Stone Mountain, GA asked in Business Law, Trademark and Intellectual Property for Georgia

Q: Should I register my business name before trademark

4 Lawyer Answers
Hassan Hussein Elkhalil
Hassan Hussein Elkhalil
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: It depends on your business and what you are trying to protect. If you feel your business brand is unique, growing and have or may have a value in teh market, trade mark is a good form of protection.

Good luck.

David Aldrich
David Aldrich
Answered
  • Trademarks Lawyer
  • Shelton, CT

A: Generally, it is a good idea to form the business before filing for any trademarks. When you apply for a trademark, the "owner" you identify should be the entity that is actually using the mark in commerce (or else you put your registration in jeopardy). This is typically the company, not an individual.

Glenn M. Lyon agrees with this answer

Felicia Altman
Felicia Altman
Answered
  • Trademarks Lawyer
  • Mercer Island, WA

A: Generally, it is good practice to form a business prior to filing any trademarks, however it is always good to ensure the business name is not already filed as a trademark by someone else prior to forming the business.

James L. Arrasmith
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Answered

A: Registering your business name at the state level typically secures your name within that state and is often a step in the foundational process of establishing your business.

A trademark, on the other hand, provides legal protection for your brand name, logo, or slogan at a national level. It's wise to check for trademark availability before registering your business name to avoid potential infringement issues.

However, trademarking is not a prerequisite for registering your business name. Each serves a different legal function and the sequence can depend on your business strategy and priorities. Always consider seeking professional legal advice tailored to your specific circumstances.

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