Quick Answer: Can A Sole Proprietor Have A Trademark?

Can a person own a trademark?

The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner.

A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates etc..

What is the best title for a sole proprietor?

Small Business Owner TitlesCEO. CEO, or chief executive officer, is a very professional sounding title that lets you show that you’re the individual in charge of the whole company. … President. … Owner.Principal. … Proprietor. … Founder. … Managing Director.Managing Member.More items…•

Does a sole proprietor need a business name?

A sole proprietorship can operate under the name of its owner or it can do business under a fictitious name, such as Nancy’s Nail Salon. … A sole proprietor need only register his or her name and secure local licenses, and the sole proprietor is ready for business.

Should I get a trademark or LLC first?

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.

How long is trademark good for?

Life of a trade mark Your trade mark registration lasts for ten years from its filing date. You can renew your trade mark registration 12 months before your renewal is due, or up to six months after. You will need to pay extra fees if you renew after the due date.

Can you trademark words?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning.

Can you transfer trademark ownership?

Assignment refers to transferring your trade mark to another business. Under section 106 of the Trade Marks Act 1995 (Cth), you can either fully or partially assign your mark. A partial assignment can involve a transfer that limits the new owner’s right to use the mark for a type of good or service.

What is a trade name for a sole proprietorship?

As a sole proprietor, by default, the legal name of your business is your own name. But you can choose operate the business under another name, known as a “fictitious business name” or “doing business as” (DBA). Most states require you to file an application for your DBA.

Does a sole proprietor need a business bank account?

If you’re operating as a: sole trader – you don’t have to have a business bank account, but it’s a good idea to. partnership, company or a trust – you must have a separate bank account for tax purposes.

Can I sue someone for using my business name?

The unauthorised use of your business name may also entitle you to compensation. If the infringing business refuses to cooperate, you can choose to initiate court proceedings.

How do I keep someone from using my business name?

Though registering a trademark or service mark is the best way to protect your business name, some protection is still afforded to you if you have not registered. Perform a trademark search to make sure you are the only one using the name. If so, immediately begin using your business name in your advertisements.

Is an LLC the same as a trademark?

A trademark application may only be filed by the owner of the mark. … There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.

Do you need an LLC for a trademark?

When you own a small business, your name is everything. … If you’ve formed a corporation or an LLC, you have some protections against other companies in your state having the same name. But for brand protection, you may want to register your name as a federal trademark.

Can you start a business without a trademark?

You could use your business name as an unregistered trademark, but that would not give you the benefits of a registered trademark.

Does an LLC protect my business name?

When you incorporate, form an LLC, or file a DBA (Doing Business As), this process registers your business name with that state’s secretary of state. Once approved, the business name is yours and yours alone to use within that state.

What happens if someone trademarks your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

Who owns a trademark?

Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.