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.
Is it important to trademark your business name?
The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court.
Is my business name trademarked?
To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name , you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.
Do I need to trademark my business name Australia?
Business names Before you start operating, you must register a business name if you are trading under a name that is not your own. You cannot register a business name that is identical or too similar to the registered name of another Australian business or company .
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.
Do I need a lawyer to file a trademark?
When you’re looking at registering a trademark for your business, you might not be too clear on whether you should do it yourself, hire a lawyer or use a trademarks attorney . We recommend that you use a trademarks attorney , or if you decide to use a solicitor , make sure that they have IP and or trademark experience.
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.
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.
Should my LLC own my trademark?
Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services. Since it applies the mark to the goods or uses it in advertising, it (not its owners!) is the correct owner.
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 copyright my business name for free?
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.
Can two companies have the same name?
Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name .
What is the difference between trademark and business name?
A trademark is used to identify a product or service in the marketplace and to distinguish it from other products and services. A business name is a name that is used to identify a business , not a product or service.
How do I protect my brand name?
Protect Your Brand Name in 5 Steps Register 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.