Does my business name need to be trademarked?

Trademarking your business name isn't required, but it offers stronger protection than just registering it with the state.

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USLF Multistate Patent and Trademark Law Handbook - Guide

Trademark Laws For Business Names In Utah

Category:

Copyrights Patents and Trademarks - Guides and Handbooks

State:

Multi-State

Control #:

US-003HB

Format:

Instant download

Description

This Handbook provides an overview of federal patent and trademark law. Information discussed includes types of patents and trademarks, duration of registration, requirements for obtaining, a guide to the application process, protecting your patent or trademark, and much more in 18 pages of materials.

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Use Requirement – You must be actively using your name in commerce in order to file for and maintain rights to the trademark. Your name trademark could be cancelled if you are not continuously using it in the ordinary course of trade. No Absolute Ownership – You do not own all rights to use your name in any context.

Trademarking your business name isn't required, but it offers stronger protection than just registering it with the state.

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

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Application and management information, including forms for a Utah Trademark that registers with the Utah Division of Corporations and Commercial Code. If the owner is a business entity, rather than an individual, the applicant's name under which the entity is organized must be entered.(1) The registration of a mark under this chapter expires five years after the date the division certifies the registration under Section 70-3a-304. Green Legal Group provides advice and counseling services for all aspects of trademark law in Utah. In addition to the general naming rules, Utah requires that a few other restrictions are met, such as the rule any registered business name must be in English. To be classified as a trademark, the name must have a special filing with the USPTO, and the more unique your name is, the more likely it is to be approved. Utah law specifies that your LLC's name needs to be unique in several ways, so you can't just use any name you want and add "LLC" to the end of it. When filling out the application, you will be inquired about the field of business your trademark is going to be used in. As a caveat, a business name registered with the state is not trademarked, nor is a website domain. You must be careful that your Utah LLC name doesn't infringe on the trademark or service mark of another business.

Trademark Laws For Business Names In Utah

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What are the rules for trademarking names?

Does my business name need to be trademarked?

What happens if I don't trademark my business name?

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