Quick Answer: Do I Need A Trademark Or Copyright For My Business Name?

What happens if someone trademarks your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else.

Most importantly, if you must go to court, you’ll have legal proof that you registered the name.

However, you don’t have to trademark your business name to protect it..

Is a trademark necessary?

It is A Company’s Greatest Asset Thus, it is important to use a trademark for marketing strategies to aid the enhancement of brand recognition and to draw in more consumers. Once a startup has attained positive repute for its product or service, consumers will associate its trademark with how the business is running.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

Copyright is a property right. Under the Federal Copyright Act of 1976, photographs are protected by copyright from the moment of creation. According to the U.S. Copyright Office, the owner of the “work” is generally the photographer or, in certain situations, the employer of the photographer.

A copyright is a form of protection provided by U.S. laws to the authors of “original works of authorship”, while a trademark is intended to protect brand property such as logos, business names and services.

Can you trademark an LLC name?

Business names, product names, logos and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO).

Today, the easiest way to register your images is using the Copyright Office’s online registration system, eCO, the Electronic Copyright Office. eCO allows photographers to register individual photographs as well as groups of unpublished photographs and certain groups of published photographs.

Can you trademark a DBA name?

Yes, you can trademark a DBA or fictitious business name if you use the name to brand your products or services. If you use a particular DBA as your brand name, it is entitled to the same legal protection that any other brand name would receive. … As such, your trademark will only cover your particular field or market.

Should I trademark my photography business name?

It depends! It is not mandatory to register your trademark, so you do not have to. Just by virtue of using your brand name in commerce, you earn the right to use TM. Still, registering the mark with the government provides some advantages.

Should I Trademark My Logo? By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive.

Can you start a business without a trademark?

You could use your business name as an unregistered trademark, but that would not give you the benefits of a registered trademark.

How do I protect my business name?

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.

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.

While copyright protects your work authorship, a trademark protect all the details so no one else can use it. Trademark protects details like: mark, name, font, colors. If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans.

What is the cheapest way to trademark?

To register your mark with the USPTO, you must fill out an application and pay a filing fee. Doing this yourself is the next cheapest way to achieving a trademark and is more advantageous than doing nothing but relying on a common law mark.

How much does it cost to trademark my business name?

Trademark a Business Name With the USPTO Trademark fees for electronic applications are currently $225–$400 per class of goods or services, depending on the type of application you file. The trademark cost for registering with a paper application is currently $600 per class of goods or services.

Do I need a trademark if I have an LLC?

If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. … While the process of registering a trademark is more involved than registering a DBA, rights to your name will be enforced by both federal and state governments.

Can I use the same name as another business?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.

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.

What are good names for a photography business?

60 Snappy & Creative Photography Business NamesShutter Up.Flutter Me Shutters Photography.Lensation Picture Studio.Picturesque.The Artsy Lens.Pin Me Up Photography.Swim Snaps Studio.High Click Photography.More items…•

Who owns a trademark?

Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.