Do I need to trademark my logo and company name before I start my business?

Asked on November 15, 2015 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is better to protect via trademark before beginning to use them when possible, but is not mandated or necessary. It is also not always possible: you can only trademark if you are either 1) actually using the name(s) in commerce at the time; or 2) have plans to use them within six (6) months of the application--and in either event, you must have "specimens" (or samples) of how you will use the name(s) (e.g. products or marketing materials with the name[s]). If you file on the basis of planning to use within 6 months and then fail to use, you may lose your application. So you might not yet be ready to trademark.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.