Should i trademark before selling?

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Velma Lind asked a question: Should i trademark before selling?
Asked By: Velma Lind
Date created: Sun, Jan 31, 2021 9:50 AM
Date updated: Fri, Jul 1, 2022 2:42 AM

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Top best answers to the question «Should i trademark before selling»

You can file your trademark registration before you have a product ready to sell, but to apply for the trademark, you must be able to clearly identify the product you are going to be selling. Common-law trademark… That means you can obtain a common-law trademark before your product is actually ready to sell.

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You can file your trademark registration before you have a product ready to sell, but to apply for the trademark, you must be able to clearly identify the product you are going to be selling. Common-law trademark. When you use a logo, slogan, or name in the marketplace, even if it's only in pre-sale advertising or marketing, you acquire common-law rights to it. That means you can obtain a common-law trademark before your product is actually ready to sell.

As we discussed in this article, you can’t trademark your actual product. However, you certainly can trademark the name, slogan, or logo of your product. If you want to name and brand the product as something different than your company name, you would need to file those separately.

Trademark rights are based on use, and are automatic upon first use. So, if you start selling your products, someone else will have difficulty trademarking your logo in a way that would stop you doing what you were doing before they started in the territory in which you were using. If you are selling online, that may quickly become nationwide.

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.

While it's true that you can apply for federal trademark protection at any time, we always tell our clients that sooner is always better.

Registering your trademark might be important, but not every company registers its marks from the start. It may be because the company is still in the process of developing the brand, or they simply have not considered the option. More pertinent is the fact that not every company actually has a trademark.

For most small business owners, trademarking your logo, business name, slogan, or tagline should be sufficient enough to combat anyone from stealing your brand’s identity. If you are using your logo to build your brand and sell goods or services, then applying for a trademark should be one of your first priorities when starting your business.

A trademark identifies the source of goods or services. Business names, product names, logos and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO).

If you tend to sell nationwide, or offer the intems over the internet, you should definately seek federal trademark protection. With a US trademark registration, you are presumed to have rights in the mark anywhere in the United States.

Someone who wants to sell a trademark (because he or she is moving onto other ventures or would like to generate extra funds) has to be the intellectual property owner and will have to formally assign rights with the appropriate government office. The seller has to be the sole owner or has to sell it with the other owners.

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