The law makes a definite distinction between the two—a trade name refers to the company's official name, while a trademark provides a company's brand with legal protection.
Just so, what is the difference between trademark and business name?
The law makes a definite distinction between the two—a trade name refers to the company's official name, while a trademark provides a company's brand with legal protection.
Furthermore, 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.
Accordingly, do I need a trademark for my business name?
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. However, as expected, trademark law is quite complex.
Do I need to trademark my business name Canada?
Even if your company name or your business name is registered federally (Corporations Canada), provincially or territorially, it is recommended to also obtain trademark registration to better protect your brand.
Related Question Answers
Do I need an LLC if I have a trademark?
When you own a small business, your name is everything. If you've formed a corporation or an LLC, you have some protections against other companies in your state having the same name. But for brand protection, you may want to register your name as a federal trademark.How much does it cost to trademark business 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 I get a trademark or LLC first?
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 do I protect my business name?
Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the U.S. from using your trademarked names.How do I know if a business name is trademarked?
You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center at and choose "Search." Then follow the instructions you see on the screen.Does registering a company protect the name?
Incorporating a new company will prevent other businesses from registering the same, or a very similar, company name to yours. A trade mark is a sign which can distinguish your goods and services from those of your competitors. Registering a company name does not automatically protect it by trade mark law.Can I trademark my own name?
Trademark law protects names, logos and other “marks” that are used in commerce. To register your name as a trademark with the U.S. Patent and Trademark Office (USPTO), you must use it in business. But if—like most people—you only use your name for personal purposes, you can't register it as a trademark.How do I trademark my business name for free?
To register a trademark, go to the U.S. Patent and Trademark Office's Web site, Don't add a domain extension to your trademark to prevent others from registering the same name by adding another extension.What is the best trademark company?
Trademarks- LegalZoom Legal Plans.
- MyUSACorporation.
- RocketLawyer.
- SwyftFilings.
- Trademark Engine.
- Trust and Will.
- TTC Business Solutions.
- Willing. WillMaker.
