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When Should I Trademark My Name or Logo? - All Up In Yo' Business

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Contact Aiden and learn more at www.180lawco.com. Someone asked me recently when is the best time to trademark your business name or logo. The simple answer: As soon as possible! Really, in general, the sooner the better for filing a trademark for your business name or logo. I discussed in a previous video that you have some trademark rights under common law even if you never register it with the U.S. Patent and Trademark Office (USPTO). But, having a registered trademark is infinitely better and it makes your trademark rights a lot stronger. So, even though you might have a common law trademark in something, its always better to actually register the trademark if you can. To register a trademark, you do have to be actively using whatever the trademark is in commerce. So, if your business is already established, i.e., you have a website or marketing materials using your business name or logo that you are trying to trademark, then you are actively using it in commerce and that will work in your favor when you try to get it registered. If you’re not quite there yet, for example, maybe all you have so far is a great logo, you can still file an application for the trademark. However it is an “intent to use” application… and it is exactly what it sounds like. It means that you are intending to use whatever the trademark is. So, that will buy you some time in being able to actively use that trademark in commerce, but still getting that protection if your trademark is ultimately registered. So, even if your business is not actively started yet, you can, in most cases, still file that intent to use application to get a head start on that trademark registration. So, simply put, the sooner you can file a trademark application, the better off you are. It basically gets you first in line in priority of using that trademark, assuming no one else has already used it. And if you are still getting your business started, you can file that intent to use application in order to get a little extra time for you to start using it actively in commerce. Contact Aiden and learn more at www.180lawco.com. [email protected] | 720-379-3425 Thumbs up & subscribe if you want more AUIYB! Follow Me! IG: @allupinyobusiness Twitter: @_AllUpInYoBiz www.facebook.com/180lawco www.google.com/+aidenkramerlawAUIYB www.pinterest.com/AUIYB The information provided in this video should not be construed or relied on as legal advice for any specific fact or circumstance. Its content was prepared by 180 Law Co. LLC, with its principal office located at 50 S. Steele Street, Suite 250, Denver, CO 80209. This video is designed for entertainment and information purposes only. Viewing this video does not create an attorney-client relationship 180 Law Co. LLC or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice. All Up In Yo’ Business® is a registered trademark of 180 Law Co. LLC. ©180 Law Co. LLC. All rights reserved.
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Text Comments (230)
BLaNKBaTeS (2 days ago)
Can you do a logo and slogan in one?
michael kelemen (19 days ago)
can you make a pun outa someone else name while selling similar products?
Timothy Marlowe (22 days ago)
I need help please
I_Inferno (23 days ago)
How DO you trademark something?
The Meat Stall (24 days ago)
Great video. can you trademark  a logo and a product name at the same time.
CastroVlogs (1 month ago)
is there a way to look up if some one is using the same business name as you?
CastroVlogs (29 days ago)
+180 Law Co. LLC I had Google the name but nothing in the US came up
180 Law Co. LLC (1 month ago)
Yes most states allow you to search the state registrations online, and you can search the federal trademark database at uspto.gov. Googling the name is also a great way to start the search!
Alexx Daye-Alberson (1 month ago)
I've watched several of your videos and YOU ARE AWESOME!!!!! Thanks for the education! This has been the greatest help!!
gh xgkv (1 month ago)
Do I need a DBA or LLC to do this?
180 Law Co. LLC (1 month ago)
Nope
John Daniels (1 month ago)
Good morning, thank you for the video, I have a question. If you have a video game named Heavylevel. And then you know you're going to make another video game with the same name but version 2, example Heavylevel 2 would you need to trademark just the first name or both names or would this be considered a derevitive?
Thank you
brian mittoo (2 months ago)
I will be calling you. Thx for the great vid
Fausto Herrera (2 months ago)
If I have a logo and I only want to copyright it, could someone esle take that logo and use it as their own?
