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.
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.
Does an LLC protect your 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 know if my business name is already taken?
Is my business name taken? The best way to find out if your business name is taken is to do a business entity search within your state, check Federal Trademark Records, and search the web to find businesses with the same or a similar name.
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.
Is it worth trademarking a business name?
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 comes first LLC or trademark?
But generally speaking, it is best to form the business first. … If the plan is to form an LLC to operate your business using that trademark, then the LLC should be the trademark owner. So the LLC needs to exist before the application is filed. Let’s say we file the application for the trademark first.
What happens if I don’t trademark my business?
If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.
Can I trademark a name that already exists?
If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.
How do you know if a business name is trademarked?
You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.
What is the difference between a DBA and LLC?
A limited liability company (LLC) is a business entity type that provides limited liability protection. A DBA (doing business as) name is simply a registered name for a business.
How do I make sure no one steals my logo?
How can I trademark my business logo?
- Do a trademark search in USPTO or EUIPO for similar trademarks to make sure yours doesn’t conflict with another registered mark. …
- Complete a trademark application. …
- Wait and monitor for progress.
How do you secure a brand name?
What’s one thing you’ve done to protect your brand legally that you think all founders should do?
- Protect Your Web Content. …
- Set up Google Alerts. …
- Use IP Protection. …
- Create a Distinctive Mark. …
- Register Your Trademark. …
- Get a Patent. …
- Create an Employee Handbook. …
- Trademark Your Brand.
Does registering a company protect the name?
Incorporating a new company will prevent other businesses from registering the same, or a very similar, company name to yours. A trade mark is a sign which can distinguish your goods and services from those of your competitors. Registering a company name does not automatically protect it by trade mark law.