How to get a business name trademarked

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.

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.

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.

Should a business name be copyrighted or trademarked?

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code). Trademarks protect the use of a company’s name and its product names , brand identity (like logos) and slogans.

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.

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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What are the 3 types of trademarks?

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

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 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.

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 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.

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.

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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.

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

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can ‘t file to register a trademark that someone else is already using if they used the trademark first.