Oneal Maloney (3 months ago)
I get what she's saying a little bit right, but someone please simplify it for me, basically shes saying you can have a up and running business with a name and logo, but if the the business isn't rigistered yet no one can steal the name due to the common law act?
sinik360 (3 months ago)
If another LLC has the name you want for your LLC. Does that LLC own the rights to the name? What if they haven't trademark the name?
MrEnciso88 (3 months ago)
I have my Logo® copyright complete, but now I would like to add multiple flags from 21 different countries to my logo. Will I find myself in trouble if I try to register for a ™ for each one?
vijaykanth1369 cigiri (3 months ago)
I am name creator.I participate in naming contests.Can I register the names created by me and sell it to anybody(in the sense industrialists who wants to start a new business with a new name) who need them.How much amount of money do they charge for renewal of the name every year?Which website takes less amount of money for name registration.Are there any hidden charges in cheap domain name registration?
trafficiskey (3 months ago)
Where can I find a trademark application, I am in PA
trafficiskey (3 months ago)
Thank you!!
180 Law Co. LLC (3 months ago)
The federal trademark application is at uspto.gov.
Chelane Sweets (3 months ago)
What or where do I go for my logo ?
Navard Stewart (3 months ago)
Can you trademark a business name if it is only trademarked in one state. Ex: if I wanted to trademark candyworld and someone else has it trademarked in va, will I still be able to use it?
trafficiskey (3 months ago)
Thank you!! I am in another state, can you still help me protect my logo?
trafficiskey (3 months ago)
180 Law Co. LLC  Thank you!!!
180 Law Co. LLC (3 months ago)
I wouldn't be able to help you with a state-level trademark registration, only a federal registration with the USPTO. You can find all of my pricing info on my website at 180lawco.com/my-fees.
trafficiskey (3 months ago)
Thank you attorney for that information, so how much it cost to trademark my logo in my state, I am in PA
180 Law Co. LLC (3 months ago)
Nope! They are two completely separate and unrelated things. Registering an LLC with the state has nothing to do with the trademark registration of a logo.
Rachel Tookes (3 months ago)
Thank you for your response, question? If I have an llc, wouldn't my logo already be registered?
Jessie Alice (4 months ago)
Hi!! Can I file a trademark on my own? How? How active do you have to be with your company name in order to just submit the trademark instead of the intend to use one?
K00D0S (4 months ago)
🙃
K- Mckinney (4 months ago)
Thank you!
Leila Jeffries (4 months ago)
I received my business llc license in Texas a few days ago and now I see that someone else has a trademark on it. What can I do? And why would the state give me the name if it was already trademarked.? Leila Jeffries LEIBO LLC
Frank Navas (4 months ago)
Thank you for the video, very illustrative!! What happen when you search for a trademark and showed abandoned, can use it?
180 Law Co. LLC (4 months ago)
If a trademark shows as dead or abandoned, the USPTO will not take it into consideration when they're doing their own evaluation. But that doesn't necessarily mean you can trademark it--there's a reason the application was abandoned, and it's often because the applicant could not overcome a likelihood of confusion refusal. That's a great question and topic you've posed--I'm going to put it on the list and try to make a video about it soon! But if you have additional questions or want to talk about it further, feel free to schedule a consultation on my website. www.180lawco.com/scheduling
XxDarkSkin Beauty (5 months ago)
I Have A Small Business Idea And You Will Definitely Be My Go To For Any Advise I Need ❤ Very Clear, Simply Put And Tons Of Helpful Advice In This One Video !! Thank You
NGO Aap Tak (5 months ago)
THANKS MAM https://www.youtube.com/watch?v=7mvTo5Wag2M
Curtis Jennings (5 months ago)
If I have established registered logos in use, but want to introduce a new logo to add to my application but not planning to use till user growth occurs can I trademark it. For example: IG was established but introduce the IGTV logo. If I had like a IGTV logo I wanted to introduce later to my already established application can I trade mark it in advance so it is not taken?
180 Law Co. LLC (5 months ago)
You can apply for it under an intent-to-use filing basis, but it will not become registered until you've actually begun using it in commerce. But P.S. you cannot "add" a trademark to an application. Each trademark is applied for and registered separately.
