Question: Should I trademark my small business logo?

A small business needs to protect its intellectual property, which includes its business name and logo. … Generally speaking, you should apply for trademark registrations for your business name, logo, slogan and designs separately.

The simple answer: Logos are not copyrighted, they are actually trademarked. Whether or not legal action is taken for replicating a trademarked logo is fully up to the company or entity that owns the trademark. A company still has legal rights to their logo even if it’s not trademarked.

Should I trademark my logo 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.

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.

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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 a company use my logo without permission?

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. Include a description of why you are asking and how the logo will be used. … However, even then, third parties cannot use logos without a specific agreement.

Go to the U.S. Copyright Office website. Select “Electronic Copyright Registration” to fill in the Form VA online for registration of a work of Visual Arts. Name the creator of the logo and include contact information for the owner. Many logos are works for hire.

What happens if you don’t 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 two businesses have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

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Can someone else trademark my business name?

A registered trademark offers legal protection to unique logos, designs and names your business uses. You can’t file to register a trademark that someone else is already using if they used the trademark first.

Is it better for a company or person to own a trademark?

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.