Quick Answer: When Should I Trademark My Brand?

What are the 3 types of trademarks?

There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic..

What happens if you don’t trademark?

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.

Can I sell clothes without a trademark?

Clothing lines and fashion designers need to protect their brands, names, slogans, and logos. They do this by obtaining valuable trademarks. … Your clothing line must be unique with an original name, slogan, and logo in order to qualify for trademark protection. Generic or descriptive names won’t cut it.

Can I use TM without registering?

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.

How long does a trademark last?

ten-yearHow long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

So, do you need to incorporate “LLC” in your logo? In short, the answer is no. In fact, none of your branding/marketing needs to include “LLC,” “Inc.” or “Ltd.” If it is included, this may look amateur. … Logos are an extension of a company’s trade name, so marketing departments don’t need to include legal designation.

What is the strongest type of trademark?

The strongest types of trademarks are (1) fanciful or coined marks, such as EXXON for petroleum products; and (2) arbitrary marks, such as AMAZON for retail services.

What makes a good trademark?

The most important factor is that your trademark be distinctive so that it is protectable and registerable. A trademark that is inherently distinctive also helps to distinguish the mark in the marketplace with consumers. Marks that are short and easy to read, spell, and pronounce are best.

Do I need a trademark for my brand?

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.

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.

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.

In Short: As soon as you start using your mark in commerce, you establish what is known as “Common Law Trademark Rights.” But in total, it will take 13 – 18 months for an official trademark registration with the USPTO.

Is logo a trademark?

The simple answer: Logos are not copyrighted, they are actually trademarked. Whether or not legal action is taken for replicating a trademarked logo is fully up to the company or entity that owns the trademark. A company still has legal rights to their logo even if it’s not trademarked.