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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 (260)
Brian Stripling (6 days ago)
I filed for an llc...for my business does that give my logo some protection
180 Law Co. LLC (4 days ago)
Nope. Registering an LLC does nothing for your logo or other trademarks.
Nicolas Nicolas (7 days ago)
Hello Aiden thanks for this video! One question I have is after I am finished designing the logo for my company how do I find out if it has is already been patterned ?
Big$MoneyBoss (17 days ago)
I know this video is old...but should I lunch my business or save for a trademark first so no one can steal or use that name??
180 Law Co. LLC (13 days ago)
Launch your business first (don’t delay making that $$!) but at least do a good search of the USPTO’s database and google to make sure the name is available.
Elizabeth Home (15 days ago)
That was my question also.
Surmai (1 month ago)
Hey is it possible to register trademark at USPTO without having an office in US? Like all company and manufacturing in a different country.?
180 Law Co. LLC (1 month ago)
Sure, as long as you are marketing and selling your products/services in the US.
Dani (1 month ago)
thank you!
Meech 18 (1 month ago)
Can I copyright a logo that I purchased online?
John Daniels (1 month ago)
What happens if you use the r for the registered trademark next to your name when the application's not finished can that mess up the application or can you get sued?
Michael S (2 months ago)
Thank you, that was very helpful. ;)
Michael Arnold (2 months ago)
Thank soooo much for your time . The way that you explain everything is ABSOLUTELY GREAT !!!!!
Ameen Harris (2 months ago)
Her voice is annoying and slow... Talk and move on... Seems like she's so worried about sounding nice and not 'making the wrong move' while recording, that she's actually annoying me... Ugh... Rough couple minutes...
Tokyo (2 months ago)
can you make a walk through video on how to register for a trade mark online and post it thanks
Glenn F (3 months ago)
this topic is so overwhelming for me
Coilykinkchick (3 months ago)
Can you trademark a name/word/slogan/phrase like “yolo” (not my name just an example)? I was shocked to find out you couldn’t copywrite a name or phrase but I’m still not clear if you can trademark it? It will be for intent to use but I want to do that first before commerce gets marketed and sold. Thank You ☺️
Coilykinkchick (3 months ago)
180 Law Co. LLC Thank You kindly! New subbie here 😎
180 Law Co. LLC (3 months ago)
You definitely can! As long as you’re using it (or intend to use it) as a trademark.
Jonathan Lopez (3 months ago)
I would like to know how much it would be if you helped me with the application and getting this done.
180 Law Co. LLC (3 months ago)
You can find my pricing info at 180lawco.com/my-fees.
Deveyon Ellis (3 months ago)
Do I need a lawyer to get a trademark. The Secretary of State in Texas told me I need a lawyer is this true?
180 Law Co. LLC (3 months ago)
You don’t NEED a lawyer for a federal trademark registration. Can’t speak to a state-level registration in Texas though, I don’t know all the laws of all the states.
Gentleman (3 months ago)
Could I get a logo before filing for my LLC
Mia I (4 months ago)
thank you for the knowledge
Alisha Morrison :D (4 months ago)
Ꭵ'm ᎳᎪᏆᏟhᎥᏁᎶ ᎥᏁ 2018 ᎥᏁ 2016 Ꭵ ᎳᎪs ᎥᏁ 5 sᏆ ᎶᏒᎪᎠᎬ
roni brittain (4 months ago)
How can I protect myself I have a business in my area that is using my business name...I have an LLC with the state as well as federal EIN. I've attempted to tell them they are operating under my name but basically wanted me to purchase their .com (which I wouldn't know what to offer) Although I'm not sure how they can operate with my business name...How can I protect myself...should I get a cease and desist letter? Thanks
nathan smiddy (4 months ago)
Yet my business name has been registered on a trade mark but the logo is not going to be the same as what mine would be, so would that make any issues for me or do I have to change the business name?
nathan smiddy (4 months ago)
That's the UK website https://www.gov.uk/topic/intellectual-property/trade-marks
WG miles (4 months ago)
What legit site would you recommend we use to trademark our brand ?
180 Law Co. LLC (3 months ago)
Coco&Jumbo Squad (4 months ago)
It’s actually 2019 young lady
9v Battery (4 months ago)
Hey i have the same bureau lamp
Billy Minter (4 months ago)
You are so beautiful OMG you look like a princess 👸 like my dream woman I ever dreamed of 🥰 the most beautiful eyes I’ve ever seen.
PRETTAE KOOKIE (4 months ago)
Happy new year...but for 2019! Still helpful now. Thank you! 👍😊
Momo (5 months ago)
Does this help if you're an artist?
Blank Bates (5 months ago)
Can you do a logo and slogan in one?
michael kelemen (6 months ago)
can you make a pun outa someone else name while selling similar products?
BD Local Media (6 months ago)
I need help please
I_Inferno (6 months ago)
How DO you trademark something?
The Meat Stall (6 months ago)
Great video. can you trademark  a logo and a product name at the same time.
