Should I trademark my business name before forming my LLC?

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 you need an LLC to get a trademark?

No, you don’t need an LLC to register a trademark. Think of a trademark like a car – you can own it personally, or you can co-own it with someone else, or it can be owned by a business entity, such as an LLC or corporation. You can also rent it out – for trademarks that’s called licensing.

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

Can you start a 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.

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Is it important to 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. …

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.

Can someone steal my 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.

Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. … So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.

A brand can be represented in various ways, including a business name, a catchphrase or a stylized image. For example, the name “Nike” and Nike’s “swoosh” logo both represent Nike’s sale of goods. Nike uses these trademarks for the sale of items in different categories, such as shoes, athletic clothing, and more.

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Can two companies have same name?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House.

Can two LLC have the same name?

Can Two LLCs or Companies Have the Same Name? Yes, with some exceptions. … Others can form LLCs and businesses in other states that have the same name as yours. If you want to protect your business name across all states, you will need to trademark it.

How much does it cost to trademark your business?

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.

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