Quick Answer: Do You Trademark A Name Or A Logo?

Can logos be used without permission?

A person or company should never use a trademark or logo without written permission from its owner.

However, even then, third parties cannot use logos without a specific agreement.

More than that, trademarked companies often have resale policies for their products..

Any time your company uses a logo to identify its products or services, you establish common-law trademark rights. Common-law trademark rights may allow you to sue a competitor to prevent it from using your logo, particularly if it is in a way that attempts to portray itself as your company to consumers.

How do you know if a logo is unique?

Just go to the US Patent Office Website to conduct a trademark search. You will need to: Describe the products or services being sold with the mark. Identify Specific Terms for Your Product or Service.

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.

So, do you need to incorporate “LLC” in your logo? In short, the answer is no. In fact, none of your branding/marketing needs to include “LLC,” “Inc.” or “Ltd.” If it is included, this may look amateur. … Logos are an extension of a company’s trade name, so marketing departments don’t need to include legal designation.

Here are the most important steps to designing a logo: —Understand why you need a logo.Define your brand identity.Find inspiration for your design.Check out the competition.Choose your design style.Find the right type of logo.Pay attention to color.Pick the right typography.More items…

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.

Can I trademark a name already in use but not trademarked?

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.

Can you use your name as an LLC?

Limited liability companies can use personal names in a variety of ways: first names, last names, initials plus a last name, or a personal name that’s only part of the business name, such as “Joe’s Bar and Grill.” You can also form an LLC under a different name and use your personal name as your DBA or “doing business …

Is it better to have an LLC or DBA?

DBA vs LLC Distinctions First and foremost, a DBA isn’t a separate legal entity. An LLC, however, is a sole legal entity that exists separately from its owner. … If you’re a sole proprietor who doesn’t want to pay LLC fees and meet certain legal procedures, a DBA may be the better option.

Do you put LLC on everything?

You should always include “LLC” on all invoices, contracts, leases, legal records, tax returns, letterheads and other purposes. In most states, it is required to add “LLC” to your business name when forming your business, filing for an EIN or paying taxes.

What if my logo is similar to another?

One of the most common forms of infringement occurs when a company attempts to use a logo that looks similar or uses similar language as another copyrighted logo. If the competing logo creates confusion, then its owner could face legal action for infringement.

Can two companies have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

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.

How do you know if a logo is trademarked?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

Can I change a logo and use it?

Logos are protected by trademark and copyright. If you modify someone else’s logo for your own use, the modifications must be significant enough so that no reasonable person could confuse your logo for the original logo.

How do I protect my brand name?

What’s one thing you’ve done to protect your brand legally that you think all founders should do?Protect Your Web Content. … Set up Google Alerts. … Use IP Protection. … Create a Distinctive Mark. … Register Your Trademark. … Get a Patent. … Create an Employee Handbook. … Trademark Your Brand.More items…•

You can get a trademark, service mark, and maybe even a design patent on some manifestations of a logo, but not copyright. If you haven’t trademarked a logo then you cannot prevent someone else from using it. … If you haven’t trademarked a logo then you cannot prevent someone else from using it.

You certainly don’t have to register the copyright and trademark your company’s name or logo, in the United States; you own the copyright as soon as you put the original work on a pieces of paper or computer drive, and you won a trademark as soon as you use your name and logo for marketing your business.

How long does a US 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.