Quick Answer: Should I Get A Trademark Or LLC First?

Is LLC the same as trademark?

A trademark application may only be filed by the owner of the mark.

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..

What happens if someone trademarks your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

LLC: The LLC itself would own the copyright in the articles, posts, and other content created by its employees (if any) in the course of their jobs.

Can a person own a trademark?

The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. … A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates etc.

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

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 my LLC own my trademark?

Remember that the Owner of the Mark is not necessarily the name of the person filling out the form. The Owner of the Mark is the legal entity that owns the mark. It could be an LLC, a corporation, or perhaps an individual citizen.

Should I trademark my business?

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 someone steal your business name?

So, while your trademark can be the same as your trade name, your trade name is not a trademark. … And a business who steals or infringes on another businesses trademark can face consequential monetary damages from State and Federal courts if they don’t stop doing it.

Can two companies have same name?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.

Is it worth getting a trademark?

Entrepreneurs often ask whether they should incorporate, trademark or patent their inventions when they start their businesses. The default answer is always – no. Entrepreneurs should only incorporate, trademark or patent their inventions when absolutely necessary because doing so is expensive and time consuming.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

How do I get a free trademark?

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

How long does trademark last?

ten yearsYour trade mark registration lasts for ten years from its filing date. You can renew your trade mark registration 12 months before your renewal is due, or up to six months after. You will need to pay extra fees if you renew after the due date.

Can you make money off a trademark?

Trademarks can be used to make you more money with minimal effort. … Because they don’t cost you anything to create and can be turned into a money-making machine with very little investment. Most of us have thought of a catchy name, slogan or phrase but did not know how to monetize it and use it to make money.

Can you sue someone for using your 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.