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 trade without a trademark?
Once a brand is established, you can license or franchise those trade marks to others. … This is impossible without registering a trade mark.
Is a trademark necessary?
You don’t necessarily have to register your trademark with the U.S. Patent and Trademark Office (USPTO), but you can benefit from it. U.S. trademarks can last forever, as long as the trademark is used in commerce and defended against infringement.
Is it illegal to say something is trademarked when it isn t?
The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. … But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble.
What happens if someone else trademark 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.
Is it easy to get a trademark?
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.
Can I trademark a similar name?
Registering a trademark gives a business protection for its use in the U.S. This means that other parties are not allowed to use a business’s trademarks when they are conducting business. … It is still possible for two different businesses to have similar names are marks.
Can anyone buy a trademark?
You must tell IPO if you become the new owner of a trade mark, for example by buying it or as the result of a company merger. In some cases the owner may only sell you one part of a trade mark, for example they may not sell the right to register derivative marks. This is known as a ‘partial assignment’.
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.
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.
Can I sell on Amazon without a trademark?
Yes, you can sell on Amazon without joining the brand registry. However, it does come with a few risks. The most common is having your listings hijacked by the competition selling counterfeit or knock-off products. Another common problem is low-cost manufacturers selling a similar product at a reduced price.