Question: Should I Copyright My Business Name?

Does your LLC name matter?

LLC names and domain / website names are completely separate issues.

Whether having different names is a good idea is a separate business, rather than legal, issue.

An LLC (or corporation for that matter) need not have the same name as its website or product..

Does your LLC have to be your business name?

Limited liability companies (LLCs) and corporations must establish their legal names when registering the business. Unlike other business structures, the business legal name for LLCs and corporations does not have to include any of the owners’ names to be the business name.

How do you stop someone from using your business name?

To protect your name, you should register your business in your state, perform a trademark search to ensure it is not trademarked, and use the name immediately on products, services, and advertising to show other businesses that the name is already claimed.

Can I use a name for a business that already exists?

DBA name registration applies only at the county or state level. A company can also register its name with the U.S. Patent and Trademark Office. A trademarked name is protected on a national basis. If a company name already exists as a trademark, you can’t use it even if the company doesn’t operate in your state.

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 are the 3 types of trademarks?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

Can I use the word Enterprise in my business name?

When choosing a business name, keep the following tips in mind: … Don’t use the word “Enterprises” after your name; this term is often used by amateurs.

How do you tell if a logo is trademarked?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

Should I trademark my business name before forming my LLC?

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.

Should I own my trademark or should my company?

The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. This is an important decision and naming the proper owner for purposes of registration is critical to maintaining a valid trademark.

While copyright protects your work authorship, a trademark protect all the details so no one else can use it. Trademark protects details like: mark, name, font, colors. If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans.

Can a trademark have two owners?

A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. … As with any trademark, a jointly owned trademark must be used to promote or sell goods or services.

Should an artist trademark their name?

To prevent others from using your name for any reason, including merchandise, you should register it as a trademark. … If you are a single artist, then you will own the trademark. However, if you are a collective or group of people, you will have to ensure that each band member has shared ownership of the name.

Can two companies have the same name?

The name of a company is not necessarily a trademark, so you are conflating two different concepts: A company name is the legal identity of the company, like your name is for you. … In general, within the same jurisdiction, you cannot have two company names that are the same.

Is an LLC a trademark?

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. … While the process of registering a trademark is more involved than registering a DBA, rights to your name will be enforced by both federal and state governments.

How do I protect my business?

Ensure the foundation of your business is secure by following these steps:Establish employment agreements. … Apply for trademarks, patents & copyrights. … Secure your information. … Sign confidentiality agreements. … Incorporate your business.

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.

Can I use a company’s logo without permission?

A logo or trademark is any photograph, word, or symbol used to identify a brand, service, or product. … A person or company should never use a trademark or logo without written permission from its owner. To get permission, write a letter to the trademark owner.

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

Brand names or logos Brand names and logos are IP assets (trademarks) worth protecting. Registering your trademark gives you 15 years of exclusive rights to use it, and you can renew it indefinitely, as long as you are still using the trademark.