you have decided on a name and you are involved with interstate commerce, the data base at the USPTO needs to be searched to ensure it is not already protected by another company or person. This is a long, time-consuming but necessary task. The USPTO does not give refunds if you file for a trademark that is already protected. The filing fee is $325 for an electronic application. If you go ahead and file for a trademark on a name and it is already taken, then upon your next application, you will have to repay $325.

If you are unsure on how to perform this search or just do not have the time, there are companies willing to do it for you. Their charge can be as little as $150 and can be as great as $1000.

If a name that is similar to the one you want to use is found, then a patent and trademark lawyer should be consulted. The advice usually goes like this. If you and the similar trademark are in the same type of business or region of the country, then your trademark will not be approved.

Just remember if you want to know how to patent a name, you can’t. But you can file for a trademark.