Should I incorporate or trademark first?

Entrepreneurs often ask whether they should incorporate, trademark or patent their inventions when they start their businesses. The default answer is always – no. Entrepreneurs should only incorporate, trademark or patent their inventions when absolutely necessary because doing so is expensive and time consuming.

Should I trademark my logo before forming my LLC?

It all is dependent upon your situation and circumstances. Though generally speaking, forming the LLC before filing for your trademark is typically the best way to go.

Should I trademark my logo right away?

Generally, if you’re using your logo in relation to your business and you’re selling goods or services utilizing the logo, filing a trademark application should be at the top of your priority list. A copyright registration protects the distinctive nature of your logo from being copied; as though it were a piece of art.

Do you pay taxes on a trademark?

Report your profit from the sale of the trademark on your income taxes. You cannot deduct the cost of creating your trademark, but you can apply it to your formulation of the “income tax basis”, which is the reference point for determining tax liability upon sale and depreciation deductions.

Should you trademark or copyright your logo?

A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company’s intellectual property, such as your logo.

Do I need a copyright or trademark for my Logo?

If your logo is an original work of art that you have the rights to, like a computer rendered design, a drawing, photograph or painting, you could copyright it. Filing a copyright application for your logo may provide you additional protection than just having a trademark registration on its own.

How to trademark and copyright your logo?

There are certain steps you need to take in order to copyright and trademark your name and logo. Following is a brief outline of those steps. Go to the online registration website and fill out the form for copyright. If your business is located in the United States, go to the official website of the United States Copyright Office .

Should you have a registered trademark?

The legal reason that you should register your trademark is that if there is somebody that’s infringing on your trademark, you can sue them in any court in the land, and you can enforce that trademark in all 50 states. At the end of the day, filing a lawsuit is really expensive, and it rarely happens.