Question: Should I Trademark My Logo Or Name?

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..

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. However, you don’t have to trademark your business name to protect it.

Can I put TM on my logo without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Can 2 businesses have the same name?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.

Can two trademarks have the same name?

Whether you can get a trademark when the name is already taken is hard to say in general terms. … Thus, two different companies can have the same trademark, even for goods/services within the same class, so long as consumers are not likely to be confused about the origin of the goods/services.

Should I own my trademark or should my company?

The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. This is an important decision and naming the proper owner for purposes of registration is critical to maintaining a valid trademark.

A trademark protects a slogan, phrase, word, company name, logo, or design that identifies a company and/or its goods. A logo is a symbol or design used by a company that may fall under trademark protection laws. Many businesses choose to apply for trademark protection on their logos.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service.

How do I protect my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

How long does a US trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

How much does it cost to trademark my business name?

Trademark a Business Name With the USPTO Trademark fees for electronic applications are currently $225–$400 per class of goods or services, depending on the type of application you file. The trademark cost for registering with a paper application is currently $600 per class of goods or services.

Should I trademark my LLC name?

If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. … While the process of registering a trademark is more involved than registering a DBA, rights to your name will be enforced by both federal and state governments.