Is it necessary to trademark a business name?
Even if your company name or your business name is registered federally (Corporations Canada), provincially or territorially, it is recommended to also obtain trademark registration to better protect your brand.
What happens if you dont trademark your business name?
Having an officially registered trademark for your business is not actually a legal requirement. … However, if you do not have a registered trademark, the legal position is that you do not have good legal rights to your name or brand. You may not even own your name or your brand.
Why would you trademark a business name?
A trademark prevents anyone else from selling similar goods and services within the United States under that business name. The primary purpose of trademarks is to prevent confusion in the marketplace, so the protection applies to only a particular category of goods and services.
How do I trademark my small business name?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
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.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.
Can you do business without a trademark?
Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.
What happens if someone 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.
Can I use a business name without registering it?
You need to register a business name if you conduct business under a name other than your own. … This means you can operate your business in any state or territory in Australia. At the Australian Government’s Business Registration website you can register a business name using one online form.
How much does it cost to trademark my business name?
Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don’t want protection outside your state.
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.