What happens if you don’t trademark a logo?
If you decide not to trademark your logo, you do acquire trademark rights simply by using it in connection with your products or services. This is referred to as “common law” trademark rights. … If you plan on using your trademark in more than one U.S. state, you will need to file with USPTO.
Do you really need a trademark?
It does not matter whether you’re selling products or services under your business’ logo and name — a trademark can be essential. If you’re conducting operations as a business, you should be looking into whether or not you should be registering a trademark before doing so.
Can you have a brand without a trademark?
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.
Can you sue without a trademark?
Under federal law, you are not required to register your trademark to obtain formal legal protection—meaning you can still sue for infringement even without registration. … To obtain the maximum level of protection for your brand, it is strongly recommended that you register your trademark.
Should I use my logo before trademarking it?
Registering your mark gives you legal protection and lets the public know you own the mark. In fact, the mark ¨ can only be used after the logo is actually registered with the U.S. Patent and Trademark Office (USPTO).
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.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
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.
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.
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.
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.