This is our COMPLETE Guide to trademarking an acronym.
In this guide, we discuss:
- Whether you can trademark an acronym
- Examples of trademarked acronyms
- Why should trademark an acronym
- The top reasons to trademark an acronym
- When does an acronym qualify for a trademark?
- How to trademark an acronym
- Do you need to work with a trademark lawyer?
Plus, we discuss three tips for choosing a protectable acronym that you can trademark.
Let’s get started
The Basics of Trademarks and Acronyms
Trademarks are the foundation of every successful brand. Trademark law protects them and the brands behind them. That’s why trademarks matter.
What is a trademark?
A trademark is a brand identifier. More specifically, a trademark is an “identification” used by a business to distinguish its products and services from the competition. Customers use trademarks to find the brands that they like. Logos, words, and names are the most popular types of trademarks.
What is an acronym?
An acronym is an abbreviation formed from the first letters of other words and pronounced as a word. Two examples are NASA (National Aeronautics and Space Administration) and ASAP (as soon as possible).
Can You Trademark an Acronym?
Yes, you can trademark an acronym. Acronyms can be registered as trademarks when they are used as the brand for your business, products, or services. An acronym that is used as a trademark is eligible for trademark protection. Acronyms can definitely be eligible for trademarking.
Trademarking an acronym is the best way to protect it so that it is exclusively yours for your brand.
When you hear the word trademark, you probably think of a company’s name or logo. Those are just two examples of trademarks, however. Trademark law can protect abbreviations and acronyms. Many of today’s most famous and valuable trademarked brands are acronyms
You can trademark an acronym used to brand your business, company, or organization. You can also trademark an acronym used to brand your products or services. And, if your acronym is in your logo, you can trademark that logo acronym as well.
So, if you are wondering, “can you trademark an acronym?” the answer is definitely yes!
Examples of Registered Acronyms
Many of today’s most famous and valuable registered trademarks are acronyms. Eight great examples of registered acronyms are CNN, DKNY, HBO, KFC, NASA, NBC, NCAA, and UPS:
These are just a few examples of acronyms that have been trademarked.
Trademarking an Acronym
Trademarking an acronym is possible when it is used to identify the source of goods or services. For example, 3M is a registered trademark for many consumer, office, and automotive products. Trademarking an acronym will prevent any competitors from using it to advertise or sell competing products or services.
Trademarking an acronym is no different than trademarking a name or logo. The acronym must meet the same requirements as any other trademark; they are not automatically granted trademark protection. An essential requirement is that the acronym is distinctive and does not just describe a product or service. Also, the acronym must be used in commerce to be a trademark.
Why Should You Trademark an Acronym?
Acronyms are short, memorable, and efficient ways to represent ideas and are visual shorthand for names and brand identities. That makes acronyms powerful branding tools. Just look at some of the most successful brands in the world, and you’ll see that many rely on acronyms to help identify them.
Powerful branding tools like acronyms are valuable. Trademarking an acronym is the best way to legally protect that value.
How? Consider the National Aeronautics and Space Administration’s trademarked acronym “NASA.” That trademark means that other companies cannot use the NASA acronym in connection with their competing products or services.
Many businesses choose to trademark their acronyms to protect their brand identity. Registering a trademark for your acronym is a smart way to protect your brand.
Top Six Reasons to Trademark an Acronym
Trademarking is a powerful tool to stop unauthorized use or imitation of your acronym by copycats. Here are the top six reasons why:
- Exclusivity. Trademarking your acronym gives you the exclusive right to use it. Typically, only one business can use an acronym in an industry, and it is usually the one that trademarks the acronym first.
- Legal Ownership. When you trademark an acronym, no one in your industry can register it and take it from you. Here again, typically, only one business can own an acronym in an industry, and it is usually the one that trademarks the acronym first.
- Distinctiveness. A trademark for the acronym helps distinguish your products and services, meaning buyer loyalty for your high-quality product flows to you.
