- How long does a trademark last?
- What happens if someone trademarks your business name?
- Should I get my logo trademarked?
- How do you tell if a logo is trademarked?
- Do you need permission to use a logo?
- What are the 3 types of trademarks?
- Can I put TM on my logo without registering?
- Is copying a logo illegal?
- Does an LLC need a trademark?
- Can I trademark my business name for free?
- Do I need to trademark my business name and logo?
- Is it better to trademark a name or logo?
- Do I need an attorney to file a trademark?
- Should I get a trademark or LLC first?
- Who should own a trademark?
- Can I trademark my own name?
- Is it legal to copy a logo?
- How can I legally create a logo?
How long does a trademark last?
10 yearsA registered trademark is valid for 10 years from the date of registration, and can be renewed every 10 years.
To renew a trademark the owner must pay a government renewal fee.
In general, renewal requests will only be accepted six months before or after a renewal deadline..
What happens if someone trademarks your 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.
Should I get my logo trademarked?
Trademarks protect words, names, symbols, sounds and colors and distinguish one company’s goods and products from another. Trademarking a logo not only protects it from being used by other similar companies, it also protects a company from unknowingly infringing upon an existing logo.
How do you tell if a logo 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.
Do you need permission to use a logo?
You need permission to use a logo unless it is for editorial or information purposes, such as when a logo is used in a written article or being used as part of a comparative product statement. … A person or company should never use a trademark or logo without written permission from its owner.
What are the 3 types of trademarks?
Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;
Can I put TM on my logo without registering?
The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.
Is copying a logo illegal?
The simple answer: Logos are not copyrighted, they are actually trademarked. Whether or not legal action is taken for replicating a trademarked logo is fully up to the company or entity that owns the trademark. A company still has legal rights to their logo even if it’s not trademarked.
Does an LLC need a trademark?
If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. … While the process of registering a trademark is more involved than registering a DBA, rights to your name will be enforced by both federal and state governments.
Can I trademark my business name for free?
You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.
Do I need to trademark my business name and logo?
A small business needs to protect its intellectual property, which includes its business name and logo. … Generally speaking, you should apply for trademark registrations for your business name, logo, slogan and designs separately.
Is it better to trademark a name or logo?
Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.
Do I need an attorney to file a trademark?
When you’re looking at registering a trademark for your business, you might not be too clear on whether you should do it yourself, hire a lawyer or use a trademarks attorney. … We recommend that you use a trademarks attorney, or if you decide to use a solicitor, make sure that they have IP and or trademark experience.
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.
Who should own a 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 I trademark my own name?
Want to trademark your name? It can be done, but first, ask yourself why you want to spend the money – and time – to trademark your name. You must also meet specific requirements to trademark your name with the U.S. Patent and Trademark Office (USPTO).
Is it legal to copy a logo?
When you design a logo, you want to protect your logo from someone else using it. Logo owners can seek copyright protection for their design, which prohibits another company or an individual from reproducing part or all of your logo without your permission. … Both a copyright and a trademark can cover a logo.
How can I legally create a logo?
Before trademarking your name or logo, you need to conduct a trademark search to make sure no one else is already using a similar one. You can do so with the help of a tool called Trademark Electronic Search System (TESS), which you can find on the official website of the United States Patent and Trademark Office.