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Does My LLC or Business Name Need a Trademark?

Why should I trademark my business name?

The term “Trademark” means a logo, phrase or brand name used by a particular person or a company to distinguish their products and services from competitors. It allows the companies to prevent others from using their business or brand names. Under the Lanham Act, a business entity can register for its trademark before the United States Patent and Trademark Office (USPTO) with relevant documents.

Registering a business name as a trademark allows the newly formed companies to make people recognize them and their unique product that is manufactured for the consumers. For example, if A starts a company with the name BMW, it is more likely that the United States Patent and Trademark Office may reject the name because there is already a similar business name running worldwide. But if he uses a business name such as Qwerty or any other non-existing name, there is a higher chance of granting the trademark for his business name. Therefore, it is beneficial to register the business name as a trademark so no one else can copy and register first.

When should I trademark my business name?

Before starting a company or registering a business name as a trademark, it is necessary to consider when a company should apply for a trademark. A trademark can only be granted if it is new and non-existent at the time of application. The companies must ensure that their business name is not registered by anyone. To ensure that a particular company’s name is unique the following things are required to take into consideration:

  • Search for the business trademark names with the help of databases such as Name.com, GoDaddy, USPTO Databases and Google to make it clear that the business name is unique and non-existent at present.
  • Apply at the USPTO as soon as your company’s business name is ready, to prevent the usage of that name by any other person or entity.  You can file intent to use applications for the name if you are not using it.
  • Ensure that the business name does not infringe the trademark of any other product or brand existing in the country.

What to do if my trademark business name is infringed?

A company registers for the trademark to prevent infringement of its name by any other person or entity. Oftentimes, there is an occurrence of trademark infringement and the owner will want to sue that party before U.S. federal court. To initiate the lawsuit, you must have a registered trademark that will allow you to:

  • To stop the infringement of the trademark.
  • Order the defendant to cease and desist the use of the infringing name.
  • Provide any compensation such as statutory damages, attorney’s fees, and monetary relief.

In Conclusion, Yes your Business & Product names should be trademarked!

Trademark registration is a unique tool that allows companies to protect their business name. It enhances the company to brand itself as a potential competitor in the market dominated by similar kinds of entities. It also makes the public aware of its name whenever a logo, design or anything that has a link to the company comes before them.

Let Karana IP get you from Application ™ to Registered Trademark ®.

If you have a new brand to protect, Karana IP has the ability to help you choose, protect, and enforce trademarks under state and federal law. Contact Karana IP Law, LLC, today if you have questions about the selection, registration, protection, or enforcement of your mark.

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