Quick Answer: Is It Better To Trademark A Name Or Logo?

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 I use R or TM?

You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service.

How long does it take to trademark?

This publication process usually takes about 3 months to complete. Assuming no one comes forward during the publication period to dispute your trademark application, the Trademark Office will issue the trademark registration certificate about 2-3 months after publication.

How much does it cost to trademark a name and logo?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees. Get free estimates from trademark attorneys near you.

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.

The TM and SM symbols are used with unregistered marks: TM for trademarks, or marks that represent goods, and SM for service marks, or marks that represent services. … There is no requirement to use the TM or SM symbols and their use has no legal significance, but it is wise to do so.

Do I need an LLC if I have a trademark?

To register a trademark, you’ll need to file an application with the U.S. Patent and Trademark Office. … 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.

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.

When can a trademark be registered? You should begin the process of trademarking a logo as soon as possible, submitting an intent-to-use application even before your business or product launches. The trademark won’t officially be registered until the Patent Office completes its review and approval of an application.

How do I protect my business name?

You can register your trade mark to protect your brand, for example the name of your product or service. When you register your trade mark, you’ll be able to: take legal action against anyone who uses your brand without your permission, including counterfeiters.

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 I need an LLC and a trademark?

When you own a small business, your name is everything. … If you’ve formed a corporation or an LLC, you have some protections against other companies in your state having the same name. But for brand protection, you may want to register your name as a federal trademark.

Is it worth getting a trademark?

Entrepreneurs often ask whether they should incorporate, trademark or patent their inventions when they start their businesses. The default answer is always – no. Entrepreneurs should only incorporate, trademark or patent their inventions when absolutely necessary because doing so is expensive and time consuming.

What does a trademark protects?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights. … This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment.