Can i trademark without a business [Expert Advice]

Last updated : Sept 21, 2022
Written by : Janette Buttross
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Can i trademark without a business

What are the three types of trademark?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can I register a trademark without a company in us?

The answer is yes. Anybody, anywhere in the world can file a US trademark application.

How long is a trademark good for?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Is it expensive to trademark a name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Should I get a trademark or LLC first?

It is important to get BOTH an LLC and a trademark and it is best to form the LLC BEFORE applying for a trademark. Each offers different protections, and they work together to provide broad protection for your business. It is better to form an LLC before filing a trademark application.

Can individual register trademark?

Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark.

What is required for a trademark?

Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.

What are the 4 types of trademarks?

  • Generic. A generic term is a common description that does not receive trademark protection.
  • Descriptive.
  • Suggestive.
  • Arbitrary or Fanciful.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

How long does a trademark take to get approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

Is it better to trademark a name or logo?

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

How much is a trademark worth?

Trademarks can have no value, or can be very valuable indeed – it all depends on the business associated with the mark!

How do I copyright a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

How can I trademark my logo for free?

Can you trademark your logo for free? You can not register a trademark for free. However, what you can do is establish something known as a "common law trademark" for free. You can do this by simply opening for business.

Do I have to trademark my logo?

To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

Who should be the owner of a trademark?

Trademark owner is the party who controls the nature and quality of the goods and services used in connection with the brand. The owner of a trademark is the person who applies the mark to goods that they produce, or uses the mark in the sale or advertising of services that they perform.

How do I register my brand name?

  1. Register on the trademark office portal:
  2. Trademark search:
  3. Filing of trademark application:
  4. Examination of trademark application:
  5. Show Cause Hearing:
  6. Publication of Mark in Trademark Journal:
  7. Trademark registration & certification:

What can you not trademark?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

What are the benefits of registering a trademark?

  • A Federal Trademark Registration Protects Against Infringement.
  • A Federal Trademark Registration Provides Nationwide Validity.
  • A Federal Trademark Registration is a Valuable Asset.
  • Unique Trademarks Helps Customers Find You.

Can I put TM on my logo?

You can claim a trademark on anything by using the TM Symbol, but you can't use the registered trademark symbol (R) unless you have registered the trademark with the US Patent and Trademark Office.

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Can i trademark without a business

Comment by Keven Avril

Thanks for this great article

Thanks for your comment Keven Avril, have a nice day.
- Janette Buttross, Staff Member

Comment by ErronerorbdumW

establish your business protect your name and keep your profit hello I'm Tammy Shambaugh a houston-based attorney and creator of ask Tammy live where we discussed the best ways to establish a business protect your name and keep your profits today we will answer the question can I register a trademark without having a business the simple answer to your question is sometimes in very limited instances so generally speaking when you are registering a trademark needs to be a mark that has been used in commerce that means used in business to identify you as the source of a good or service so it has to be something that distinguishes you something that makes you different now if that's not the case there are two limited instances where I have come across people who are able to register trademarks even though they don't have businesses the first one is with an intent to use now I wouldn't even say that this is a full-out registration of a trademark this is an application that you can file with the United States Patent and Trademark Office so that's the USPTO that says I'm not currently using this mark but I plan on using this mark in the future in those instances you file this application and it basically reserves that mark for you but you'll still have to go through the actual registration process when you are trying to register the trademark so that's a loose loose version I guess of registering a trademark but it doesn't have the same weight that a full registration comes with the next incense that I see this come along and this is a little bit more of a registration without a business is with celebrities the law grants celebrities something called the right of publicity that is the rights and the exclusive rights to protect their name and their likeness so if you are someone who is a celebrity in some regard you can trademark your name because it identifies you and so you might not have a formal business but you may be the business in that instance you can protect that you also see people protecting catchphrases slogans colors but these still go back to identifying and distinguishing something that is provided in business so though you might not have a formal business if you have things that are related to a business that identify or distinguish you has the source of a good or service you can file for a registration or you can obtain trademark registration if you meet the legal requirements I hope that this video has helped it's short and sweet straight to the point I want to make sure that you are in a position to really protect your business and so if this has been helpful please do not hesitate to subscribe below additionally follow me on social media at TOS legal on Facebook and Instagram last but not least feel free to reach out to me if you're in the Houston area by scheduling a consultation you can do so by visiting for

Thanks ErronerorbdumW your participation is very much appreciated
- Janette Buttross

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