You might be wondering if you can trademark a name you’ve been using for your company if you discover someone else is doing the same thing. If so, you can stop them from doing so. The answer is complicated since it depends on a few different things. First off, it’s crucial to understand that trademark rights are based on use rather than registration. This means that even if a name hasn’t been registered, you still have some rights to it if you’ve been using it in business. These privileges can be restricted to the region in which you have been using the name, though.
Someone else may also have some rights to it if they begin using the same or a name that sounds similar in a different region. This is where trademark filing is relevant. No matter where you have been using the name, you can safeguard your rights to it nationally by registering a trademark.
However, it could be challenging or perhaps impossible for you to register a trademark for it if someone else has already done so for the same or a similar name. This is so because the first user or registrant of a trademark is given priority under trademark law. Prior users or registrants do not have precedence over those who have already registered a trademark for the term.
How Long Is a Trademark Valid? As long as a trademark is being used in commerce and the owner keeps renewing it, it can exist permanently. The first 10-year registration period for a trademark is renewable for one additional 10-year period.
You do not need to register your logo as a trademark. But trademark registration can give your company more security and stop rivals from adopting a similar logo. What Does It Cost to Copyright a Name?
Should I register my business name as a trademark in light of this before creating my LLC?
Before creating your LLC, it is generally a good idea to trademark your company name because it can give your brand more protection. However, even without trademark registration, you can already have some rights to the name if you’ve been using it in commerce. It is wise to speak with a trademark lawyer to figure out the best course of action in your particular circumstance.
In conclusion, it can be difficult to register a name that is already in use but not registered. Although registration can offer further protection, it might not be available if another party has previously filed a trademark application for the same or a very related term. To decide what to do in your particular circumstance, it is crucial to speak with a trademark lawyer.