What comes first trademark or LLC?

As with most things, there’s no one right answer. 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.

Does your LLC have to match your trademark?

Your LLC name can be different from your business trademark, the name you use to market your business. There’s no legal requirement that they match. But you may have to register a DBA for your trademark name if you want to use it for legal and financial purposes.

What happens when a name is trademarked?

A trademark is a piece of intellectual property that allows you to “brand” something so that no one else can copy or use it. It distinguishes your company and its products from everyone else. Trademarking your name gives you an additional brand and keeps others from using your name.

What is the difference between registered and trademarked?

The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO). The (TM) symbol actually has no legal meaning.

Should I register my company name as a trademark?

Summary. Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

What is the difference between a LLC and a trademark?

The Difference Between an LLC and a Trademark In the case of an LLC, your business name is only guarded within state lines after you register. The trademark protection laws ensure local protection from the moment you start using it in commerce, as per common law rights.

Do you have to trademark a logo and name separately?

A small business needs to protect its intellectual property, which includes its business name and logo. Generally speaking, you should apply for trademark registrations for your business name, logo, slogan and designs separately.

Can your business name and LLC be different?

If a business owner wants to operate under a different name other than the company’s legal name, they can use a trade name instead. A trade name does not need to include additional words or legal phrases (e.g., Corp, LLC, etc.). A trade name may also be called a doing business as (DBA) name.

Can a proper name be trademarked?

To be protected as a trademark, a personal name must be used as a trademark—the name must be used as a source identifier, to distinguish the goods or services of a particular source. In addition to use as a trademark, a showing of secondary meaning is required to protect a name as a mark.

Do I need an LLC to register a trademark?

No, you don’t need an LLC to register a trademark. Think of a trademark like a car – you can own it personally, or you can co-own it with someone else, or it can be owned by a business entity, such as an LLC or corporation. You can also rent it out – for trademarks that’s called licensing.

Should I Register my business name as a federal trademark?

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. Name Protection Provided By Business Entity Registration

What is the difference between forming a business entity and trademark registration?

Federal trademark registration is typically more expensive than forming a business entity, the process takes longer, and the United States Patent and Trademark Office (USPTO) will carefully evaluate your application before deciding whether to register your trademark.

Should you include an LLC in your business name?

Additionally, the LLC in a business name alerts people to the fact that your company is a separate legal entity. When they’re dealing with the business, legally they’re dealing with that entity and not with you personally. These can be big advantages that may outweigh your desire to have a business name that does not include an LLC designation.