Common law trademark rightsĮven if you never file a federal trademark application through the United States Patent and Trademark Office, you can still claim rights to the marks and intellectual property your business uses. So do you need to trademark your business name? Your company’s particular circumstances will determine the answer to that question. But it is not necessarily the top priority for certain types of businesses, like startups that might prioritize other aspects of setting up their business entity. In many instances yes, companies should trademark their names as it provides additional protection at the federal level. However, does it follow that all businesses should trademark their names? Then take the right legal steps to enforce them.All businesses benefit from trademark registration. As you're building out your business, think about your particular brand protection needs. Some businesses are sufficiently protected by registering their name with the state others need exclusive rights in every state. Why search beforehand? If you apply and your proposed name is already in use, your application will be rejected and you'll lose your application fee and the time spent preparing the application. The next step is to conduct a comprehensive name search to check if someone is using your proposed name at the state or county level.
DO I NEED TO TRADEMARK MY BUSINESS NAME AND PRODUCT NAME FREE
If you do choose to apply for a trademark, you should conduct a free basic search to make sure no one has a pending application with the USPTO for your proposed trademark (or something close to it) in a similar capacity. And, unlike copyrights or patents, trademarks have an unlimited lifespan so long as you comply with the renewal requirements. The process is more expensive and involved than registering a business name, but it provides you with exclusive rights in all 50 states. Processing time can take upwards of six to 12 months with the USPTO.
When applying for a trademark, expect to pay $275 per class (a little more if you have an expert prepare the paperwork for you). There's little chance that a customer will confuse the two. For example, if you are opening a local restaurant or other establishment, you might not mind if another business uses your name in a completely different state. And, it can even incorporate or form an LLC in other states with with the same name.ĭepending on your business type and model, brand protection at the state level might be sufficient. If you incorporated your business in New York, another business can use your same name in New Jersey or Connecticut. In addition, registering your name with the state has no impact on what happens in the other 49 states.
It just won't be able to register as an LLC or corporation with that name. However, there's nothing to stop a business that operates as a sole proprietorship or partnership from using your name in the state. Once your LLC or corporation application is approved, your name is protected in the state: No other business will be able to form an LLC or corporation with the same name in that state. Other states will reject it and consider "Mandi's Florist" deceptively similar. For example, some states will allow "Mandi's Florist" when there's already a "Mandy's Flowers" registered. Every state has its own laws about just how different a name must be from other business names.
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