Quick Answer: What Should I Trademark?

Is an LLC 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..

Is it worth getting a trademark?

The default answer is always – no. Entrepreneurs should only incorporate, trademark or patent their inventions when absolutely necessary because doing so is expensive and time consuming. Generating revenue and keeping expenses to a minimum is what every scrappy entrepreneur must focus on in the early years.

How long does a trademark last?

ten-yearHow 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.

Do you pay taxes on a trademark?

Your Registered Trademark and Its Tax Implications You cannot deduct the cost of creating your trademark, but you can apply it to your formulation of the “income tax basis”, which is the reference point for determining tax liability upon sale and depreciation deductions.

What is a trademark secret?

A trade secret: is information that has either actual or potential independent economic value by virtue of not being generally known, has value to others who cannot legitimately obtain the information, and.

Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. … So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.

How do I choose a good trademark?

Selecting a good trademark is as simple as following these simple guidelines.Avoid Trademarks That Can’t be Registered. … Purely Descriptive Words Don’t Work. … Say No to Surnames. … Leave the Confusing Trademarks Behind. … Avoid Generic Words. … Describe an Experience. … Go Off the Rails with Something Unrelated. … Animal or Plant Names.

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.

Do I need a trademark if I have an LLC?

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. And if you are considering incorporating or forming an LLC but haven’t gotten around to it yet, you should do so before registering any trademarks.

Can you trademark without an LLC?

No, you don’t need an LLC to register a trademark. Think of a trademark like a car – you can own it personally, or you can co-own it with someone else, or it can be owned by a business entity, such as an LLC or corporation.

What is a good example of a trademark?

Louis Vuitton is an example of a name that is a trademark. Louis Vuitton built his company off of his name. He made a reputation for having quality products. His name is also his brand, and because he used it to distinguish his products from those of others, it is considered a trademark.

What are the 3 types of trademarks?

There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.

The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. … The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.

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.

Can you make money off a trademark?

Trademarks can be used to make you more money with minimal effort. … Because they don’t cost you anything to create and can be turned into a money-making machine with very little investment. Most of us have thought of a catchy name, slogan or phrase but did not know how to monetize it and use it to make money.