My business name , name for my labels, and logo are the same but the lips emojii is at the end of the name, I didnt know if that would be a problem for me being that the emojji is common of social media and cellphone apps.
Business name and trademark are two different items, and two different registrations. It is typically advisable to register the mark which clients see as an identification of source, whether this is a company name, an alias, a key phrase, a logo, a brand name, or whatever. If your product always shows up with the company name and the emojji, then that is what you should register as a trademark. If you often use a logo, you might register that. In fact, you might want to register both. It is advisable to retain a trademark attorney to help with these sorts of questions. Many trademark attorneys will offer a free initial consultation so the initial cost may be reduced.
Your question crosses over several different areas of the law. You can't copyright a name but you could copyright a logo, which would allow you the right to enforce your ownership if someone else tries to use the same logo on counterfeit products.
As Mr. David pointed out in his answer, registering a business name with state or local government is different from trademarking a business name. You may also want to register any dba if you are doing business using a different or more than one name. You need to do this just to be able to do business using that name in a particular geographic location. Whether you can include the emoji in that registration depends on your state's rules.
You should be able to trademark a name that includes an emoji if that is how you use the name in day-to-day business, in your marketing, or as part of your logo. Consult a trademark attorney.
Please note that this answer should not be considered "legal advice" and no attorney-client relationship is formed by answering this question. You should hire an attorney licensed in your state and familiar with the relevant areas of the law to conduct an analysis of your situation and provide you with fully informed legal advice. This answer is posted for general purposes only.
Not only do you need to register a business name, if it is unique enough and no one else uses the name in interstate commerce, you should also trademark it as well. However, that will depend on whether it is used by others prior to your use. In addition, merely adding an emoji will not require an additional filing if you have protected your name as a trademark.
You can protect your company name and logo by Federal registration, only if it is unique for the goods and services that you market under the name or logo. Don't know if the emoji has any affect. Speak with an experienced trademark attorney regarding your specific facts.
Mr. Sack's postings on Avvo are of a general nature, based on the facts provided and are not intended to be taken as legal advice or to establish an attorney-client relationship.
The emojji image you are using may be protected under copyright. If so, then you can't use it.
Regards to the text mark, your trademark will be one of if not the most important and valuable business assets you will have and you will ultimately spend more money in support if it than you will anywhere else (advertising, marketing, PR, branding, packaging, etc.). So you owe it to your business and yourself to make sure you handle this properly upfront and the first order of business always starts with a proper and comprehensive clearance.
Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you start spending any money in support of it or submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a brief article from Fox Business News on the importance of the due diligence process and our overview guide.
I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline