Is It Possible To Trademark A Name?

Can someone use my LLC name?

In many states, business formation laws do not regulate “doing business as” or “dba” names used by sole proprietors, partnerships, or even corporations and LLCs.

Thus, your business registration may not stop another entrepreneur from doing business under a name that’s similar or even the same as yours..

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.

What happens if you don’t have a trademark?

Having an officially registered trademark for your business is not actually a legal requirement. … However, if you do not have a registered trademark, the legal position is that you do not have good legal rights to your name or brand. You may not even own your name or your brand.

Should I trademark my artist name?

To prevent others from using your name for any reason, including merchandise, you should register it as a trademark. … If you are a single artist, then you will own the trademark. However, if you are a collective or group of people, you will have to ensure that each band member has shared ownership of the name.

A copyright protects literary and artistic works, while a trademark is more focused on protecting items that define and identify a company’s brand, such as a logo. … Copyright and trademark provide you with that kind of protection, so it is imperative that you register for both and make sure you protect your brand.

Can two companies have the same name?

The name of a company is not necessarily a trademark, so you are conflating two different concepts: A company name is the legal identity of the company, like your name is for you. … In general, within the same jurisdiction, you cannot have two company names that are the same.

Can I use a name for a business that already exists?

DBA name registration applies only at the county or state level. A company can also register its name with the U.S. Patent and Trademark Office. A trademarked name is protected on a national basis. If a company name already exists as a trademark, you can’t use it even if the company doesn’t operate in your state.

How long do US trademarks last?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

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 slogan a trademark?

A slogan that is not inherently distinctive will only be protected under trademark law if it achieves secondary meaning. Secondary meaning refers to whether the mark has acquired some distinction among consumers – that is the mark transcends the literal meaning of its words and is associated with a source.

Copyright protection isn’t available for a rap name or for any other kind of name you want to claim for exclusive use. … However, a rap name is eligible for protection with the U.S. Patent and Trademark Office. Trademarks protect brand names and logos associated with products and services.

What does it mean if a name is trademarked?

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.

Should you trademark your domain name?

Many company owners use their company name or other descriptive or distinctive words to create their domain name. In most instances, it is wise to trademark a domain name in order to protect your business from theft of your customers and brand identity.

Can there be 2 LLC with the same name?

Can Two LLCs or Companies Have the Same Name? Yes, with some exceptions. When you’re forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours.

Can LLC use Inc?

The designation “LLC” stands for “limited liability company,” which is a form of business entity that is similar in some ways to a corporation, but is separate and distinct from a corporation. … No state allows an LLC to use the designation “Inc.”

Is the name Picasso trademarked?

Most fashion brands trademark their name. … Pablo Picasso, Michael Kors, Kate Spade, and Mark Kay are all trademarked.

Do I need a stage name?

If you need to protect your identity. Working professionally under one name while using your “regular name” at home helps some actors separate their working and private lives. For child actors, stage names can provide an added layer of identity insulation, which parents may prefer for their child’s safety.

How do I protect my business name from being used?

How to Register a Trademark for a Company NameTo register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

How similar can a trademark be?

Goods and services may be trademarked. Once something is trademarked, only the person with the trademarks may use that mark. Others may not. Additionally, others may not use a mark so similar to an existing trademark that the new mark could be confused for the existing trademark.

Can I trademark a name if someone else is using it?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.