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

Asked on November 15, 2015 under Business Law, Pennsylvania


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.

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