![]() ![]() Take the mobile game developer Warballoon LLC, for instance. In that case, it is much more important to trademark the product or brand name than it is the company name. Trademarks and identityĭoes your company name identify your products? In many cases a company will use distinctive branding on its products independent of the company name. Read more about the pros and cons of common law trademark rights here. It costs money up front for the filing fees, and more if you utilize a trademark attorney, but it can save you plenty in legal fees if you ever face an infringement case. Typically, you will save time and money in the long run by filing a federal trademark application and establishing trademark rights that way. You can prevail, but relying on this level of trademark protection can prove costly if another business pops up with a similar name for their business, or goods and services. If not, you have to take pains to prove that your use of the mark predates the infringing use. If you have successfully gone through the application process for a federal trademark registration, you have clear grounds to sue those who infringe on your mark. Specifically, you might find it difficult to prevent others from using your trademark as you do not have exclusive rights to the name. You will, however, find it difficult to enforce them without a federal trademark registration. As long as you were the first to use the mark in commerce, you technically have trademark rights. Common law trademark rightsĮven if you never file a federal trademark application, you can still claim rights to the marks and intellectual property your business uses. So do you need to trademark your business name? Your company’s particular circumstances will determine the answer to that question. ![]() But it is not necessarily the top priority for certain types of businesses. In many instances yes, companies should trademark their names as it provides additional protection at the federal level. However, does it follow that all businesses should trademark their names? All businesses benefit from trademark registration. ![]()
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