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Can you use a business name if it is trademarked?
Trademarked names are registered with the U.S. Patent and Trademark Office (USPTO) and are protected nationally. If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours.
Should I or my company own my trademark?
The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. This is an important decision and naming the proper owner for purposes of registration is critical to maintaining a valid trademark.
Do I have to put Inc on my logo?
Logos depict the “trade name” of the company, and there is no legal reason to include Inc, LLC, Ltd, or any other legal designation on your logo. Use the full legal name on any important documents – invoices, contracts, tax returns, legal records, etc.
Can two companies have the same trademark?
As a general rule, trademarks do not infringe one another if the underlying products or services of the two companies do not compete and are not distributed in the same trade channels or locations. One of the primary aims of trademark law is to prevent consumer confusion.
Can you trademark a name without an LLC?
To register a trademark, you’ll need to file an application with the U.S. Patent and Trademark Office. If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC.
Can you use Inc for an LLC?
The designation “LLC” stands for “limited liability company,” which is a form of business entity that is similar in some ways to a corporation, but is separate and distinct from a corporation. No state allows an LLC to use the designation “Inc.”
Can a trademark be used without permission?
A trademark may be used without permission for identification purposes when the trademarked item is a part of a larger product. For example, if a car comes with XYZ tires, the car company can mention that fact using the trademark ‘XYZ tires’.
Do you have to use the trademark symbol every time?
The symbol does not have to be used every time the mark is used. Instead, use the symbol in the first instance the mark is used, in the most prominent use of the mark, or both. Repeated use of trademark symbols can become cluttered.
Can a company name be a trademark or service mark?
Look at the way well-known brands use their company name as a trademark or services mark. They usually do not include an entity descriptor–e.g. Inc., Corp., Ltd., or LLC–in those brand usages. For example, the company behind the Starbucks brand is “Starbucks Corporation.”
Can I use someone else’s branded products in my business?
Using someone else’s branded product as an ingredient of your own or integrating it in some way will usually not be a problem, at least not under trademark law. But merely taking another’s branded product, removing that branding and replacing it with your own is a form of trademark infringement known as “ Reverse Passing Off.”