Should I incorporate or trademark first?
Entrepreneurs often ask whether they should incorporate, trademark or patent their inventions when they start their businesses. The default answer is always – no. Entrepreneurs should only incorporate, trademark or patent their inventions when absolutely necessary because doing so is expensive and time consuming.
Should you or your LLC own the trademark?
The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. This is an important decision and naming the proper owner for purposes of registration is critical to maintaining a valid trademark.
Can a business run without a trademark?
Do I Need a Registered Trademark? As long as you are otherwise obeying the legal obligations of running your business, such as having the correct licences, paying taxes and abiding by consumer law, among other things, then you technically do not need to have a registered trademark.
Is it worth trademarking a 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.
When can I start using my trademark?
Once the USPTO approves your intent-to-use application, you must start using the name in commerce within six months. Keep in mind it should take at least several months for the USPTO to process and approve your application. If you are still not ready six months after approval, you can file for an extension.
Should I trademark my business name or logo?
Over time, your customers associate your logo with your company, as Nike has with its swoosh and McDonald’s has with its arches. Generally speaking, you should apply for trademark registrations for your business name, logo, slogan and designs separately.
How much does it cost to trademark a name and logo?
The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees….Trademark Cost.
| National Average Cost | $424 |
|---|---|
| Average Range | $275 to $660 |
Is it worth registering a trademark?
Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business. If you do not protect your trademark by registering it, then you may find you are legally prevented from expanding your business.
What’s the point of trademarking a 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.
When should you apply for a trademark for your business?
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.
Is it too late to register a trademark?
There is one good reason to register your trademark right away: delaying your application increases the risk of infringement. To ensure you retain the rights to your trademark you should consider filing an application now, even if your product is not yet market-ready. Building a successful brand takes time.
What are the benefits of registering a trademark?
Registering a trademark allows you to use a mark exclusively. When you use the mark on your packaging or in marketing materials, it should ensure that your customers can distinguish your items from other similar products from competitors.
How long does it take to register a trademark in USA?
As the name suggests, businesses can apply for trademark registration based on the assumption that they intend to use the mark in commerce sometime in the near future. Once the USPTO approves your application, it requires you to start using the mark in commerce within six months.