It’s crucial to choose the appropriate legal structure for your new company and to safeguard your brand. A Limited Liability Company (LLC) formation and trademark registration are two of the most popular ways to safeguard your company. Despite the fact that both provide protection, they are distinct and have different goals. What Exactly Is a Trademark?
A trademark is a special icon, pattern, word, or phrase that sets your company apart from competitors’ brands. A trademark registration provides the brand owner with legal protection by preventing the use of identical or confusingly similar marks by third parties. Additionally, it grants the owner the sole authority to use the mark in association with their products or services. The United States Patent and Trademark Office (USPTO) handles trademark registration, which has a ten-year term and is renewable indefinitely. How Can I Freely Trademark My Logo?
Although the USPTO charges a fee for trademark registration, there are some cost-effective ways to safeguard your logo. Use of the TM symbol, which denotes unregistered use of a trademark, is one method. Another option is to register your logo with the state office; this is frequently more affordable than doing so through the USPTO. While federal registration safeguards your mark nationally, state registration only provides you with protection within the state. Does My Logo Need Copyright Protection?
Copyright defense is distinct from trademark filing. Original works of authorship, such as literature, music, and artwork, are protected by copyright. Names, titles, and slogans are not protected by it because they are protected by trademark registration. If your distinctive logo contains unique artwork, you might want to think about copyright registration to safeguard the artwork. Can Someone Steal the Name of My Company?
If they are not in the same industry as you or if there is little chance of confusion, someone else may use your company name without trademark registration. However, you have the legal right to stop others from using the same or a similar name or mark in connection with the same or related goods or services if you have a registered trademark.
It may be against the law for you to use the same or a similar mark in connection with the same or related goods or services if someone else has already trademarked your company name or a mark that is similar to it. However, if you have been using the mark prior to its registration, you might have common law rights to use it locally in the future.
In conclusion, establishing an LLC and registering a trademark both give your company legal protection, but they accomplish different goals. While forming an LLC protects your personal assets from business liabilities, trademark registration safeguards your brand and stops others from using the same or similar marks. It’s critical to comprehend the variations and select the appropriate legal framework and brand protection for your company.