How do you correctly and successfully register and trademark your company name and logo if your business is a 100% online software business?

UPDATED: Dec 24, 2014

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How do you correctly and successfully register and trademark your company name and logo if your business is a 100% online software business?

When starting a business, most people register and trademark the company name and logo. This is all depended on where you plan on doing business, either at the state, national, or international level. Also, do all products that are pushed out / published under my companies name have to be registered and trademarked as well?

Asked on December 24, 2014 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is no difference between registering a trademark for an online business or an off-line (brick-and-mortar) business: you make sure the name is not in use or registered by someone else; you try to make sure the name is original and distinctive, and not generic or descriptive (since the latter are much harder to register); and once you have begun using the the name in commerce (or have firm, near-term plans--i.e. within  the next 6 months) plans to do so, you file for registration. You can file online at the U.S. Patent and Trademark Office's website, where you can also find information and instructions.

Each individual product does not have to be registered separately, so long as it is in one of the categories of products you have registered. When you get the registration, each product that uses the trademarked name/logo should bear the "circle R" mark.

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 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.

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