How do I make sure no one uses my business name?
To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.
Do I need a trademark if I have an LLC?
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. And if you are considering incorporating or forming an LLC but haven’t gotten around to it yet, you should do so before registering any trademarks.
How to avoid trademark mistakes for small business?
Educate yourself and avoid these common small business trademark mistakes: 1. You registered your trademark but didn’t secure your name in URLs or social media profiles. Once someone else registers a domain or snags a social media profile using your trademark, it can be time-consuming and costly to stop them.
Can a business name be trademarked in the US?
If your business name is unique and hasn’t been used or registered by someone else, it may qualify for protection under the trademark laws of the United States as well as the trademark laws of your particular state.
Can you stop someone from using your trademark?
You may be able to stop other people from using your mark, but only in your immediate geographic area. That may be good enough for a small local business, but may not be much help if you have an Internet-based business with nationwide scope. If you register a trademark, you gain several advantages:
Do you have to register a word as a trademark?
Even if you make up a word, you still need to register it as a trademark to be able to fully protect it and enforce your rights to it. Common law will be on your side, but you still have to register your trademark if you want to collect money damages and recoup lost profits in an infringement lawsuit.
Do you need to trademark your business name?
Most owners tend to begin with a trademark registration for their business name, and that is a great place to start, but don’t overlook other potential odd / offbeat trademarks, including your logo, slogan, or color scheme. Each will need its own registration.
Can a business stop someone from using a trademark?
Trademark protection gives the business the right to stop others from using the same mark but only when the alleged trademark infringement causes likely confusion about the source of goods. Trademark infringement cases are expensive because the owner of the trademark must prove that the alleged infringers confuse customers.
Is it difficult to trademark a product or service?
Businesses and individuals new to trademarks and the application/registration process often choose a mark for their product or service that may be difficult or even impossible to register and/or protect for various reasons. Before filing a trademark/service mark application, you should consider:
How to avoid trademark infringement with Legalzoom.com?
Before starting any new venture, take the time to make sure that you are not getting too close to an existing trademark. LegalZoom will help you search for registered trademarks, and file your own. Get started today by answering some questions about your mark, your business, and your plans to use the trademark.