Rigon Sierra (5 months ago)
Hi Aiden, you are ASMR material. You should consider making some of those videos. I came across your video with the intent of getting some advice on how to copyright my logo that I'll be using online. Then I became mesmerized by your eyes and your voice was what basically triggered the ASMR mode. Great advice by the way, and overall great video.
Miguel Pastran (5 months ago)
Thank you
Kiaudi_ofrkment (5 months ago)
Thanks for sharing this was very helpful
Jo-jo Stovell (5 months ago)
My question is to trademark my logo , business name and company slogan is all 3 different prices???
Jo-jo Stovell (5 months ago)
180 Law Co. LLC Thank you so much for your Swift response ,so I have an online business so I guess the name is already secure in that aspect but so I just have to secure my logo and slogan before someone steals it off of the internet right ?
180 Law Co. LLC (5 months ago)
Correct, each one would be a separate application and separate fees
SOLO SCOTT TV (5 months ago)
If you get a name copyright and have to withdraw it do you get your money back?
180 Law Co. LLC (5 months ago)
Nope, you don't get any of that money back
BarStockPlus DOTcom (5 months ago)
I have a question, so someone who has the same name as me but doesnt have it federally registered has higher rights because he came up with it before me? Even if I actually get it federally registered and he never registered it?
Christopher Cruz (6 months ago)
What application should a music artist use for trademark? I noticed there are 3...
Karen Alexander (6 months ago)
When can you use a TM for your business ?
Karen Alexander (7 months ago)
My question is to you, can someone have a trademark or servicemark without being registered with the trademark and patent office?
Kim Stone (7 months ago)
This is a great guide. I had my company's logo trademarked from https://www.brickellip.com/ and it is a simple process that every company should carry out
Mobi Dev (7 months ago)
Hi. Is it possible to register a trademark for individual person and then change ownership of trademark to company? I have a website, but I've not registered a company yet.
Alexander Levit (7 months ago)
I'd buy you a glass of Vinho Verde or Bubbly Rose for some info & a chance to flirt anyday!
Jai Haze (7 months ago)
If I am filing for a trademark I use in my videos, what do I file it under?
Alexandru Sorochan (7 months ago)
Where can I contact you at ?
BboyMentos (7 months ago)
Hi, I was wondering would I have to file for my business name and slogan separately?
Cristiano Martins (8 months ago)
Hi Aiden, If I use an image from a stock footage‘s website, for example, I use images form the adobe photo stock. If I download that image modify it and incorporate on my logo can I trademark it?
Judy Wiggan (8 months ago)
I wish you could help me with my Trademark for my logo how do I contact you
180 Law Co. LLC (7 months ago)
You can contact me or schedule a consultation through my website www.180lawco.com.
kevin smile (8 months ago)
Mind your own business!!! Jk Jk thank you for the videos. They are very instructive.
Dennis Schultz (8 months ago)
When should I patten my name? How or where to I do the process at I know your busy
Dwayne Robinson (8 months ago)
Thank you so much you have been so helpful. Stay blessed
angelfoodjojo (8 months ago)
Hello...thank you for the info. Where do I go to get my Business registered??
Josh Matthewson (8 months ago)
is it illegal to use it trademark if it hasn't been registered?
KinG R3LLS (8 months ago)
So what I need to just register a name keep a person from stealing it
Moythelastmexican Avila (8 months ago)
What's a good page to register a brand ??
Karen Grant (9 months ago)
Thank you...
Tony Vid (9 months ago)
Question: when trademarking a company, can you also trade mark the name used? ex: "Wicked Joe Designs" is the company's name, "Wicked Joe" is the name of "John Doe' " who is using "Wicked Joe" to do business. That way John Doe can introduce himself as "Wicked Joe."
Are u a real attorny???I have a few questions...
VeganThuggin (10 months ago)
Wow, this is the first video i chose to watch regarding this topic and i guess it will be the last. Its funny it happened this way because you are just the person i was looking for. I live in Colorado, I would like to get this process started asap. I will be in contact with you tommorow.
