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Been in business for 15 years but never filed for any trademark

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  • Been in business for 15 years but never filed for any trademark

    Do I still have a trademark on my small business name if I been in business for 15 years but never filed for any trademark? Nobody ever complained. And nobody used the name around my city to my knowledge. How does that work?

  • #2
    You may not have a business name that can be protected by trademark laws.

    I suggest you go here https://www.uspto.gov/trademark and learn about them.

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    • #3
      I believe you can enforce your trademark without registration just like a copyright can be enforced without registration.

      Registration provides public notice and greater protection.

      You can still register your trademark and should seriously consider doing so.

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      • #4
        Crown--you do have common law protection just by using and being in business. BUT it is best to get formal registration of all of your intellectual property.

        Nobody can stop what you have been doing the last 15 years.

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        • #5
          Lots of local small businesses never really do all the filings to protect IP.
          It becomes a problem sometimes when and if you start growing and bumping in to others also using the name, in other cities and/or states.

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