- Cost-savings over time. Trademarking your acronym comes with critical legal rights and presumptions that make enforcing your ownership rights less expensive if someone else tries to use your acronym without permission.
- Deterrence. When you trademark your acronym, you can use the ® symbol with it. This can deter competitors from trying to imitate your acronym trademark.
- Value. Having a registered trademark for your acronym can also make it easier to sell or license it because potential buyers or licensees will know that they can use the acronym without the risk of infringing on someone else’s rights.
Read our quick guide to all of the reasons to register a trademark.
When Does an Acronym Qualify as a Trademark?
An acronym qualifies for trademark protection when two requirements are met.
Firstly, to trademark an acronym, you must use your acronym to identify your business or as a brand name for your products or services. If you show that your acronym is used as a brand, you’ll have a strong case for trademark protection.
Secondly, to trademark an acronym, the acronym must be “distinctive.” This means that your acronym should not be descriptive of your products or services. Also, your acronym cannot be commonly used in your industry or too similar to another trademarked acronym. If you show that your acronym meets these criteria, you’ll have a strong case for trademark protection.
Note: The best way to ensure that your acronym is “distinctive” is to conduct a trademark search. The U.S. Patent and Trademark Office recommends that you consult with a trademark attorney because trademark similarity can be a complex analysis (see below).
Do you need help with your trademark?
How to Trademark an Acronym
To trademark an acronym, you first need to file a trademark application with the U.S. Patent and Trademark Office (USPTO). Next, you will need to navigate the application examination process. If you are successful, the USPTO will register your acronym, and you will have exclusive rights to use the acronym in connection with your business.
The process of trademark registration can be complex, so the USPTO recommends that you work with a trademark attorney to ensure your rights are fully protected.
The Seven Steps to Trademark an Acronym
- Choose a Unique and Protectable Acronym for Your Business, Products, or Services
- Hire a Trademark Attorney for Your Trademark Application
- Perform a Trademark Search for Acronym
- Collect the Required Information and Develop Your Application Strategy
- Prepare and File a Trademark Application with the USPTO
- Navigate the Trademark Examination Process
- Use the ® Trademark Symbol with Your Registered Acronym Trademark
The Process of Trademarking an Acronym
The process of trademarking an acronym is fairly straightforward, but it is important to understand the legal requirements before moving forward. First, it is important to make sure that no other competitor is already using the acronym. If the trademark is available, the next step is to file a trademark application with the USPTO. The application must include a description of the goods or services branded by the acronym. Once the application is filed, it will be reviewed by a trademark examiner.
Top Three Tips for Choosing a Protectable Acronym
One of the most effective ways to build a brand is to use an acronym. An acronym is a word formed from the first letters of a series of words and can be a potent tool for branding. A well-chosen acronym can help a brand to stand out, be remembered, and be associated with positive values. But not all acronyms are equal.
Remember these three key things when choosing an acronym for your brand.
- Your acronym should be short and easy to remember.
- Your acronym should be somehow related to your brand or what you do.
- Your acronym should be available for trademarking (so have a professional search performed).
Do You Need to Work With an Attorney to Trademark Your Acronym?
Working with an experienced trademark attorney often makes the difference between trademarking success and failure. Studies of USPTO data show that applicants who work with a trademark attorney are 50% more likely to register their acronyms.
If that is not reason enough, consider that The U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:
“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”
There are several reasons why the U.S. Patent and Trademark Office (USPTO) recommends hiring a private attorney. First, an attorney is familiar with the USPTO’s procedures and can ensure that the application is filed correctly. Second, an attorney can help search for existing trademarks to avoid potential conflicts. Third, an attorney can perform a search and better determine whether an acronym is distinctive.
Ready to Trademark Your Acronym?
We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in legally owning your acronym, we invite you to book a FREE brand protection strategy session with us here.
Our Process for Securing a Trademark
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).