CastroVlogs (6 months ago)
is there a way to look up if some one is using the same business name as you?
CastroVlogs (6 months ago)
+180 Law Co. LLC I had Google the name but nothing in the US came up
180 Law Co. LLC (6 months 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 (6 months ago)
I've watched several of your videos and YOU ARE AWESOME!!!!! Thanks for the education! This has been the greatest help!!
gh xgkv (6 months ago)
Do I need a DBA or LLC to do this?
180 Law Co. LLC (6 months ago)
John Daniels (6 months 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 (8 months ago)
I will be calling you. Thx for the great vid
Fausto Herrera (8 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 (8 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 (8 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 (8 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?
prashanth 1369 kumar (9 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 (9 months ago)
Where can I find a trademark application, I am in PA
trafficiskey (8 months ago)
Thank you!!
180 Law Co. LLC (8 months ago)
The federal trademark application is at uspto.gov.
Chelane Sweets (9 months ago)
What or where do I go for my logo ?
Navard Stewart (9 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 (9 months ago)
Thank you!! I am in another state, can you still help me protect my logo?
trafficiskey (8 months ago)
180 Law Co. LLC  Thank you!!!
180 Law Co. LLC (9 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 (9 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 (9 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 (9 months ago)
Thank you for your response, question? If I have an llc, wouldn't my logo already be registered?
Jessie Alice (9 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 (9 months ago)
K- Mckinney (9 months ago)
Thank you!
Leila Jeffries (10 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 (10 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 (10 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 (10 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 (10 months ago)
THANKS MAM https://www.youtube.com/watch?v=7mvTo5Wag2M
Curtis Jennings (10 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 (10 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 (11 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 (11 months ago)
Thank you
Kiaudi_ofrkment (11 months ago)
Thanks for sharing this was very helpful
Jo jo (11 months ago)
My question is to trademark my logo , business name and company slogan is all 3 different prices???
Jo jo (11 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 (11 months ago)
Correct, each one would be a separate application and separate fees
SOLO SCOTT TV (11 months ago)
If you get a name copyright and have to withdraw it do you get your money back?
180 Law Co. LLC (11 months ago)
Nope, you don't get any of that money back
BarStockPlus DOTcom (11 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 (11 months ago)
What application should a music artist use for trademark? I noticed there are 3...
Karen Alexander (1 year ago)
When can you use a TM for your business ?
Karen Alexander (1 year ago)
My question is to you, can someone have a trademark or servicemark without being registered with the trademark and patent office?
Kim Stone (1 year 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
John Galt (1 year 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.
Aleks (1 year ago)
I'd buy you a glass of Vinho Verde or Bubbly Rose for some info & a chance to flirt anyday!
Jai Haze (1 year ago)
If I am filing for a trademark I use in my videos, what do I file it under?
Alexandru Sorochan (1 year ago)
Where can I contact you at ?
BboyMentos (1 year ago)
Hi, I was wondering would I have to file for my business name and slogan separately?
Cristiano Martins (1 year 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 (1 year ago)
I wish you could help me with my Trademark for my logo how do I contact you
180 Law Co. LLC (1 year ago)
You can contact me or schedule a consultation through my website www.180lawco.com.
Toujours 4 (1 year ago)
Mind your own business!!! Jk Jk thank you for the videos. They are very instructive.
Dennis Schultz (1 year ago)
When should I patten my name? How or where to I do the process at I know your busy
Dwayne Robinson (1 year ago)
Thank you so much you have been so helpful. Stay blessed
angelfoodjojo (1 year ago)
Hello...thank you for the info. Where do I go to get my Business registered??
Josh Matthewson (1 year ago)
is it illegal to use it trademark if it hasn't been registered?
KinG R3LLS (1 year ago)
So what I need to just register a name keep a person from stealing it
What's a good page to register a brand ??
Karen Grant (1 year ago)
Thank you...
Tony Vid (1 year 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 (1 year 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 (1 year ago)
That's great! I look forward to chatting with you!
Latasia Hardmon (1 year ago)
Thank you, this infor help me to understand to the step work....
nyeemah maxton (1 year ago)
Where do i go to get thetrademark application? whats the website?
Yolanda Howard (1 year 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 (1 year ago)
Thank you for sharing, very informative video!
JasonSt (1 year 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
GhostDustin yt (1 year ago)
I'm starting a tshirt company. How can I protect my business name and shirt designs from forgery
brianarachelle92 (1 year ago)
what website would yu recommend online that is legit?
Mario Navarro (24 days ago)
Is a web site with e-commerce tab good enough specimen?
MrPcoissy (2 months ago)
Katrina Bryan hi
Justhumbleme Clarke (7 months ago)
Did you find anyone?
Katrina Bryan (7 months ago)
https://www.180lawco.com/ or https://www.legalzoom.com/
Allen Gates (1 year 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 (1 year 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 (5 months 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 (6 months ago)
J1hunnitHDS what is a FBA?

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