Do I need a trademark or copyright for my business name?

A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company's intellectual property, such as your logo.

Do you trademark or copyright a business name?

A trademark represents your brand or product. Names, logos, and slogans are common trademarks. A copyright, on the other hand, protects a work of authorship, including books, paintings, and even computer code. To ensure intellectual property is protected, work with your attorney to obtain a federal registration.

Do I need to trademark the name of my business?

Trademarks are managed by the U.S. Patent and Trademark Office (USPTO). There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.

Does company name need copyright?

You will need to register it as a trademark with the United States Patent and Trademark Office. The name that you select for your company must be distinctive to receive trademark protection. Common words or phrases that are not inherently distinctive are not offered trademark protection.

Can I copyright my business name?

While you can't copyright a business name, you can trademark a business name. The best practice is to hire a trademark lawyer to file the trademark on your behalf. In fact, you will increase your odds of a successful federal trademark registration by doing so.

Should You Trademark or Copyright a Business Name or Logo? | Trademark vs Copyright a Name or Logo

How do you copyright a small business name?

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 I copyright my shop name?

Is copyright the same as trademark?

A trademark is a word, symbol, design, or phrase that denotes a specific product and differentiates it from similar products. Copyrights protect “original works of authorship,” such as writings, art, architecture, and music.

What's the difference between LLC and trademark?

Legal Protection

LLCs and trademarks are each an integral part of the business world, but both serve different purposes. While LLCs are legal business entities that protect the personal assets of business owners from lawsuits and bankruptcies, trademarks protect the intellectual property of the business.

How much is it to copyright a name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Should my LLC own my trademark?

Limited Liability Companies (LLCs) and corporations are common business entities that could a trademark. Usually, LLCs or corporations develop a mark to identify itself as a source of goods or services. Generally, if a business entity exists then the owner of the trademark should be named as the business entity.

Should I trademark my online business name?

Summary. Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

Do I need to copyright my logo?

Yes. A logo that includes artistic or design elements, (i.e. not just the name on its own), is legally regarded as being a work of artistic creation and therefore will be protected under copyright law. Copyright protects the logo as an artistic work.

Is it better to copyright or trademark a logo?

How to legally protect your logo design. To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

Should I trademark my business name before forming my LLC?

In the end, it is best to form the LLC or business entity before filing a trademark application. It is best to work with an attorney who is licensed in your state to set up your LLC. Alternatively, you can use a trusted online filing service or other DIY resource.

Does a trademark override a copyright?

Does a Trademark Override a Copyright? No, a trademark doesn't override a copyright since they safeguard different types of work. For example, a trademark protects your company's unique identifiers, while a copyright protects creative works. Therefore, only registered works will receive legal benefits and protection.

Is LLC the same as copyright?

LLC: The LLC itself would own the copyright in the articles, posts, and other content created by its employees (if any) in the course of their jobs.

Can you register a work for both trademark and copyright?

Only once it is confirmed and certified by the trademark registrar that there are no same or similar trademarks on record, the artistic work copyright could be filed for registration. Similarly, a trademark is not registrable if it is in conflict with a copyrighted work.

How do I copyright my logo?

Fill out the application online on the official site of United States Copyright Office. Besides, you can also submit the application in a paper form. Pay a registration fee (for the logo it's $39) with a card, electronic check or your deposit account with the U.S. Copyright Office.

When should you copyright something?

When is my work protected? Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Can I copyright an LLC?

Licensing Intellectual Property

Managing these revenue streams through your LLC is preferable as the company itself, not you as an individual, owns the rights to the copyright. In the context of copyrights, you will need to assign ownership of the copyright to your LLC.

How do I copyright my business name and logo?

Go to the online registration website and fill out the form for copyright. If your business is located in the United States, go to the official website of the United States Copyright Office to e-file your copyright application. You can also submit your application in a paper form.

When should I trademark my logo?

Generally, if you're using your logo in relation to your business and you're selling goods or services utilizing the logo, filing a trademark application should be at the top of your priority list.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

What happens when you trademark a name?

It distinguishes your company and its products from everyone else. Don't confuse a trademark with a copyright; copyrights are for works like books, movies, and videos. Trademarking your name gives you an additional brand and keeps others from using your name.