Regardless of whether a mark is registered or not, the first company to use it in commerce in the US is protected by trademark law. However, trademark registration offers further advantages and legal protection. By registering a trademark, a person can guarantee they have the sole right to use it and stop others from using a mark that is confusingly similar.
Regarding this, registering your company name as a trademark enables someone to take it. Before deciding on a business name, it is crucial to carry out a comprehensive check to make sure it is not already in use and is not overly similar to other names that are already in use. Having your company name registered as a trademark might also help prevent this kind of theft.
Similar to this, if you don’t trademark your logo, someone else might take it. By registering your logo as a trademark, you can get legal protection and stop others from using a similar mark. It’s vital to remember that you might not be allowed to register your logo as a trademark if someone else has already done so with a mark that is identical to yours.
Common law rights may provide some legal protection even if you don’t trademark a logo. This safeguard might, however, only be loosely enforced. Greater legal protection and simpler enforcement of your rights in the event of trademark infringement are provided by registering your logo as a trademark.
Self-filing a trademark application with the United States Patent and Trademark Office (USPTO) is the cheapest option to register a logo. However, this procedure can take some time and necessitates a solid grasp of trademark law. In the long run, hiring a trademark lawyer can save time and money by ensuring that the procedure is done correctly.
In conclusion, while trademarks are not automatically applied to logos, doing so can give you legal protection and stop others from using your mark without your permission. You can prevent the infringement of your business name by conducting a comprehensive search before deciding on a name and filing a trademark. Although it is feasible to submit a trademark application on your own, working with a trademark lawyer can guarantee that the procedure is completed accurately and quickly.
The answer is that you can trademark a name before launching a company. In order to make sure that no one else uses the same name for a similar firm, it is actually advised that you do this. It’s crucial to remember that you must use the name in commerce or have a genuine plan to use it in commerce in order to secure a trademark registration.