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A companys business name is among one of its most powerful branding assets. And as with other business assets, its wise to protect it. If a business owner fails to do so, they run the risk of another company using the name. That can potentially confuse customers and create legal issues.
Unfortunately, people cannot directly amend trademark applications to add additional classes, but they may be able to establish new filings with the United States Patent and Trademark Office (USPTO). Therefore, adding new classes to a trademark is made possible by creating new applications.
Its not a requirement to trade mark your business name in the UK or elsewhere, but doing so will provide you with exclusive rights. As such, its worth taking the time to strongly consider the benefits of trade mark protection for your business, which well outline below.
If you find an error in your filing receipt immediately after submitting your form, contact the Trademark Assistance Center. If your error is not correctable, you may need to file a new application. However, your filing fee will not be refunded. The filing fee is a fee for processing your application.
To make a change to an owners name, use form TM21A Change of owners name, address or email. This form is not a substitute for the assignment document or other proof of the transaction. All Intellectual Property Office fee bearing forms should be filed with the appropriate fee.
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You can usually get permission to use someone elses intellectual property ( IP ) by buying the rights from them or getting their permission to use it. Using someones trade mark, patent, copyright or design without their permission is known as IP infringement and could lead to a fine, prison or both.
If you are going to provide services or products only within that state, there is no reason to register for a trademark. If you are offering products and services in multiple states and want federal protection for the name of your business, though, you would need to register for a trademark.
You can modify the trademark youre using on your products and services, but you cannot modify an existing registration, so unless you register your newly modified trademark, it will not have the same scope of protection as a prior, unmodified, registered trademark.
Is It Better to Trademark or LLC? No, it is not better. Trademarks and LLCs work together and a business needs both for complete legal protection. An LLC will help to protect your personal assets if your business is sued, while a trademark will prevent others from using your brand identity without permission.
Adding a class to a registered trade mark However, once youve registered your mark, you cant expand the scope of protection - you cant add extra classes or alter the representation of the mark (eg change your logo). You may need to file a new registration to protect your existing trade mark under different classes.