# Did you Trademark your Business Name?



## CharliesTshirts (May 31, 2010)

Was wondering how many folks on the Forum bought a Trademark for their Business Name. 

Seems like the $300 or so would be well spent in order to make sure your business name is protected...possibly saving $100's or even $1000's of dollars down the road.

Thanks!

Charlie


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## kimura-mma (Jul 26, 2008)

Business names are registered at the state level as a Corp, LLC, DBA, etc.

Trademarks are for brand names or logos. If you can fit the $300 into your budget, it's well worth registering a trademark. But if you are on a limited budget, focus on more important areas like production and marketing.


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## awesome1 (Jul 13, 2010)

I got a trademark for my brand because I really wanted to protect it and it makes it more marketable, and licensable.


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## Domboslice (Nov 16, 2011)

I am almost ready to market my brand and make it public but have yet to register as an LLC or trademark the business name. 

-Should I make sure there is a market for my brand prior to filing as an LLC and trademarking my brand name? Should I just trademark and wait to file as an LLC until I know i have something legitimate to work with?

-Can I even trademark my brand name before I have sold anything? 

Thanks!!


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## kimura-mma (Jul 26, 2008)

Domboslice said:


> but have yet to register as an LLC or trademark the business name.


Just to clarify, you only need to register the *business* name as an LLC. You would trademark your *brand* name. If they are the same, that's fine. But if they are different, then this is how you would do it.



Domboslice said:


> Should I make sure there is a market for my brand prior to filing as an LLC and trademarking my brand name? Should I just trademark and wait to file as an LLC until I know i have something legitimate to work with?


For legal and tax purposes, you should register your business first. You don't have to file an LLC, you can file a DBA instead if that makes more sense. It's best to consult a local accountant for more specific info.

Registering a trademark is a good idea if you have the money to spend. But if you are on a tight budget, wait til you have some cash flow. Spend your money on production and marketing to get started. Then you can trademark later on.



Domboslice said:


> Can I even trademark my brand name before I have sold anything?


You can file the application before you have sold anything. But the process will not be completed til you have submitted proof of use in commerce.


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## awesome1 (Jul 13, 2010)

Domboslice said:


> I am almost ready to market my brand and make it public but have yet to register as an LLC or trademark the business name.
> 
> -Should I make sure there is a market for my brand prior to filing as an LLC and trademarking my brand name? Should I just trademark and wait to file as an LLC until I know i have something legitimate to work with?
> 
> ...


Getting your LLC is incorporating your business, which is mostly for tax purposes. This makes you a legitimate business and that is how you get your Tax ID number from the IRS, and it a necessity for getting things like business bank accounts. Search for your state's secretary of state corporations page for more info. In La, it only cost me $75 to incorporate.

You can trademark your brand/logo whenever you want, you do have to show use in commerce or plans to use in commerce. They check to see if anyone else is using it and to see if you are the rightful owner. You can put TM behind your brand if you are thinking about getting it trademarked, this shows that you are in the process of trademarking and hands off to others.


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## Domboslice (Nov 16, 2011)

You can file the application before you have sold anything. But the process will not be completed til you have submitted proof of use in commerce.[/QUOTE]

Will the application being submitted prior to use in commerce protect my brand name in the mean time as proof that i submitted it at a certain time? 

-I plan to market my brand out of the state in which it will become an LLC so i am just a little nervous to put my idea out there with no protection. 

Thanks!


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## kimura-mma (Jul 26, 2008)

The application will date stamp your claim to the mark. But technically, use in commerce is what is used to define the rights to a mark.

Even with a registered trademark, someone can still steal it. Go ahead and start selling. Just keep records of everything (when you get shirts printed, when your website goes live, when you made sales, etc) so you can prove when you started using the mark in commerce.


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## Domboslice (Nov 16, 2011)

I have stickers made that I plan to use to market the brand. I am not necessarily selling them, more so just using them for marketing purposes. Would this qualify as use in commerce? If not should I be skeptical about marketing my brand through these stickers without filing a trademark for the brand name? 

Im really antsy to get the visual of the brand out there to get a response but also want to be covered.

- As for filing a trademark can I apply for it as an individual then transfer it to a business entity through USPTO? In other words is the filing of an LLC at a later time than the trademark application going to affect me in any way in regards to the legal aspect? I assume its just additional paperwork to be filed later and maybe more fees.


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## kimura-mma (Jul 26, 2008)

Just sell some stickers to a friend for $1. Give him a receipt, keep a copy for yourself.

When submitting your "statement of use," the stickers should be ok. Just specify that they are being used to market the product and are included with the shirts when selling/shipping to the customer.

What exactly are you skeptical about? Are you really going to file lawsuits if someone steals your logo? That's the real way to protect your trademark. The registration just gives you public record.

You will need to talk to an attorney or someone at the USPTO regarding transferring the ownership of the mark. But you can just keep it under your name even after you register your business.


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## ill6031 (Jan 14, 2012)

kimura-mma said:


> Business names are registered at the state level as a Corp, LLC, DBA, etc.
> 
> Trademarks are for brand names or logos. If you can fit the $300 into your budget, it's well worth registering a trademark. But if you are on a limited budget, focus on more important areas like production and marketing.


where can you do for 300$?

i think everywhere ive searched was over 500


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## kimura-mma (Jul 26, 2008)

If you file online directly with the USPTO, it's $325. If you use their PLUS application, it's $275.

The ones you are searching are probably services that are adding on a profit for themselves.


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## ill6031 (Jan 14, 2012)

kimura-mma said:


> If you file online directly with the USPTO, it's $325. If you use their PLUS application, it's $275.
> 
> The ones you are searching are probably services that are adding on a profit for themselves.


oh did not relise you could do it yourself..i thought you need some sort or "representation" thank you


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## Manqoba (Jan 12, 2012)

Register yo business and your trademark in that way you have protected your ideas, otherwise someone might see yo clothing line and go register it as a trademark...then u will have to buy it from him/ her


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## kimura-mma (Jul 26, 2008)

Manqoba said:


> someone might see yo clothing line and go register it as a trademark...then u will have to buy it from him/ her


The laws may be different in South Africa. But in the US, first use in commerce is what determines trademark ownership. It doesn't matter who registers it first. And soliciting the sale of a registered trademark to someone who used it first in commerce is illegal here.


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## thisone (Nov 22, 2006)

(Quote)
The laws may be different in South Africa. But in the US, first use in commerce is what determines trademark ownership. It doesn't matter who registers it first. And soliciting the sale of a registered trademark to someone who used it first in commerce is illegal here. (quote)

So I can start selling, using my brand name (And use TM symbol?) before applying for trademark.

And I would have first rights to it even if sombody else likes the name and tries to Trademark,
(As long as i have proof of date I started using it first, Like date my website goes live)

Do I understand corectly?

Can someone provide a link to this Info 

Thank You
Tony


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## kimura-mma (Jul 26, 2008)

Everything is correct. Except you will want to have better proof of use in commerce than your website going live. Something directly related to your product would be better, such as printed shirts, labels, hangtags, etc.

All of this info can be found on the US Trademark Office site. Here is a link to their FAQ page:
Trademarks FAQs


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## thisone (Nov 22, 2006)

Thank You Tim

I might use a print on demand service at first like cafe press.

Im not sure what would be proof of first use in commerce.


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## kimura-mma (Jul 26, 2008)

Keep a record of your sales. That would be your proof.


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