Manteca, CA asked in Business Formation and Trademark for California

Q: Should I trademark my business name for an online t-shirt business?

I am planning to start a business from home in California, selling custom t-shirts online across multiple states. I haven’t decided on a business name yet. Should I trademark my business name, and what are the benefits of doing so?

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2 Lawyer Answers

A: It is always smart to trademark your business name in order to protect your brand identity and to ensure no one else can use or infringe on your business name and brand you are building. You can file a trademark with the USPTO and it is always smart to consult a trademark attorney to guide you through the process.

James L. Arrasmith
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Answered

A: Trademarking your business name for an online t-shirt business can be a smart move, especially since you'll be selling across multiple states. The decision ultimately depends on how unique your name is and your long-term business goals.

When you trademark your business name, you gain exclusive rights to use that name nationwide in your industry. This prevents competitors from using similar names that might confuse customers, protects your brand as you expand into different states, and adds significant value to your business if you ever decide to sell it in the future.

Before applying for a trademark, conduct a thorough search to ensure your desired name isn't already taken. You might start with a state-level business name registration in California while your business is small, then consider a federal trademark as your sales grow across state lines. Remember that trademark protection begins only after you've actually used the name in commerce, so choosing a distinctive, memorable name from the start will make the trademark process much easier down the road.

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