A trademark is a design, term, or phrase that is used to distinguish one good from another. It sets one company’s products or services apart from those of another. Logos, brand names, taglines, and slogans are examples of trademarks. Your business name could be barred from use if someone else registers a trademark that is identical to or confusingly similar to it in certain situations. What Comes First, a Trademark or an LLC?
It’s critical to know the distinction between a trademark and a limited liability corporation (LLC) when beginning a business. An LLC is a type of legal structure that shields business owners from personal liability. A trademark, on the other hand, is a type of intellectual property protection that safeguards your company’s name and logo.
It’s crucial to understand that creating an LLC does not automatically grant you protection from trademark infringement. Similar to trademarking your company name, doing so does not immediately establish an LLC. To shield yourself from personal liability if your company is sued, it is advised that you create an LLC before trademarking your business name.
The Nike logo is, in fact, a trademark. One of the most known logos in the world is the Nike swoosh. The classic Nike logo was developed in 1971 by graphic design student Carolyn Davidson. In 1974, the emblem was filed for trademark protection. Since then, Nike’s trademark portfolio has grown to encompass additional designs, slogans, and logos. Do I Need to Register My Logo as a Trademark?
You do not need to register your logo as a trademark. However, if you want to safeguard your brand, it is strongly advised that you take this action. Legal defense is offered by trademarking your logo against unauthorized usage by third parties. Additionally, it grants you the sole right to employ your logo in conjunction with your goods and services. What Are the Requirements for a Trademark?
You must submit an application to the United States Patent and Trademark Office (USPTO) in order to receive a trademark. A description of the products or services you plan to use the trademark for must be included with the application. A sample of the trademark, whether it be a term, logo, or design, is also required.
The USPTO will check your application after you submit it to make sure it complies with registration criteria. A certificate of registration will be given to you if your trademark is accepted. It is crucial to start the application process as soon as possible because the procedure can take many months.
Finally, since your company name can be trademarked, it’s critical to take precautions to safeguard your brand. Building a successful business depends on trademarking your company name, logo, and other intellectual property. It is advised that you create an LLC before trademarking your company name in order to shield your assets from liabilities. Keep in mind that trademarking your company name and emblem gives you legal protection and the sole right to use them in connection with your goods and services.