A crucial first step in defending your brand against infringement and abuse is trademark registration. The idea that a company must already exist in order to register a trademark is a widespread one. But even without a company, a name can be trademarked.
A name, logo, or slogan that is intended to be used in the future can be registered as a trademark with the United States Patent and Trademark Office (USPTO). An “intent-to-use” application is what this is. In essence, this indicates that you have a sincere plan to use the trademark for commercial purposes soon.
It is significant to understand that before a trademark may be properly registered and granted, the USPTO requires proof of usage in commerce. This implies that you will have to offer evidence of the use of the trademark in connection with a good or service.
To safeguard your personal assets from company responsibilities, it’s vital to think about creating a legal entity like a Limited Liability Company (LLC) in addition to registering your trademark. In Arizona, an LLC must pay a $50 filing cost and no annual report charge. On the website of the Arizona Corporation Commission, the procedure can be finished online.
Despite the fact that trade names and business names are frequently used interchangeably, there is a small distinction between the two. While a company name is the official name that is registered with the state, a trade name is the name that a firm uses to identify itself. As an illustration, “ABC Plumbing” might be the trade name whereas “ABC Plumbing LLC” would be the legal company name.
A trade name can be renewed indefinitely in Arizona and is valid for five years after the date of registration. To prevent other companies in the same industry from using your trade name, you need register it.
In conclusion, as long as there is a genuine purpose to use the name in commerce, it is possible to trademark a name without a business. But it’s also crucial to think about creating a legal company, like an LLC, to shield private property from corporate debts. A trade name should be registered in order to prevent unauthorized use by other companies. As long as they are used in commerce, trademarks are valid for ten years and can be renewed forever.
You must do the following procedures in general to form an LLC in Arizona: 1. Pick an LLC name that meets with Arizona’s naming regulations and is not currently in use.
2. Submit your articles of incorporation and pay the required filing fee to the Arizona Corporation Commission. 3. Designate a registered agent to accept legal correspondence on your LLC’s behalf. 4. Draft an operating agreement that describes the ownership and management of your LLC. 5. Obtain any business licenses and permits required by your area or sector.
6. To use for tax purposes, get an EIN (Employer Identification Number) from the IRS. 7. Comply with all continuing reporting and compliance standards established by the Arizona Corporation Commission.
It’s crucial to remember that, although you don’t have need a business to trademark a name, having one that you own and run under that name can improve your chances of getting your application accepted.
The issue of trademarking a name without a business is not immediately related to the query of whether Arizona requires a DBA (Doing Business As). As a result, if the company is functioning under the legal name of the owner or owners, Arizona does not call for a DBA registration. However, a DBA registration is necessary in Arizona if the company is operating under a name other than the legal name of the owner or owners.