How do you trademark a business name

How much does it cost to trademark a 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 you copyright your business name?

A business name does not give you exclusive trading rights or ownership over that name . Registering a business name will not stop someone who has registered the name as a trademark from using it. In fact, using a business name that is similar to someone else’s registered trade mark could cause you legal problems.

Do I need a trademark if I have an LLC?

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.

What is the cheapest way to trademark?

To register your mark with the USPTO, you must fill out an application and pay a filing fee. Doing this yourself is the next cheapest way to achieving a trademark and is more advantageous than doing nothing but relying on a common law mark.

What are the 3 types of trademarks?

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

Do I really need to trademark my logo?

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

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How do I protect my business name?

How to Register a Trademark for a Company Name To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

How do I make sure no one takes my business name?

To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.

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 .

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.

Can you trademark an LLC name?

Business names , product names , logos and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business . For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO).

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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.

How can I get a trademark fast?

5 Tips to Speed Up the Trademark Process Steps to Speed the Process. Step 1: Choose a Strong Mark. Step 2: Choose a Mark That Isn’t Confusingly Similar to Another Mark. Step 3: Begin Using Your Mark in Commerce As Soon as Possible. Step 4: Submit a Complete and Accurate Trademark Application. Step 5: If You Receive an Office Action, Respond Promptly and Thoroughly.

How long do Trademarks last in the US?

ten-year

What’s the difference between a copyright and trademark?

Copyrights and trademarks protect distinct creations. Generally, copyrights protect creative or intellectual works, and trademarks apply to commercial names, phrases, and logos. Trademarks protect the use of a company’s name and its product names, brand identity (like logos) and slogans.