How to trademark a brand name

How much does it cost to trademark a brand?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees.
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Trademark Cost.
National Average Cost $424
Maximum Cost $2,000
Average Range $275 to $660

Can I trademark my brand 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. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.
Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. … So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.

Can an LLC own a trademark?

Business entities can own a 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.

What is the cheapest way to trademark?

The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.

What comes first LLC or trademark?

It all is dependent upon your situation and circumstances. Though generally speaking, forming the LLC before filing for your trademark is typically the best way to go.

Can I trademark a name without a business?

There’s no legal requirement for you to register a trademark. Using a business name can give you ‘common law’ rights, even without formally registering it. However, as expected, trademark law is quite complex.
Fill out the application online on the official site of United States Copyright Office. Besides, you can also submit the application in a paper form. Pay a registration fee (for the logo it’s $39) with a card, electronic check or your deposit account with the U.S. Copyright Office.

Is it expensive to trademark a name?

What Does Trademarking a Name Cost? Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don’t want protection outside your state.

How long does trademark last?

In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

Is my logo automatically copyrighted?

Yes. A logo that includes artistic or design elements, (i.e. not just the name on its own), is legally regarded as being a work of artistic creation and therefore will be protected under copyright law. Copyright protects the logo as an artistic work.

How can I protect my logo legally?

How can I trademark my business logo?
  1. Do a trademark search in USPTO or EUIPO for similar trademarks to make sure yours doesn’t conflict with another registered mark. …
  2. Complete a trademark application. …
  3. Wait and monitor for progress.
Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.
Logo theft is a violation that occurs when one party steals or uses another party’s trademarked logo without their permission. This is a more specific term for trademark infringement, and can take many forms. It typically involves the theft of a trademark or a service mark.
According to internet lore, if you change 30% of a copyrighted work, it is no longer infringement and you can use it however you want.

Do you need a logo to register a trademark?

But before you can file for a trademark, you need to have a unique logo to trademark! A unique logo is more likely to be approved than a generic one, so if you don’t already have one, work with an experienced logo designer to create the perfect logo for your brand.
Trademarks offer far more protection than copyrights, but copyrights are extremely important for the protection of logos.
A trademark represents your brand or product. Names, logos, and slogans are common trademarks. A copyright, on the other hand, protects a work of authorship, including books, paintings, and even computer code.

What’s the difference between trademark and LLC?

The Difference Between an LLC and a Trademark

The short answer is—the level of protection they can provide. In the case of an LLC, your business name is only guarded within state lines after you register. … State registration—Much like an LLC, your trademarked name is protected in the state of registration.

Yes, both companies can USE the same trademark to brand the two companies but only ONE company can own that trademark. One must license the mark to the other.

What’s the difference between logo and trademark?

A trademark protects a slogan, phrase, word, company name, logo, or design that identifies a company and/or its goods. A logo is a symbol or design used by a company that may fall under trademark protection laws.

Do I need both LLC and trademark?

When you own a small business, your name is everything. … If you‘ve formed a corporation or an LLC, you have some protections against other companies in your state having the same name. But for brand protection, you may want to register your name as a federal trademark.

Should I file trademark before LLC?

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 register a trademark as an individual and later use it for my own company?

If you registered your trademark in your name personally (example: Sawyer, Tom INDIVIDUAL) and you intend for your new business to own the trademark, then you need to transfer the trademark and the trademark registration through a formal Assignment of Rights.
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