180 Law Co. LLC (10 months ago)
That's great! I look forward to chatting with you!
Latasia Hardmon (10 months ago)
Thank you, this infor help me to understand to the step work....
nyeemah maxton (10 months ago)
Where do i go to get thetrademark application? whats the website?
Yolanda Howard (10 months ago)
I'm glad that I found your channel .. Can you trademark your t-shirt/mug phrases, to sell on websites like Teespring etc ?
JasonSt (11 months ago)
Thank you for sharing, very informative video!
JasonSt (11 months ago)
Hi, i would like to trademark a brand name in the U.S but i dont live in the U.S. Can I do it oversees? thank u
Joshua Maddux (11 months ago)
I'm starting a tshirt company. How can I protect my business name and shirt designs from forgery
brianarachelle92 (11 months ago)
what website would yu recommend online that is legit?
Justhumbleme Clarke (2 months ago)
Did you find anyone?
Katrina Bryan (2 months ago)
https://www.180lawco.com/ or https://www.legalzoom.com/
Allen Gates (11 months ago)
Thank you for this information
Bendfate (1 year ago)
rofl love your style girl. You don't seem to give a fuck. Keep it up!!!
Mark Olsen (1 year ago)
Very intelligent and beautiful woman. Subscribed
Shaun (1 year ago)
Thank you so much for the information. Do you have a link to where I can apply to trademark ? Thanks again.
Katlyn Johnson (1 year ago)
I'm trying to trade mark my name on my YouTube channel and this girl thinks I stole it but my name is Katlyn and I call my subscribers katsquad
Kama Burton (1 year ago)
if someone has the same name, but different logo, can I still trademark? If their trademark says "abandon" or "dead" does that mean it is no good?
Arshia Saber (1 year ago)
Hi, great video! I have a quick question though... do I absolutely need anything before trademarking the name I want to use? If I have a name that isn't used anywhere right now and I want the rights for it do I need to have any proof of using it, like making a website or a t-shirt with the name on it, or a sticker maybe? I think you answered this question with explaining the "intent to use" form but I just wanted to ask the question in this form to help specify my thoughts. Thank you(:
moran tornesella (1 year ago)
Are trade marks case sensitive? For example if i wanted to trade mark something like "I like it hot", would that be trademarked in all case versions of the expression?
clipred (1 year ago)
Omg get to the point damn I hate videos like this no one care how u doing ....
Aaron Gills (6 months ago)
clipred 😂😂😂😂
SalemFU (1 year ago)
From what I've been told, copyright backtracks to the date of application [barring complications] during the application process. Could you please tell me if there is a similar situation and/or process with the trademark application process? I know you said there is some common-law protection, but is that strengthened during the application process due to an application being on record, even if it's not yet finalized? Thank you very much for your time.
J1hunnitHDS (1 year ago)
Thank you for this good information I have my FBA and DBA I think I should get my logo trademarked to strengthen my logo and brand
Mizrrain Lias (1 day ago)
+MsLaBajo FBA is for amazon, that means Fullfilment by Amazon, is when your company work with amazon is too long information for writing here
MsLaBajo (21 days ago)
J1hunnitHDS what is a FBA?
light switch (1 year ago)
How much should I expect to be paying a lawyer to help me with the trademark application
Constance Christescu (1 year ago)
I would like to trademark my business name on the intent to use. How do I go about this?
Nick Syiek (1 year ago)
Stop using comic sans.
Nick Syiek (1 year ago)
No.
180 Law Co. LLC (1 year ago)
But what if I like comic sans??
MrBones (1 year ago)
If we want to hire you for our trademark registration, how much would it cost?
azzura heffron (1 year ago)
I recently purchased a business name as well as registration. When I searched the name it showed that there were no other names registered and that no one else had legal rights to it. I recently discovered a small business in the same industry as me, they're a competitor, and they refuse to stop using the name. We are taking it to court because they had let their registration end and had not renewed it. Therefore it showed up as free to use and had no issues legally. They have slandered my name and my business name on social media and publicly. Can they do this and can they continue to use my registered business name?
