When Should You Register A Trademark?

Do I need to trademark my business name and logo?

A small business needs to protect its intellectual property, which includes its business name and logo.

Generally speaking, you should apply for trademark registrations for your business name, logo, slogan and designs separately..

Can you sue without a trademark?

Under federal law, you are not required to register your trademark to obtain formal legal protection—meaning you can still sue for infringement even without registration. … However, the law does not require registration as a requirement to obtain legal rights.

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 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.

Can I use trademark before registration?

Or if you are of opinion that the trademark is rightfully yours and you are using it for a long time even before other party trademark registration. You can start using the ™ symbol as soon as you file the form of a trademark application.

What comes first trademark or LLC?

Llc first. You need a place to register your trademark. If you have to move it to your LLC later you will have to buy it from yourself.

What is the advantage of registering a trademark?

Brand or part of a brand that is given legal protection is called trademark. The protection is given against its use by other firms. Thus the firm, which got its brand registered, gets the exclusive right for its use. In that case, no other firm can use such name or mark in the country.

What if trademark is not registered?

An “unregistered trademark” is one which does not possess legal benefits. But in some cases, an unregistered trademark may get common law benefits. … Thus, owner of an unregistered trademark may be able to prevent use by another party of an infringing mark pursuant to the common law tort of passing off.

What trademark can be registered?

If you have a specific logo for your brand or product or service, then such logo can be trademarked under the Trademark Act. It is also known as “Device”. It must be unique. Such symbols create its own identity and there is no need to describe it with its brand name.

What are the 3 types of trademarks?

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

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.

What is the difference between registered and unregistered trademark?

A registered trademark is any symbol, sign, word, etc. used as a trademark by the company and registered under the Trade Mark Act, 1999. An unregistered trademark refers to any symbol, sign, word, etc., used by the company as a trademark, but not at all registered.

Can a trademark be bought or sold?

How to Sell a trademark. The selling of trademark does not mean selling of the company. … 1) Assignment Deed: As any property, may be a car or house is sold by an agreement between the buyer and the seller, the same way trademark is transferred by an Assignment deed between the buyer and the seller.

How long does a trademark last for?

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.