Quick Answer: Can I Trademark My Own Name?

Does my logo need a trademark?

By common law, a logo is trademarked as soon as it’s used in commerce.

However, if you ever wanted to dispute another organization for using your likeness, your trademark would have to be registered with the U.S.

Patent and Trademark Office..

How long does trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

Documents required for filing a Trade Mark Application in India:Trademark or logo copy.Applicant details like name, address, and nationality and for the company: the state of incorporation.Goods or services to register.Date of first use of the trademark in India, if used by you prior to applying.More items…

What is common law trademark protection?

A common law trademark provides protection for a symbol, logo, product name, or other words or marks that identify the source of goods or services before it is registered with the state or federal government.

Can you trademark a personal name?

To be protected as a trademark, a personal name must be used as a trademark—the name must be used as a source identifier, to distinguish the goods or services of a particular source. … In addition to use as a trademark, a showing of secondary meaning is required to protect a name as a mark.

When should I trademark my name?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

How long does it take to trademark a name?

It can take three to four months from the time the notice of publication is sent before the applicant will receive official notice of the next status of the application.

How hard is it to get a trademark?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

How do you know if a brand is trademarked?

Log in to the official website of trademark registration in India: https://ipindiaonline.gov.in. Click on the trademarks tab and then click on public search. Once all of the details have been entered, you will need to click the search button.

How much does it cost to get a name trademarked?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees.

Can an LLC own a trademark?

There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.

What is the cheapest way to trademark?

To register your mark with the USPTO, you must fill out an application and pay a filing fee. Doing this yourself is the next cheapest way to achieving a trademark and is more advantageous than doing nothing but relying on a common law mark.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

A copyright protects literary and artistic works, while a trademark is more focused on protecting items that define and identify a company’s brand, such as a logo. … Copyright and trademark provide you with that kind of protection, so it is imperative that you register for both and make sure you protect your brand.

How do I protect my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

How fast can I get a trademark?

In Short: As soon as you start using your mark in commerce, you establish what is known as “Common Law Trademark Rights.” But in total, it will take 13 – 18 months for an official trademark registration with the USPTO.

Can I get a trademark for free?

You don’t have to register your trademark to have limited trademark protection. But there is another dirty little secret about trademarks: you can apply for a federally registered trademark yourself online, for free, at the USPTO–you only pay the government fees. … The USPTO, however, warns against not using an attorney.

What happens if someone trademarks your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

Can I trademark my name without a business?

If you do not form a business entity, you may still receive this protection by registering a trade name or “DBA” with your state.