Who can be a trademark owner?
When two or more entities come together jointly for the goods or services provided by them, they apply for joint ownership of the trademark of the goods or services provided. Where two legal entities jointly act as a proprietor of a trademark, they are said to be the joint owners of the trademark.
How do you legally own 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 register a trademark as an individual and later use it for my own company?
If you registered your trademark in your name personally (example: Sawyer, Tom INDIVIDUAL) and you intend for your new business to own the trademark, then you need to transfer the trademark and the trademark registration through a formal Assignment of Rights.
Can a sole trader own a trademark?
If your business operates as a sole trader, the trademark must be applied for in the business owner’s name. There are 2 methods you can use to apply which we will discuss and some other considerations. For a recap on how to register a trademark check out this infographic.
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 you have a trademark without a business?
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.
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.
How much does a trademark cost?
Filing Cost of a Trademark Application Online
The fees for electronically filed trademark applications generally range from $250 to $350 for each class of goods or services.
Do I have to trademark my logo?
You should consider registering Trademarks to protect any features that you use to identify your brand. Many businesses register a number of Trademarks, for example, one to protect their brand name, another to protect their logo and another one to protect a tagline.
How do you prove ownership of a trademark?
Proof of ownership in a trademark can be provided by a certificate of federal registration. It acts as a prima facie evidence of ownership of a mark.
Should I or my business own the trademark?
Since it applies the mark to the goods or uses it in advertising, it (not its owners!) is the correct owner. Owning the mark allows it to license or assign the mark, recognize the value in the mark for accounting purposes, use the mark as a security interest, or enforce the mark against infringers.
What happens when you own a trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.