You created a business. You sell things. In short, you are conducting commerce to the people. Can you trademark your business name to prevent others from using your company's name? Yes, but, there are limitations. While a company name like Microsoft or Wal-Mart, or even Amazon has received trademark protection, names that are merely descriptive are typically not granted trademark protection. For example, Bill's Software Creation, Sam's Mega-mart, or even Online Bookstore That Sells Other Things Too are too descriptive to receive trademark protection.

So the first rule of trademarking your business name is to make sure it's unique. The second rule is to make sure no one else is using the same name you are. Of course, there are similar names out there. Apple Inc, (the computer software and iPod company created by Steve Jobs) and Apple Corps Ltd., (the record label created by The Beatles) have been in an almost constant legal battle over their names and the fact that both companies use an apple as their corporate logo.

Not just the names of a business can be trademarked. Many companies also trademark the names of their primary products, such as Microsoft also having the word Windows trademarked.

Similarly, domain names have also found to be trademarked if they are used for commerce. However, they must be used for the selling of items, you cannot simply own the domain with the intent to use the site in the future. Images and symbols are also able to have trademark protection. For example, the well-known "Gerber Baby" found on jars of Gerber baby food is a registered trademark.

The logo of many corporations are trademarked, as are the slogans and phrases they use to entice business. The Owens Corning Corporation holds a trademark on the color pink, commonly used in their fiberglass insulation. They licensed the use of the character Pink Panther to advertise it.

The various slogans used by Coca-Cola, such as "It's the real thing" among others have been trademarked. McDonald's slogan, "I'm lovin' it" is similarly trademarked. Corporations may have more than one trademarked slogan or phrase in use at a time and may use them for as long as they wish, as long as they keep the registration current.

The design of a product and the packaging (trade dress) can also be trademarked. For example, Apple Inc. trademarked not only the way in which their iPods and other products are packaged, but also the typical look of an Apple Store.

There are also examples of sounds and smells being trademarked. These are known as unconventional marks and are generally harder to apply for and become registered. Previously mentioned was the roar of the lion MGM uses, but there's also the chimes NBC uses, and the fanfare 20^th Century Fox uses in its films. While perfume smells have received trademark protection in other parts of the world, they have not caught on in the United States and as such there have been no, or very few, smell-related trademarks granted by the USPTO.

There are also other legal reasons why you should trademark the name of your business and the products you sell. You will maintain the legal right to bring trademark infringement lawsuits to court to litigate against those who would use a mark similar to yours or to otherwise try to cause confusion in the marketplace. However, this does not always work.

Registration with the USPTO allows you to obtain registration for the mark in foreign countries under the Madrid Protocol. This allows a trademark owner to register a trademark in other countries that abide by the Madrid Protocol by using a single, English-language application. There are over 70 countries that abide by this protocol.

You may also file your trademark with the US Customs and Border Protection Service to prevent the importation of foreign goods with your trademark on them if the use of the trademark is unauthorized. For example, if your legit, trademarked goods are manufactured and shipped from Canada, then goods shipped from another country with your trademark upon them will most likely be unauthorized pirated versions.

Other than this, you also have the exclusive right to use the trademark nationwide, or worldwide if you so choose to file a Madrid Protocol form, in connection with goods and services. Trademarks can also be licensed to third parties, just as patents and copyrights can.

While registering for a trademark does not mean you will be awarded the use of the trademark for one reason or another, the Trademark Office does recommend checking on the application's process at the Trademark Office at least once every 4 months. The application process can take several years. Once the application has been approved, you may use the ® symbol.

After your trademark is approved, you can use your mark indefinitely, as long as you file renewals during the fifth and sixth years, and then again between the ninth and tenth years, and lastly, every ten years afterwards.

If you let your trademark registration lapse, you will be responsible to re-file for trademark protection if you want to maintain the existing level of protection you had while it was active.

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