Having a registered trademark can protect your company’s brand by keeping competitors from using the name of your company or your products.
Unfortunately, many small business owners believe that trademark registrations, and the entire field of intellectual property, are only for international companies. Not true.
The hard work of the small business owner and the protection of their brand are important. Think about it — your company’s reach becomes international through its website. The platform is smaller, but the reach is not.
This article will explore the benefits of having a registered trademark and how to go about applying for one to protect your business’s name and brand.
A trademark is a legal protection that distinguishes your business name, logo, or other branding elements from others. It helps prevent others from using similar marks that could cause confusion among customers. There are different types of trademarks, including:
Depending on your needs, one or more of these trademarks might be right for your business.
A business needs to protect its brand. It’s wise to be proactive about protecting your business’s name, symbols, or designs. Those things are how clients recognize you and differentiate you from your competitors. But trademark registrations are a choice, not a requirement.
A trademark registered with the U.S. Patent and Trademark Office (USPTO) will extend protections under federal law where common law cannot. The use of an unregistered name or logo is known as a “common law” trademark, and these are harder to protect and enforce. They usually only apply at the local level.
Trademarks also exist at the state level. A state trademark will only offer protection within your state’s borders, but the process and fees are generally easier, faster, and less expensive than getting a federal trademark.
Obtaining a trademark for your business name or logo offers several advantages.
Note: some of these benefits don’t necessarily apply to common law trademarks, just the other ones.
Yes. But there are clarifications to this “yes” answer.
It must be made clear that a limited liability company (LLC) name registered at the federal level doesn’t provide blanket protection. Let’s consider the following.
1. A trademark registration protects the brand at the federal level.
2. A DBA or a fictitious name often doesn’t protect anything in many states, but registration is required in most states.
3. A domain registration protects the website address but not the content.
These registrations are independent.
It may be in the best interests of a business owner to trademark the LLC name associated with its products and services.
This subsection will address what is and isn’t a business requirement.
The registration of an LLC name at the state level is required to conduct business in the state. The protection of the name is part of the purpose of the registration.
The protections at the state level don’t extend to the protection of the website address. A domain registration is required to protect the address.
A trademark is not required to conduct business. However, there won’t be any protection for the brand without a registered trademark.
Even if you don’t plan on registering a trademark, conducting a trademark search is essential to avoid potential infringement issues. A federal trademark search can be performed through the USPTO’s online database, while state trademark searches vary by state; you’ll have to do an Internet search to see what agency in your state handles trademarks. Most states have a search engine for their state trademarks.
Conducting a thorough search helps ensure that your chosen mark is not already in use by someone else.
The name to register with the USPTO falls under a similar premise as the state. The trademark, or “mark,” must be available and original to the business.
You can file the application online after establishing an account when and if the name and logo qualify for registration. Not all applications will result in a registration, and the fees are not refundable. For full details on the process of applying for a federal trademark, visit the USPTO website.
If the USPTO determines that an application meets the minimum requirements, a serial number is assigned, and an attorney conducts the examination. The attorney searches for conflicting marks in use against the application.
It is the business owner’s responsibility to monitor the process and timely respond to any deficiencies or corrections within the application. Generally, the USPTO will abandon an application if it doesn’t receive a response to any inquiry within three months.
The examining attorney will issue the mark when all requirements and concerns are satisfied. The trademark application and registration are public record and searchable on the USPTO website.
The trademark’s owner (usually the business) must keep the registration current by filing the necessary maintenance documents. If the registration should lapse, it is canceled, and the process starts over at Step 1 with no guarantee of approval.
The above instructions don’t cover every aspect of the federal trademarking process. For guidance on the full process, see the USPTO website.
It’s best practice for you to first register the LLC with the domicile state. This way, you can establish the LLC as the owner and have the LLC apply for the trademark; the trademark must be applied for by the trademark’s legal owner.
However, if you registered the LLC name with the USPTO before the entity was formed, then the LLC will need to purchase the mark from you. This will involve another application process and fees, but it can be handled.
Ultimately, the LLC will be the owner of the mark with the exclusive right of use.
While ZenBusiness doesn’t handle trademark filings, its services, such as registered agent service and annual report filing, can free up your time to focus on the trademark process. If you’re just starting out, we can help form your LLC starting at $0. Let us help you establish a solid foundation for your business.
These are different things. An LLC is a business entity type. A trademark is a word, phrase, design, or symbol (or a combination of these) identifying your goods or services. A trademark helps people recognize you in the marketplace and differentiate you from your competitors.
Yes. Trademarks should be registered under the LLC as it will use the name and the logo to conduct its business. A trademark is an intangible asset of the business.
Maybe. This may become necessary if the name chosen for the LLC can’t meet the requirements for trademark registration.
The USPTO’s initial application fee is $350 per class of service or product for a standard filing. If the option is the “plus” level, the initial application fee is $250 per service or product, but there will be additional fees throughout the application process. There may be additional fees for intent-to-use applications.
While obtaining a trademark is not legally required, it’s highly recommended for businesses that want to protect their brand identity. Trademarks provide legal rights and ownership over your business name or logo, and they serve as a valuable tool in preventing others from using similar marks that could confuse customers. By securing a trademark, you establish a strong foundation for your business and reduce the risk of infringement issues.
If you value your LLC’s name and want to safeguard it from potential misuse or infringement, obtaining a trademark is a wise decision. It helps ensure that others can’t use a similar name for their business, reducing the risk of confusion in the marketplace and safeguarding your brand’s reputation.
A company may need a trademark for several reasons. First, a trademark serves as notice to others that your brand name or logo is protected, dissuading potential infringers from using similar marks. It establishes your brand’s identity and helps differentiate your business from competitors. A trademark also provides legal protection of the trademark, proof of ownership, and the right to sue in case of infringement. Additionally, a federal trademark allows you to use the trademark symbol (®) and helps stop the importation of goods with infringing trademarks, protecting your brand’s reputation.
If you don’t have a trademark, you’re at risk of facing various challenges and potential infringements. Without a trademark, others could use a similar business name or logo, leading to confusion among customers and dilution of your brand’s uniqueness. You may have difficulty enforcing your rights or pursuing legal action against infringers.
Additionally, without a trademark, it becomes harder to establish and protect your brand identity, potentially impacting your business’s growth and reputation. It’s important to consider the potential consequences of not having a trademark and the benefits that come with securing one for your business.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
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