Should I Trademark My Small Business Name

As an entrepreneur, you have many options for paying yourself, but each has tax implications. In trademark disputes, the USPTO will consider who used a trademark first, whether registered or not. A registered trademark gives you concrete legal proof of the first date of use of your trademark – a counterfeit trademark that comes later cannot claim in such a case that it used a trademark in front of you. Unregistered trademarks are much harder to prove because the USPTO would not have official documents and it`s up to you to provide the proof. But what if you mark your company name? Will this prevent other companies from using it? If you`re in the Greater Los Angeles area or Orange County, call (949) 394-6930 to make an appointment to discuss your brand requirements. In addition, you should know that mohsen Parsa Law Firm is a full-service business law firm that offers businesses a full range of legal services related to your business. We look forward to building a partnership with you that stands the test of time. Call today to get started. If, under the common law, you begin to use your particular symbol, slogan, logo or image on your packaging, product labels or product, and your company is associated with that particular phrase, colour combination, shape or image, you may own the rights to those trademarks.

However, customary law does not offer substantial protection for your symbol, slogan, logo or image. Common law trademarks are limited. They are also extremely difficult to protect and enforce. When you register a trademark, you get several advantages: The United States Patent and Trademark Office (USPTO) defines a trademark as “a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.” Trademarks provide name protection to businesses and registering a trademark is the way to ensure that this protection can be documented and enforced. Your company name is one of your company`s most valuable assets. It is a symbol of your reputation, and so you are known to the outside world. If a competitor starts using your name, you probably won`t be happy about it. You can start the trademark process on the website of the United States Patent and Trademark Office. The application can be completed fairly quickly, but the whole process can take several months. What does that mean? If you started a business physically related to your state (for example. B a boutique store) and you never plan to expand to other states, registering your name with the state or county may be sufficient trademark protection for you. However, if you plan to do business outside of your own state or even on the Internet, you should look into trademark protection.

Here are six of the reasons why limited liability companies have become a popular choice for small businesses. When you start a new business, you will need to choose a name that can be used in your state and that does not infringe on another company`s trademark. After you file your trademark application, you must respond to the USPTO`s comments in a timely manner. An examiner may request corrections to his or her application, additional documents or answers to additional questions. Filing your application triggers a 30-day period during which other parties can challenge your trademark if they believe it would infringe their existing trademark and cause confusion. If a party objects to your application, you must work with the USPTO`s Trademarks Trial and Appeal Board to resolve the issue. A trademark is a word, logo, phrase, symbol or design used to mark a good and distinguish it from all other products. A service mark is a word, logo, phrase, symbol or design used to mark a service and distinguish it from all other services. However, people often use the term brand to refer to both. Their purpose is to protect against confusion among consumers.

Before attempting to register a trademark with the USPTO, you must perform a trademark search using a trademark search service or the USPTO`s electronic trademark search system to determine if someone else has registered a similar trademark for a similar type of goods or services. While it`s pretty easy to apply for a trademark, you should still consult a lawyer. A lawyer can help you search more thoroughly for the same or similar names, complete the often technical and confusing application, and keep track of your application. If you decide that your name is eligible for trademark registration, you can apply for trademark registration online. When you register your name as a standard trademark, your brand name covers your name in the font, color, or design of your choice. You can also register your name as a special character mark that represents your name in a specific color, font, or design, but your trademark only extends to the design you submit. Experienced trademark lawyers can perform a comprehensive search of all trademark registrations to ensure that the symbol, slogan, logo or image is available for the trademark. .