- Does an LLC need a trademark?
- Should I get a trademark or LLC first?
- Do trademarks ever expire?
- Can I trademark my own name?
- How long do Trademarks last in the US?
- Can I trademark my business name for free?
- How do I protect my business name?
- Should I copyright or trademark my business name?
- Do I have to use the registered trademark symbol every time?
- How much is it to trademark your business name?
- Do I really need to trademark my logo?
- How many years does a registered trademark last?
- Can I put TM on my logo without registering?
- How do you get a slogan trademarked?
- How much does it cost to trademark a name and logo?
- Should my LLC own my trademark?
- What is the cheapest way to trademark?
- What happens if someone trademarks your business name?
Does an LLC need a trademark?
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..
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 trademarks ever expire?
Unlike patents and copyrights, trademarks do not expire after a set period of time. … Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
Can I trademark my own name?
Want to trademark your name? It can be done, but first, ask yourself why you want to spend the money – and time – to trademark your name. You must also meet specific requirements to trademark your name with the U.S. Patent and Trademark Office (USPTO).
How long do Trademarks last in the US?
ten yearsIn 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.
Can I trademark my business name for free?
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 do I protect my business 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.
Should I copyright or trademark my business name?
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.
Do I have to use the registered trademark symbol every time?
The symbol does not have to be used every time the mark is used. Instead, use the symbol in the first instance the mark is used, in the most prominent use of the mark, or both. Repeated use of trademark symbols can become cluttered.
How much is it to trademark your business name?
You can apply for a trademark directly with the U.S. Patent and Trademark Office, and in most cases, the filing fee is $275. You can also have a commercial firm file your trademark for you for an additional fee. There are advantages and disadvantages of each method.
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.
How many years does a registered trademark last?
ten yearsLife of a trade mark Your trade mark registration lasts for ten years from its filing date. You can renew your trade mark registration 12 months before your renewal is due, or up to six months after.
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.
How do you get a slogan trademarked?
How to Trademark a Phrase: Step By StepChoose an Original and Distinct Phrase. … Search the USPTO Database for Your Phrase. … Select the Appropriate Filing-Basis for the Trademark Application. … Select the Appropriate Class of Goods/Services and Description of the Goods/Services. … Pay the Appropriate Gov.More items…
How much does it cost to trademark a name and logo?
Trademark application: with picklist, $250 per class or without picklist, $330 per class. Series Trademark application: with picklist, $400 per class or without picklist, $480 per class.
Should my LLC own my trademark?
The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. … A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates etc.
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 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.