Who is the trademark owner?
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.
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.
What if someone owns 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.
Do I really need to trademark my logo?
Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. … So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.
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 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.
How long does it take to trademark a business name?
Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.
Can I trademark a name already in use but not trademarked UK?
replied 4 years ago. You would have a hard time keeping the mark at that point – because you are using a name which belongs to someone else. … So yes, in the short term you can trademark a name, but it may well be open to challenge.
What can I do if someone is using my business name?
If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.