One of the crucial decisions to make when beginning a business is whether to copyright or trademark the company name. Understanding the differences between copyright and trademark will help you decide which form of legal protection is best for your company.
Original works of authorship, such as books, music, and artwork, are protected by copyright laws. Business names, catchphrases, and logos are not covered by copyright laws. The source of a good or service can be identified and distinguished using a trademark, which is a type of legal protection for words, phrases, symbols, or designs.
So, registering your trademark is the best course of action if you want to safeguard your company name. With a trademark, you are granted the sole right to use your company name in connection with the products or services you offer, and it stops anyone from using a name that may be confusing to your clients.
What happens if you don’t register your company name as a trademark? Without a trademark, your company name has little legal protection, and others may use a name that is similar to yours. This could cause brand confusion and clientele loss. Furthermore, it may be more challenging to defend your legal claims against individuals who are utilizing your company name without authorization.
When should your company name be registered as a trademark? As soon as you start using your business name, it is advised that you register your trademark. By doing this, you can guarantee that no one else will be able to use your company name and stop them from doing the same.
You should also perform a trademark check to make sure there aren’t any names that are similar to your business name that are already in use. You can do this by looking through the USPTO database or by paying a trademark lawyer to carry out a thorough search. In conclusion, trademarking your company name is a crucial step in securing your brand and discouraging unauthorized use. To make sure you have sole ownership of your company name, it is advised that you register your trademark as soon as possible and run a trademark search. An attorney who specializes in trademark law can help you with the registration procedure and offer advice on how to safeguard your brand.
Before submitting a trademark application in the US, it is advised to create an LLC (Limited Liability Company). This is due to the fact that registering a trademark necessitates evidence of usage in commerce, which the LLC’s commercial endeavors can provide. Additionally, the LLC’s intellectual property, including its business name, may be legally protected by registering a trademark. To decide the best course of action for your unique business needs, it is always preferable to consult a legal expert.