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.
Should I register a trademark myself?
Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business. If you do not protect your trademark by registering it, then you may find you are legally prevented from expanding your business.
Who should own a trade mark?
They must own the trade mark in their full name. Sometimes more than one person may wish to own a trade mark jointly. For example, in the case of a business partnership. In this instance, the trade mark application must list all individuals’ names in full.
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.
What happens if someone trademarks 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.
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.
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.
What are the disadvantages of trademark?
Disadvantages of Descriptive Trademarks
- Not Qualifying for Registration on the Principal Register. …
- Descriptive Trademarks are Weak Marks. …
- The Trademark Registration Process May Cost More. …
- Your Marketing and Advertising Costs Will Increase. …
- Litigation Can Be Risky, Uncertain, and Expensive With a Descriptive Mark.
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 need a lawyer to trademark a name?
When you’re looking at registering a trademark for your business, you might not be too clear on whether you should do it yourself, hire a lawyer or use a trademarks attorney. … We recommend that you use a trademarks attorney, or if you decide to use a solicitor, make sure that they have IP and or trademark experience.
Can anyone get a trademark?
The applicant is not required to have U.S. citizenship but everyone must state his, her, or its citizenship on a trademark application. … A trademark for services will be considered in “actual use” when it is used or displayed in the sale or advertising of services and the services are actually rendered.
Can anyone apply for a trademark?
In the Trademark Registration form, the person whose name is mentioned as the applicant will be declared as the owner of the trademark once the trademark is successfully registered. Any individual, a company and an LLP can be an applicant and may file the application for the registration of the particular trademark.