Do I need an LLC if I have a trademark?
To register a trademark, you’ll need to file an application with the U.S. Patent and Trademark Office. … If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC.
Should you 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.
Do I need to trademark my business name?
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.
Do I need both trademark and copyright?
Both are legal protections for intellectual property, but not of the same kind. Intellectual property that can be trademarked cannot be copyrighted. Intellectual property that can be copyrighted cannot be trademarked. For example, a company can trademark its name and logo and copyright its videos and books.
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 an LLC cost?
The main cost of forming a limited liability company (LLC) is the state filing fee. This fee ranges between $40 and $500, depending on your state.
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.
Should I trademark my business first?
In most cases, you should form your business first and then file the trademark application in the name of the business. Moving in this order reduces legal costs and helps avoid pitfalls in the trademark registration process and beyond.
How long does a trademark take to get approved?
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.
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.
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 much does it cost to trademark my business name?
Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don’t want protection outside your state.