How do you legally protect a brand name?
One of the best ways to protect your intellectual property is to register a trademark for your brand name, logo, designs, slogans, and any words associated with your brand. Obtaining a registered trademark for your brand’s IP will allow you to use the registered trademark symbol “®” in conjunction with these assets.
Do I need to copyright my brand 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 do you secure rights to a name?
There are three ways to secure your rights in your trademark : (1) use the mark in commerce in connection with a good or service; (2) register the trademark with your state; or (3) register the trademark with the United States Patent and Trademark Office (“USPTO”).
Do I have to trademark my logo?
You should consider registering Trademarks to protect any features that you use to identify your brand. Many businesses register a number of Trademarks, for example, one to protect their brand name, another to protect their logo and another one to protect a tagline.
How do I make sure no one takes 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.
Can you get sued for similar logo?
One of the most common forms of infringement occurs when a company attempts to use a logo that looks similar or uses similar language as another copyrighted logo. If the competing logo creates confusion, then its owner could face legal action for infringement.
How do I stop someone stealing my business name?
How to Protect Your Brand and What to Do If Someone Steals it
- Protect your unique brand name / logo. If you have a unique brand name or logo, protect it. …
- Make a paper trail. …
- Watch for trademark violations. …
- Keep your domain. …
- Trademark your new name BEFORE releasing it. …
- Register your new domain. …
- Announce the change.
Can I trademark my name?
But a trademark can be a word, phrase, letter, number, sound, scent, logo, shape, packaging or picture. … “If you have a business or you are a brand in yourself such as an entertainer or sporting star, you may apply for a trademark on goods and services to protect your brand to protect them from similar businesses.
What happens if someone trademarks your business name?
If the other business has a trademark, the current owner can infringe upon this legal protection by using the same company name. … If there is a trademark in place for his or her company and someone else created a new entity with the same name, this owner can pursue a legal claim and contact a lawyer for a legal remedy.
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.
Do I need to trademark my small business name?
Registering a business name is a legal obligation, if you choose to identify your business with a name that is different to the name of the legal entity that owns the business. Registering a trademark is a choice you make as part of a branding strategy for your products and services.