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.
Can an LLC hold a trademark?
There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.
What qualifies as trademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
What are the five steps in registering a trademark?
Follow these five steps.
- Come up with a unique brand name for your product.
- Hire a trademark attorney.
- Perform a trademark search on the selected brand name.
- File your trademark application with the USPTO.
- Follow through with the USPTO during the application process.
Should I get an LLC or trademark 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.
What comes first trademark or LLC?
What Cannot be protected under trademark law?
Generic marks are entitled to no protection under trademark law. Thus, a manufacturer selling “Computer” brand computers (or “Apple” brand apples, etc.) Generic terms are not protected by trademark law because they are simply too useful for identifying a particular product.