![]() ![]() In a more complicated case like the one mentioned above, the process can linger or years.Īfter your application is denied, you will have to decide if you want to fight or go in a different direction. Once you decide, expect the process to take from six months to a year. When they applied to trademark their daughter’s name, it was rejected because a wedding planner has an established business under that name. If the name you want is already attached to a business, you will need to negotiate with the owner to legally obtain the name.Ī prime example is famed entertainer Beyoncé, who is engaged in a fierce trademark battle over the name Blue Ivy. No, you cannot trademark a name already in use. This is crucial if several knockoff companies have formed off of your success. One thing to keep in mind, if you build a successful brand and decide to sell down the road, the lack of a trademark can impact your sales price. If your business is just a hobby, then yes, the time and cost may be seen as a lot. In terms of trademarks, if you plan to be around 10 years from now, it is not expensive. It is advisable that when you decide if it is necessary for your brand that you seek legal counsel.Įxpensive is a relative termed that can only be defined by the value you place on something. Trademark filings are complicated and simple mistakes can cost money. If you are a foreign entity, you are required to have an attorney to file for a trademark. For businesses in the U.S. that need to register one, an attorney is optional. ![]() Will I Need to Hire a Trademark Attorney? You can register a DBA with the state and apply for a trademark. You can list a fictitious name in your articles of incorporation.Ī trademark will protect your fictitious name from being used in other states, whereas, a corporate filing is for the state where the business is headquartered.įor all intent and purposes, a DBA is the same as a fictitious name. The two differ in that you’re not trademarking the actual work, but you can the author’s name or company that produces the work.Ī fictitious name is a name your business is known by although it is not the legal name of the entity. Like trademarks, by registering with the government you receive legal protections. If you are the creator of artistic work such as a book, music, performance, movie, or any other creative work, you own the copyright. We have already covered trademarks, so here are brief descriptions of the other terms. These are not the same and have different rules. People asking about a trademark sometimes wonder the same about copyrights, fictitious names, and Doing Business As (DBA). What’s the Difference Between Copyrights, Fictitious Names, and Trademarks? They have reached 716 filings, and the number is expected to grow. The Kardashian and Jenner brands aggressively file trademarks. With a registered trademark, you’re protected everywhere. When you set-up a business, the name is only protected within your state. It would be terrible to invest time, money, and even years into building a name logo, tagline, packaging, etc., only to learn the name is taken. No one knows how their business will be received by the public, but if you believe in your brand, the answer is yes. The golden arches of McDonald’s represent a logo trademark. A slogan example is Nike’s Just Do It! Television networks trademark their acronyms and businesses like Apple have trademarked their names.Įven though you have a recognizable trademark that identifies your brand, you still need to get approved through the USPTO. ![]() What If Someone Infringes on My Trademark?Ī trademark is a recognizable word, phrase, symbol, or design that is easily attributable to a business, product, person, etc.Will I Need to Hire a Trademark Attorney?.What’s the Difference Between Copyrights, Fictitious Names, and Trademarks?. ![]()
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