Generally speaking, you should apply for trademark registrations for your business name, logo, slogan and designs separately.
In this way, How do I protect my business name?
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.
Hereof, What are the 3 types of trademarks?
Different Types of Trademarks
- Descriptive Trademarks;
- Merely Descriptive Trademarks;
- Generic Trademarks;
Consequently Can my name be my logo? A brand can be represented in various ways, including a business name, a catchphrase or a stylized image. For example, the name “Nike” and Nike’s “swoosh” logo both represent Nike’s sale of goods. Nike uses these trademarks for the sale of items in different categories, such as shoes, athletic clothing, and more.
In this regard, 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.
Can someone steal my 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.
17 Related Questions and Answers
Can someone use my business name?
Once you register, nobody else can use the name locally, which protects your business brand. If someone new starts using your name, contact the city or county office you registered with. It may be the new business hasn’t registered its DBA. In that case, the county can inform the company it’s violating the law.
Is it worth trademarking a business 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.
Why are trademarks so valuable?
With a trademark, you retain exclusive rights to mark your products, with no one else being allowed to use your symbol, name, or slogan in that particular region. … Trademarks provide protection for both businesses and consumers, making them an important part of running a successful company.
What names Cannot be trademarked?
What Can’t Be Trademarked?
- Proper names or likenesses without consent from the person.
- Generic terms, phrases, or the like.
- Government symbols or insignia.
- Vulgar or disparaging words or phrases.
- The likeness of a U.S. President, former or current.
- Immoral, deceptive, or scandalous words or symbols.
- Sounds or short motifs.
Is logo a trademark?
Generally, logos and designs that are used as brand identities for representing businesses are protected as trademarks. As they are original artistic works that have an element of creativity, they are also protected as copyrights.
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. In order to prevent unauthorized use of your mark by third parties, you have to choose a strong one.
Should I copyright a logo?
Is a logo subject to copyright? Yes. A logo that includes artistic or design elements, (i.e. not just the name on its own), is legally regarded as being a work of artistic creation and therefore will be protected under copyright law. Copyright protects the logo as an artistic work.
How do I patent a name and logo?
No, It Isn’t Possible to Patent a Name
To protect your brand name and logo, you will need to utilize the trademark registration service. Both patents and trademarks are registered with the United States Patent and Trademark Office. You will need to submit the proper application and pay the appropriate fees.
What do you do if someone is using your business name?
If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.
Can 2 businesses have the same name?
Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.
How do I make sure no one can steal my business name?
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 know if someone is using my business name?
In most states, the website of the state business filing agency includes an online entity name check tool. You can use the online tool to search business names and find out whether another business is already using the name you have chosen.
What happens if someone trademark your business name?
The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court.
Can I get sued for using a company name?
No. Companies may sue you for trademark infringement and unfair competition if you exploit their brand names for commercial purposes. Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern.
Can two companies have same name?
A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House.
Should I copyright my business name?
You certainly don’t have to register the copyright and trademark your company’s name or logo. In the United States, you own the copyright as soon as you put original work on a piece of paper or computer drive, and you win a trademark as soon as you use your name and logo for marketing your business.
How much does it cost to copyright a name?
Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don’t want protection outside your state.
How do you copyright a logo?
Filing a Copyright Registration Application
Go to the U.S. Copyright Office website. Select “Electronic Copyright Registration” to fill in the Form VA online for registration of a work of Visual Arts. Name the creator of the logo and include contact information for the owner. Many logos are works for hire.
