Does a trademark override a business name?
No, but it is prudent to do so. A registered trademark enjoys the protection of the Trade Marks Act 1995 (Cwlth), as well as the protection of the general law. A business name is the name that the legal entity that owns the business will use to promote the business.
Can you trademark a 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.
What happens if someone trademark your business name?
With a trademark, you get the legal protection that stops other companies from committing infringement. When you register a trademark, you will be able to: Sue any company that copies your product based on your trademark. Stop infringing companies from exporting and importing to the United States.
How do I protect my business name from being used?
Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the United States from using your trademarked names.
Can someone take your business name?
Anyone can snatch up a business name and use it for their own business. There’s no one uniform database or agency that ensures only one business is using a specific business name. Federal, state and local laws may all offer tools you can use to protect your company name and preserve your rights as the business owner.
Is it better to get an LLC or trademark?
As with most things, there’s no one right answer. It all is dependent upon your situation and circumstances. Though generally speaking, forming the LLC before filing for your trademark is typically the best way to go.