One of the most crucial things to take into account when beginning a business is safeguarding your brand and intellectual property. Getting a trademark for your company’s name, logo, tagline, or other distinctive markings is one approach to do this. But is filing for a trademark worth the time and money? Let’s investigate this issue and others like it.
A limited liability company (LLC) can provide some protection for your company name, but it may not safeguard your trademarks. A trademark offers legal protection for your brand and intellectual property, whereas an LLC primarily offers liability protection for the business owners. As a result, it’s crucial to register your trademarks independently of creating an LLC.
The letters TM or ® can be found on a variety of logos and company names. Trademark ownership is denoted by the use of the TM sign, which stands for “trademark,” to show that the owner is claiming ownership of the mark but has not yet filed a trademark application with the USPTO. A trademark that has been registered with the USPTO is denoted by the ® symbol. It is not necessary to use these symbols, but doing so might be advantageous as it alerts people to your trademark claim. How Long Is a Trademark Valid?
As long as a trademark is being used in commerce and the owner files the required maintenance paperwork with the USPTO, it can remain active eternally. However, if a trademark over time loses its individuality or becomes generic, it may also be contested or declared invalid. To keep your trademark legally protected, it’s critical to keep utilizing it and guarding against infringement. Does My Logo Need Copyright Protection?
The functions of a copyright and a trademark are distinct. While your brand and intellectual property are protected by a trademark, original works of authorship like artistic, literary, and musical works are protected by copyrights. If a logo is an original and distinctive piece of art, it could be protected by copyright laws. It is crucial to remember that copyright protection begins as soon as a work is created, so registration is not necessary.
Getting a trademark for your company can be a wise investment in defending your brand and intellectual property, to sum up. Even while an LLC might provide some protection, it’s crucial to register your trademarks individually. It can also be helpful to use the TM or ® insignia to alert others to your trademark claim. As long as they are used in commerce and are properly managed, trademarks can exist perpetually. Even though it differs from trademark protection, copyright protection can be crucial for preserving original works of art.
A number of different names cannot be trademarked. These include surnames, place names, obscene or immoral names, descriptive names that only briefly explain the good or service being given, and names that are confusingly similar to already registered trademarks. Additionally, trademark registration may not be granted for names that are too similar to already registered domain names or social media handles.