Filed under Graphic Design Business HELP
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I have come up with my business name for my printing/graphic design business. I have also come up with a name for the kids collection within that business. Will I need to have both of my business names registered and trademarked?
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You don’t *have* to, but other people can use them too–and you may encounter trouble if someone else does trademark it.
An example–there used to be a big department store chain called Gimbel’s, but a man named Gimbel who had had a store for decades also called Gimbel’s, got sued by the dept. store chain to cease and desist using *their* name. They won, and Mr. Gimbel had to change the name of his business.
registration of trade mark is not necessary intially if your name become brands after some time. then it is in the interest of the business
First use or common-law rights do give you some protection. But registering for a trademark does provide you with several benefits. Here’s what the USPTO has to say:
“You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,
•constructive notice to the public of the registrant’s claim of ownership of the mark;
•a legal presumption of the registrant’s ownership of the mark and the registrant’s exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
•the ability to bring an action concerning the mark in federal court;
•the use of the U.S registration as a basis to obtain registration in foreign countries; and
•the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.”
Hope that helps! I wish you much success & happiness in all your ventures!