do i need a trademark lawyer when opening a business

Full Answer

Do I need a lawyer to register a trademark?

If you are a foreign-domiciled trademark applicant or registrant, you must have a U. S. -licensed attorney represent you. If you’re domiciled in the United States, you’re not required to have an attorney. To determine whether you’re required to have a U. S.

Do I need a trademark for my Small Business?

If you are only going to be running the business for a few years and you have no plans of expanding beyond your town, then a trademark may not be necessary. However, if you own a business that offers goods or services, and you are in it for the long term and wish to stand out from the crowd, then registering a trademark is practically essential.

What are the benefits of hiring a trademark attorney?

Benefits of hiring an attorney include: Providing you crucial legal advice about your trademark. Conducting your trademark clearance search before you file an application. Preparing your application accurately. Responding to legal correspondence from the USPTO. Enforcing and maintaining your trademark rights.

Are there companies that will help me file my trademark application?

There are numerous companies that state they will help you file your application. Some of these companies may offer legitimate services; others do not. Be aware that trademark filing companies are not the same as law firms. If you use one of these companies, you will pay their separate services fees as well as our fees.

Do you need a trademark to start a business?

Summary. Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

Should I trademark or register my business first?

In the end, it is best to form the LLC or business entity before filing a trademark application. It is best to work with an attorney who is licensed in your state to set up your LLC. Alternatively, you can use a trusted online filing service or other DIY resource.

Should you LLC or trademark first?

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Can I start a business with a trademarked name?

The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you've identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court.

Should my LLC own my trademark?

Limited Liability Companies (LLCs) and corporations are common business entities that could a trademark. Usually, LLCs or corporations develop a mark to identify itself as a source of goods or services. Generally, if a business entity exists then the owner of the trademark should be named as the business entity.

Should I get a trademark for my 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. And if you are considering incorporating or forming an LLC but haven't gotten around to it yet, you should do so before registering any trademarks.

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Does an LLC protect my logo?

An LLC Does Not Protect Your Brand! An LLC does not protect your brand name at all. You can have the LLC for the brand name but if someone else has the trademark for it, you may have to rebrand.

Do I need a trademark for my logo?

To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

What happens if I don't trademark my business?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

What's the difference between LLC and trademark?

Legal Protection LLCs and trademarks are each an integral part of the business world, but both serve different purposes. While LLCs are legal business entities that protect the personal assets of business owners from lawsuits and bankruptcies, trademarks protect the intellectual property of the business.

Can I trademark my business name for free?

Can I trademark a name for free? You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business.

How to hire a trademark lawyer?

To evaluate whether you need to hire a trademark lawyer, first understand what trademark lawyers can do for you. They routinely: 1 Offer legal advice on the use, adoption, selection, and registration of new trademarks 2 Conduct thorough trademark searches using the USPTO's Trademark Electronic Search System 3 Evaluate the strength of the proposed trademark and offer legal advice on how to select a trademark that is unique and won't likely be confused with other marks 4 File applications to register new trademarks that meet the complex USPTO requirements 5 Provide advice on how to address trademark infringement and enforcement issues

What happens if you file a trademark yourself?

If you file for your trademark yourself, you run the risk of selecting a proposed trademark that is not unique enough or free of conflicts with existing marks. Additionally, if issues arise with the trademark, you will be pitted against a skilled examining attorney without an attorney to advocate for you.

How much does it cost to file a trademark?

Electronic trademark filing fees currently range from $225 to $400 per class of goods or services, depending on the type of application you file, according to the USPTO website. The cost of filing a paper application is currently $600 per class of goods or services.

How can a trademark attorney help you?

A trademark attorney can also help enforce your trademark after it is registered by monitoring new trademark applications or uses of your trademark and either opposing the applications or taking action to stop the infringing use.

What are some common mistakes that can be made in trademark registration?

Other common mistakes include: Choosing the wrong filing basis. Submitting an improper trademark specimen. Trying to register something that does not qualify as a trademark.

What does it mean to submit an improper trademark specimen?

Submitting an improper trademark specimen. Trying to register something that does not qualify as a trademark. The USPTO may sometimes allow you to fix mistakes within a very strict deadline. If you're unable to resolve them, it will deny your application.

How much does a trademark denial cost?

Mistakes in a trademark application can cost time and money, and a trademark denial can cost you hundreds of dollars in nonrefundable filing fees. That's why, for many people, a trademark lawyer is money well spent. Make sure your work is protected START MY REGISTRATION. About the Author.

What is a trademark?

Trademark Defined. A trademark can protect the words or symbols you use to identify your business. For example, the Nike Corporation has trademarks in the name “Nike," the swoosh symbol, and the phrase “Just Do It.".

How does intellectual property affect a company?

Although it does not take up physical space, an excess of intellectual property can burden a company, directing limited funds towards maintaining registrations, defending against third-party claims, or creating and marketing a final product. Selling unused or surplus intellectual property can have an immediate positive effect on a company’s finances, generating revenue and decreasing costs.

Does Coca Cola have a trademark?

The Coca-Cola Company has a trademark in the name “Coca-Cola" as well as the way the name looks when written in white script on a red background. The key to trademarks is that they must be used in business.

