Do I Need A Trademark If I Have An LLC?

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..

Can two businesses have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

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.

Is trademark and LLC the same?

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.

Can you trademark an LLC name?

Business names, product names, logos and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO).

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

How do I protect my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

How much does it cost to trademark a business name?

Trademark a Business Name With the USPTO Trademark fees for electronic applications are currently $225–$400 per class of goods or services, depending on the type of application you file. The trademark cost for registering with a paper application is currently $600 per class of goods or services.

You certainly don’t have to register the copyright and trademark your company’s name or logo, in the United States; you own the copyright as soon as you put the original work on a pieces of paper or computer drive, and you won a trademark as soon as you use your name and logo for marketing your business.

How do I trademark my LLC?

How to Register a Trademark for a Company NameTo register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

What is the difference between trademark and business name?

A trademark is used to identify a product or service in the marketplace and to distinguish it from other products and services. … A business name is a name that is used to identify a business, not a product or service.

Can there be two LLC with the same name?

Can Two LLCs or Companies Have the Same Name? Yes, with some exceptions. When you’re forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours.

Does LLC name have to match business name?

No, your LLC name does not have to BE your business name or MATCH your website name. Your LLC name is your company’s legal entity name while your business name is your brand name to market to your customers.