QUESTION:

Under United States trademark law can you register the name of a company as a trademark?

Yes, you can register the name of a company as a trademark in the United States, but there is a specific legal distinction you need to keep in mind.

Under U.S. law, there is a difference between a Trade Name and a Trademark. Here is the breakdown of how to turn one into the other.

1. Trade Name vs. Trademark

• Trade Name (Entity Name): This is the official name of your business (e.g., "The Gourmet Cookie Company, LLC"). It is used for tax purposes and legal identification. Registering this with your Secretary of State does not give you trademark protection.
  
• Trademark: This is a brand identifier used to show the source of goods or services. To register your company name as a trademark with the USPTO, you must use it in a way that promotes or identifies a specific product or service to consumers.
  

2. The "Source Indicator" Requirement

The USPTO will only register a company name if it functions as a "source indicator."

• Acceptable: Using the name on product packaging, labels, or prominently at the top of a website offering services.
  
• Unacceptable: Only using the name in a small font at the bottom of a page as part of an address or in a "manufactured by" statement. That is considered "informational" rather than "trademark" use.

3. Key Limitations

Even if you use the name correctly, it must meet standard trademark criteria:

• Distinctiveness: The name cannot be generic (e.g., you can't trademark "The Shoe Company" for a store that sells shoes).
• No Likelihood of Confusion: It cannot be so similar to an existing trademark that consumers would be confused about who made the product.
• Removal of Legal Identifiers: Usually, when you register a company name as a trademark, you drop the legal suffixes like "Inc." or "LLC" because they don't help identify the brand—they just identify the legal structure.