In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

Can I trademark my daughters name?

Technically, yes. But you’ll gain little advantage, at least “99.9 percent of the time,” Brett Frischmann, an expert in intellectual property and internet law at Cardozo School of Law, tells MSNBC. A trademark doesn’t stop other parents from giving their kid your child’s name.

Why did Beyonce trademark her baby’s name?

Beyoncé Secures Trademarks for Blue Ivy’s Name After Legal Battle. The wedding planner, Veronica Morales, reportedly owns a business named Blue Ivy Events, which she founded prior to Blue Ivy’s birth in 2012.

Can you trademark a nickname?

Trademark law allows someone to trademark a name or nickname even when it does not identify the applicant. First, federal trademark law does not allow someone to trademark another person’s name without permission (if at all).

What happens if you don’t trademark Your Name?

If you use your trademark but don’t register it with the USPTO, you have common law trademark protection. You may be able to stop other people from using your mark, but only in your immediate geographic area. That may be good enough for a small local business, but may not be much help if you have an Internet-based business with nationwide scope.

When does a business have to use a trademark?

They generally happen in one of four ways. Federal law and the Lanham Act say that trademark owners must use their marks when they register. They can’t just reserve marks for later use or to keep others from using them. Instead, businesses must actually use them as a part of their business.

Who is the owner of a trademark application?

A trademark application may only be filed by the owner of the mark. Normally, the owner of a mark is the person who applies the mark to goods that he or she produces, or uses the mark in the sale or advertising of services that he or she performs.

Can a company sue a person who owns a trademark?

If a company sues a competitor for infringement, but the company’s president owns the mark as an individual, the infringer may succeed in invalidating the mark. In some cases, such as simple business entities, identifying the correct owner is simple. In others, it can be a difficult question of state law.