Do I have to trademark my business name to protect it?

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.

Is it worth trademarking a business name?

The short answer is no. Brand protection, such as trademark, is a separate consideration which is not achieved by these measures and which often goes neglected. Here at LawBite we are frequently asked whether putting trademark protection in place is worth the cost and effort involved.

How does trademark protect a business?

A registered trade mark safeguards your brand, giving you the rights to take legal action if someone uses your brand without permission and allow you to sell or license your brand to third parties if necessary.

Does an LLC protect the business name?

When you incorporate, form an LLC, or file a DBA (Doing Business As), this process registers your business name with that state’s secretary of state. It prevents anyone else from using the name within the state, but it doesn’t offer any kind of protection in the other 49 states.

How do I protect my business name and logo?

If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans. By using the trademark symbol, you notify other people that products they use are your property.

What does it mean to trademark a business name?

The USPTO often uses the term “trademark” when referring to either trademarks or service marks. When the USPTO approves a business name as a registered trademark, the owner has exclusive rights—at the state and federal level—to use the name.

How are trademarks granted in the United States?

Trademarks can be granted on distinctive names, logos and slogans. Trademarks are granted at the federal level by the U.S. Patent and Trademark Office (USPTO). The owner of a trademark has exclusive rights to the trademark and can prevent anyone else from using it.

What are the rights of the owner of a trademark?

The owner of a trademark has the right to prevent others from using marks that are “confusingly similar” and, by doing so, unfairly competing with the trademark owner. A trademark can represent a product or service, or feature of a product or service.

Where do I go to trademark my Name?

In the U.S., trademark registration is handled on the federal level through the United States Patent and Trade Office (PTO). Registering a trademark with the PTO is not required by law, but is highly recommended for the benefits conferred on the trademark owner.

The USPTO often uses the term “trademark” when referring to either trademarks or service marks. When the USPTO approves a business name as a registered trademark, the owner has exclusive rights—at the state and federal level—to use the name.

What do you need to know about trademark protection?

However, it’s a good starting point until you have time to register your trademark with the U.S. Patent and Trademark Office. Although trademark protection by use gives you protection via common law, trademark by registration offers more protection. This includes: The exclusive right to use the trademark nationwide to distribute goods and services

How to protect your name as a business?

Register your business name to protect it 1 Entity name protects you at state level 2 Trademark protects you at a federal level 3 Doing Business As (DBA) doesn’t give legal protection, but might be legally required 4 Domain name protects your business website address

Can a business in the same industry use the same trademark?

If one business has a trademark, and another business in the same industry uses it, that’s a trademark infringement. However, two separate businesses in different industries can use the same trademark since it’s not confusing to the consumer. What laws protect my trademark?