Quick Answer: Can I Trademark My Own Name?

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code).

Trademarks protect the use of a company’s name and its product names, brand identity (like logos) and slogans..

Can I trademark a name without a business?

The Benefits of a Trademark Trademarks are managed by the U.S. Patent and Trademark Office (USPTO). 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.

When should I trademark my name?

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 an LLC own a trademark?

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.

Does my logo need a trademark?

By common law, a logo is trademarked as soon as it’s used in commerce. … However, if you ever wanted to dispute another organization for using your likeness, your trademark would have to be registered with the U.S. Patent and Trademark Office.

What does the R in a circle mean?

registered trademark symbolU+24C7 Ⓡ CIRCLED LATIN CAPITAL LETTER R. The registered trademark symbol, ®, is a typographic symbol that provides notice that the preceding word or symbol is a trademark or service mark that has been registered with a national trademark office.

How do I protect my business name?

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the U.S. from using your trademarked names.

What are the 3 types of trademarks?

There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.

How long does trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

Is a trademark necessary?

It does not matter whether you’re selling products or services under your business’ logo and name — a trademark can be essential. If you’re conducting operations as a business, you should be looking into whether or not you should be registering a trademark before doing so.

What is the cheapest way to trademark?

The Cheapest Way to Trademark The trademark is automatic. However, unregistered trademarks provide a weak form of legal protection. It can be difficult to defend an unregistered trademark in court if its use is challenged. Registering your trademark confers stronger protections.

What happens if someone trademark your business name?

The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court.

How hard is it 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.

Can a personal name be trademarked?

To be protected as a trademark, a personal name must be used as a trademark—the name must be used as a source identifier, to distinguish the goods or services of a particular source. … In addition to use as a trademark, a showing of secondary meaning is required to protect a name as a mark.

How much does it cost to TM a name?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees.

Do I need a lawyer to trademark a name?

No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO).

Documents required for filing a Trade Mark Application in India:Trademark or logo copy.Applicant details like name, address, and nationality and for the company: the state of incorporation.Goods or services to register.Date of first use of the trademark in India, if used by you prior to applying.More items…

What is common law trademark protection?

A common law trademark provides protection for a symbol, logo, product name, or other words or marks that identify the source of goods or services before it is registered with the state or federal government.

Can I use a dead trademark?

A dead trademark will not be used in evaluating pending trademarks. A DEAD trademark means that the trademark has been abandoned or canceled for one reason or another. Technically speaking, a dead trademark is available for use and registration by somebody else.

What happens if my trademark expire?

If your trademark is canceled or it expires, it can be still under common law protection, provided that you have continued and continue using it for the same purposes of its original intent.