Why are trademark fees higher?

If you hire an attorney, be aware that your application fees will remain the same, but your overall costs of filing a trademark application will be higher because you’ll also have the cost of your attorney’s services.

What are the benefits of hiring an attorney?

Benefits of hiring an attorney include: Providing you crucial legal advice about your trademark. Conducting your trademark clearance search before you file an application. Preparing your application accurately. Responding to legal correspondence from the USPTO. Enforcing and maintaining your trademark rights.

Do I need an attorney to trademark?

Not everyone is required to have an attorney. If you are a foreign-domiciled trademark applicant or registrant, you must have a U.S.-licensed attorney represent you. If you’re domiciled in the United States, you’re not required to have an attorney.

Does hiring an attorney save you money?

However, in the long run, hiring an attorney may save you money because an attorney will know how to best advise you on your trademark’s registrability, prepare your application, and respond to the USPTO on various issues that might arise throughout the process.

Why do lawyers make less sense?

The biggest reason lawyers can make less sense generally is cost. If you have unlimited capital, then you can save time by hiring a great lawyer (in the same way you’d hire an expert for everything else, like SEO, marketing, design, sales, etc.).

Can a business infringe on another business's trademark?

Most new businesses overlook trademark implications that exist from the start. When you register your business, it can't infringe on another business's trademark. Just because your name was available in your state doesn't mean it's not infringing on a trademark.

Is Google a trademark?

The names "Google Legal, Inc." "Google Schools, Inc." etc. are available for any corporation to form in Missouri. But, Google has a trademark for the name "Google" across the United States -- so if you formed, spent money on branding, a website, a logo, building goodwill, etc. on any of those names, eventually Google would discover and require you to stop doing business under that name.

What You Can Do Without a Lawyer

Of course, you do not need a lawyer for every aspect of your company. There are many things you can do by yourself. However, the question you should always ask is whether it is an efficient use of your time.

What a Lawyer Can Do for You

You can often create your corporation paperwork to file with the Secretary of State using online forms. But, first, you must choose the proper corporate structure for you. There are many factors to consider, namely tax advantages and liability protection.

How to Find the Right Lawyer

Your attorney is an integral part of your team, so you should find someone who understands your business. Among the questions you should ask when hiring a business lawyer is their hourly cost and the types of companies they help.

Why a Business Trademark for Startups is a Good Idea

Successful startup businesses capture a consumer’s attention quickly with a catchy name, a unique logo, or creative design. Your mark should describe the specific character of your business and set your products or services apart from the competition.

When Do You Need a Trademark?

Trademark ideas for business startups include protecting a name, logo, phrase, or design that identifies your new business. However, certain variables may affect the best time to begin the registration process.

How to Get a Registered Trademark For Your Business

A USPTO business trademark application is a complicated process that requires extensive research and an understanding of appropriate class categories to determine which trademark is best for your situation.

We Focus on Trademark Ideas for Business Startups

Don’t risk making a mistake when it comes to registering a business trademark. The skilled team at the Trademark Lawyer Firm, PLLC has successfully registered more than 6,000 trademarks for our clients and we’re here to help your startup protect one of its most valuable assets—brand reputation.

Why do companies not have a trademark?

It may be because the company is still in the process of developing the brand, or they simply have not considered the option. More pertinent is the fact that not every company actually has a trademark. Millions of companies, particularly small and medium enterprises, actually operate without a trademark.

Why is it important to have a strong trademark?

Having a strong trademark gives you an edge over your competitors. You can prevent them from using your name against you. Since you have exclusive usage rights, no other company can use your mark to horn in on your market. It also ensures that you control the messages associated with your brand.

What would a federal trademark registration have done?

The federal trademark registration would have: Provided him with full ownership of the mark nationwide. Created a public record of his ownership rights. Allowed him to take cases of infringement to federal court. Allowed him to police the use of the mark by other companies. Protected him from trademark trolls.

Is filing a company name the same as registering a trademark?

Filing your company name is not the same as registering a trademark on that name. Every company has to file a company name, also known as a trade name, with the proper state authorities. The bar for registration is typically low.

Does a company name have trademark rights?

Filing for a company name does not afford a company trademark rights. A state might approve a business name even if a business from another state has the same name.

Can a business name be approved by another state?

A state might approve a business name even if a business from another state has the same name. That’s because a business name filing offers limited rights, such as the use of the name on taxes and invoices. A registered company can still be sued for trademark infringement, if they inappropriately use a federal trademark.

Is Crafty Computers a common law trademark?

As long as Dave can prove that he was using the name Crafty Computers before his competitor from the neighboring town, he has rights to the name. This is considered a “use in commerce” or common-law trademark. Some businesses can get by with just this minimal level of protection.

What Is A Trademark?

How Do I Apply For A Trademark?

What Are The Benefits of Registering A Trademark?

How Much Will This Process Cost?

When Should I Consider Hiring A Trademark Lawyer?

• You can apply for a registered trademark on your own, but the expense of hiring a trained and licensed trademark lawyer may outweigh the potential pitfalls of going it alone. To evaluate whether you need to hire a trademark lawyer, first understand what trademark lawyers can do for you. They routinely: 1. Offer legal advice on the use, adoption, se...

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