Question: Do I Need To Trademark My Business Name And Logo?

What happens if someone trademarks your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else.

Most importantly, if you must go to court, you’ll have legal proof that you registered the name..

Is it easy to get a trademark?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

Does a small business need a trademark?

Do I need a trademark for my small business? Your need for a registered trademark depends on the scale of your business. If you only operate your business in one state, you probably do not need to register. When you get a business license through your state, you gain legal rights to your company’s name.

If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans. By using the trademark symbol, you notify other people that products they use are your property. In order to prevent unauthorized use of your mark by third parties, you have to choose a strong one.

Can you sue someone for using your business name?

Can I Sue Someone for Using My Business Name? If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.

How long does a trademark last?

ten yearsHow long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

Can someone steal my business name?

If you have a unique brand name or logo, protect it. It is a simple thing for someone to snatch it out from under you and claim ownership of it. Your first step should be to register the name as a trademark. You can do this online through a number of services or hire an attorney.

How much does it cost to trademark my business name?

$225 to $600The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO’s Trademark Electronic Application System (TEAS).

Can I trademark my own name?

Trademark law protects names, logos and other “marks” that are used in commerce. To register your name as a trademark with the U.S. Patent and Trademark Office (USPTO), you must use it in business. … But if—like most people—you only use your name for personal purposes, you can’t register it as a trademark.

Go to the U.S. Copyright Office website. Select “Electronic Copyright Registration” to fill in the Form VA online for registration of a work of Visual Arts. Name the creator of the logo and include contact information for the owner. Many logos are works for hire.

Does an LLC protect my business name?

Once your LLC or corporation application is approved, your name is protected in the state: No other business will be able to form an LLC or corporation with the same name in that state. However, there’s nothing to stop a business that operates as a sole proprietorship or partnership from using your name in the state.

Should I get a trademark or LLC first?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

How do I protect my business name?

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the U.S. from using your trademarked names.

Generally speaking, you should apply for trademark registrations for your business name, logo, slogan and designs separately.

Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. … So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.

Do I need a trademark if I have an LLC?

When you own a small business, your name is everything. … If you’ve formed a corporation or an LLC, you have some protections against other companies in your state having the same name. But for brand protection, you may want to register your name as a federal trademark.

Can you start a business without a trademark?

Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

Why are trademarks so valuable?

Trademarks are a symbol of the identity of your business. The original names, phrases, symbols, logos, and designs that you create for your business help to identify your products and services. Consumers will be able to distinguish your offerings from that of competing businesses largely thanks to memorable trademarks.

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