Quick Answer: Can You Sell A Product Without A Trademark?

What happens if you don’t trademark your business name?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate.

This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only..

It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

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.

What Cannot be registered as a trademark?

The trademark as under are prohibited if it; Possesses such nature which deceives the public. Contains any word or matter which is likely to hurt religious sentiments of any class of citizens of India. Contains scandalous or obscene content. Prohibited under the Emblems and Names (Prevention of Improper Use) Act.

What qualifies as trademark infringement?

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

Can an LLC own a trademark?

There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.

Can I trademark a name already in use but not trademarked?

If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.

Should I trademark before selling?

Filing for a trademark through the United State Patent and Trademark Office (USPTO) can be a lengthy process. … Because of this, you should file for your trademark as soon as you know what it is, even if that is before your product is ready to be sold.

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.

Do you have to trademark every product?

However, the right only applies to the types of goods or services that are registered for that name. The name does not apply to all products. … Once you offer that product for sale and prove to the USPTO that your business is genuine, you can receive the trademark and stop others from using it.

For this reason, you should apply for both trademark registrations if you have a business name and a logo you wish to protect. … If someone directly counterfeits your goods or services using both a similar name and logo, you want to have the advantage of the protection under both a word mark and a design mark.

How can I get a free trademark?

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

How much does it cost to trademark a brand name?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees.

What happens if you don’t have a trademark?

The short answer is, no, it does not. When you are using your business name (or URL or company name or brand name) without an official trademark registration, you are using it in an unprotected way. This even applies if you have registered your “trademark” as a business name, company name or URL.

Can I sell my product on Amazon without trademark?

Yes, you can sell on Amazon without joining the brand registry.

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.

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