It is better to form an LLC before filing a trademark application. So, before you submit a trademark application, you should create an LLC or other business entity. A business should form an LLC before applying for a trademark because the LLC will own the trademark.
The surest way to LEGALLY own your trademark is to register it with the U.S. Patent and Trademark Office. Federally registered trademarks are stronger than common law trademarks. Read about the advantages of trademark registration here.
To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application. You can do this online, through the USPTO Trademark Center, an online trademark filing service, an attorney, or by submitting a paper application.
Likelihood of confusion is a common reason for refusal of a trademark application. The USPTO will review your application and compare your mark to any existing trademark applications or registered trademarks.
Many businesses have a logo that they use to promote their goods or services. Often this is in addition to their name, which might just be plain words. Ideally, if you have a logo, which is more than just a stylised version of your words, then it would be preferable to register both the plain word mark, and the logo.
Trademarking your company's logo is an essential step to protect your rights. It's also a complex process that requires expert legal assistance. What would you like to protect?
U.S. trademark law enables you to protect a logo design, word mark or any other brand identifier from being used by another third party in connection with a similar product or service to yours.
How to make sure you have a strong logo design for your trademark. Use a unique image or graphic design rather than something generic. Keep it clean and clear with a good use of color and empty space. Use easy-to-read typography. Make sure your design represents your brand identity and appeals to your target audience.
A trademark is a distinguishable and recognizable sign, design, or expression that identifies specific products or services of a particular source as distinct from others. A logo is a graphic sign, mark, or symbol used to identify a particular source. It is fair to say that a logo is a type of trademark.
The standard registration period for a trademark is 11-12 months from the date of filing the application. The accelerated registration period for a trademark is 10 working days from the date of filing the application. Trademark registrations in Georgia are valid for 10 years from the filing date.