There’s no legal requirement for you to register a trademark. Using a business name can give you ‘common law’ rights, even without formally registering it. … For example, if someone happens to be using your company name as their Twitter handle.
Do you need a trademark to start a business?
Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.
What happens if you don’t have a trademark?
If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.
Can I use a business name if it is not trademarked?
A business name generally can be protected as a trademark under federal and state trademark law. … As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.
What comes first LLC or trademark?
It all is dependent upon your situation and circumstances. Though generally speaking, forming the LLC before filing for your trademark is typically the best way to go.
Can an LLC own a trademark?
There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.
Is it mandatory to trademark a logo?
By common law, a logo is trademarked as soon as it’s used in commerce. … However, if you ever wanted to dispute another organization for using your likeness, your trademark would have to be registered with the U.S. Patent and Trademark Office.
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.
Is Chick fil a trademark?
Chick-fil-A, Inc. is the largest American fast-food company with a focus on chicken and the 3rd largest fast -food company overall. … This led him to register the name Chick-fil-A, Inc. as a trademark and in 1967, the first Chick-fil-A location was opened in a food court in a suburban Atlanta mall.
How much does it cost to create a trademark?
The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees.
|National Average Cost||$424|
|Average Range||$275 to $660|
How much is it to trademark a name?
What Does Trademarking a Name Cost? 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.