Question: When Should I Trademark My Logo?

By common law, a logo is trademarked as soon as it’s used in commerce.

But, according to LegalZoom, this may only protect you in your immediate locale.

State registration will provide additional protection, and it’s relatively simple and inexpensive.

Federal logo trademark registration is a bit more of a process..

What does trademarking a logo mean?

A trademark logo is a design or symbol which represents a brand or organization. … Much like trademarking your business or organization’s name and slogan, trademarking a logo is imperative in protecting your intellectual property.

What if trademark is not registered?

An “unregistered trademark” is one which does not possess legal benefits. But in some cases, an unregistered trademark may get common law benefits. … Thus, owner of an unregistered trademark may be able to prevent use by another party of an infringing mark pursuant to the common law tort of passing off.

Do I need an LLC and a trademark?

When you own a small business, your name is everything. … If you’ve formed a corporation or an LLC, you have some protections against other companies in your state having the same name. But for brand protection, you may want to register your name as a federal trademark.

Are trademark engines good?

The bottom line is that the trademark monitoring service offered by Trademark Engine will do you no good unless you can actually afford to take legal action against potential infringers. Of course, Trademark Engine forgets to tell you that part.

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.

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.

What is difference between logo and trademark?

A trademark protects a slogan, phrase, word, company name, logo, or design that identifies a company and/or its goods. A logo is a symbol or design used by a company that may fall under trademark protection laws. Many businesses choose to apply for trademark protection on their logos.

Can I use the trademark symbol 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.

Do I need an LLC if I have a trademark?

To register a trademark, you’ll need to file an application with the U.S. Patent and Trademark Office. … 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.

Can you sell on Amazon without a trademark?

Yes, you can list products under your own brand without having the Brand Registry, however you won’t be able to protect your listings.

How much do Trademarks cost?

Provided that you are selling your goods at the time of the trademark filing, your total cost of registering a trademark will be the flat legal fee of $950 and US Government filing fee of $275 per class. Therefore, for a single class application the total cost of the process will be $1225.

What’s the difference between R and TM?

The TM symbol can generally be used by any person or business to indicate that a particular word, phrase or logo is intended to serve as an identifier for the source of that product or service. … The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service.

What does a trademark protects?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights. … This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment.

To copyright your logo, you need to use the copyright symbol. This familiar symbol of the letter “c” contained in a circle is the universal symbol for copyright. Include the symbol or word within your logo or right next to it. To trademark your logo, you need to register it and pay a fee.

Trademark Registration – How long does it take? There are several stages in trademark registration. The time scales below are indicative of how long it takes to register a trade mark from the date that it is filed, but overall the process can take between 3 and 8 months, and sometimes over a year.

What comes first trademark or LLC?

Llc first. You need a place to register your trademark. If you have to move it to your LLC later you will have to buy it from yourself. … FYI – if you are using a name or logo in commerce you already have some common law trademark rights.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

What are examples of trademark?

Five Classic Examples of Trademark1.) Name – Coco Chanel is a perfect example of a name that is a trademark. … 2.) Symbol – The McDonalds golden arch is a classic example of a symbol trademark. … 3.) Catchphrases – a catchphrase that is identifiable to a person or company that is used to sell merchandise can be trademarked. … 4.) … 5.)

Should my LLC own my trademark?

Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services. Since it applies the mark to the goods or uses it in advertising, it (not its owners!) is the correct owner.

How do I get a free trademark?

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.