Jinx M (1 year ago)
thank you you're the best and if you still in business I will get in contact with you
AppleBottemGs (1 year ago)
She’s hot
Tiana Robinson (1 year ago)
How do you do this with the Secretary of State
Larry Hernandez (1 year ago)
Thanks for sharing.
怡宋 (1 year ago)
So awesome! Here is the appropriate link(Register World IP Center & Get $100 Now !!!)http://worldipcenter.com/new-member-offer/
berlin show (1 year ago)
my company is ijamlive . should i do it as i jam live or ijamlive without using space. i dontk now what to do .
Big Wanda Knows (1 year ago)
Great video
Samantha Lerouge (1 year ago)
Hey! I am looking to trademark my youtube channel name and was wondering if it necessary to make the name into a LLC first? We do plan on making merchandise such as t-shirts but later on, but really want to protect our youtube channel name since we plan on forming that into a whole brand.
Ryan Cahill (1 year ago)
Thank you for the helpful video, this is my second one that I've seen and I will watch more. I have a question, I'm in Louisiana and my legal business name is with an LLC. Do I need to include the LLC in my logo if I did not file a DBA of the business name without the LLC?
Patrick M (1 year ago)
If you have been operating an online business for a year that's not trademarked then somebody applies using the same name, what happens from there? Do you have to prove which person operated under the name first?
180 Law Co. LLC (1 year ago)
If you think you have superior trademark rights because of the date of first use, you can oppose the other party's trademark registration once it is published for opposition. Then it would come down to a number of factors including who used it first.
Email me please +Fly Quad Daniels
TEACHTHEARTS (1 year ago)
Once you Trademark your Brand Name and Logo, is it TM'd forever or does it need to be refiled or updated every so many years?
rw stearns (1 year ago)
TEACHTHEARTS i need to know that too
DEnation HaVoK (1 year ago)
do you have to file the name / logo as 2 individual applications?
Sam Madly (1 year ago)
RIGHT AWAY! I have hundreds of thousands of plays, songs on xm, bbc radio 1 and play shows regularly. Some indie folk band with 4 followers happened to post to spotify before me and I had no idea. They filed for a TM and DBA had my music taken down off spotify with 80k plays and are making me change my name. They wanted 100k for the name. FML learn from my mistake
YOUNG MILLZ (1 year ago)
So if I have a logo I should go to uspto ? And I should be good from there I mean I really want my logo secured admittedly
Sick Nick TV (1 year ago)
I'm looking around and I'm trying to understand what should I do to protect my clothing line and logo... I'd like to have a worldwide copyright on my products...is temhe trademark something like that?
Drool Alot (1 year ago)
Do you work with people in California?
Austin Pace (1 year ago)
Great video, very helpful! I have a question... If there's a small business I found that is e-commerce apparel targeting the same demographic with a similar name im wanting to use, BUT they are located in a different state and do not have their name trademarked, if I were to apply and get my similar name trademarked first, could they come back and cause me legal trouble due to them being an active company while mine would be "intent to use", even though they had never trademarked their name? And how would I search to see if they have trademarked their name? I hope that question makes sense... I'm trying my best to save me time and money if the answer is obvious! Thanks a lot.
Anthony Delanzo (1 year ago)
i beleve this is law of land il be sovereign American
Anthony Delanzo (1 year ago)
hi i would like to know how do i claim my name from capitials to lower case. ssi and lic etc from the Corp s that own me and how i get $ they owe and how effect my disability ty
Venturous (1 year ago)
Where do you go to Trademark your logo?
Taylor Made (1 year ago)
Can I trademark a name that is already used but add something to mines like a heart on the end of it maybe written in a different way
travis hinshaw (1 year ago)
Taylor Made why would you intentionally be unoriginal? Come up with something that is you, you'll feel better and more proud of it in the long run!

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