Can you trademark a business name before forming my LLC?

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.

Can your LLC and business name be different?

The name can’t be the same as, or even too similar to, the name of an existing LLC that’s on file with the California Secretary of State. If the name is registered by someone else, your articles will be rejected and you’ll need to refile using a new name.

Can an LLC hold a trademark?

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.

Do you have to trademark a logo and name separately?

You now own the trademark–to your combined name and logo. Don’t think you can separate these two elements. Because you filed them in the same application, the USPTO sees just one trademark. You don’t own the federal trademark rights to the name by itself, or the logo by itself.

Does your logo have to match your business name?

Name And Logo — Working Together Since both name and logo are so important to branding, it’s absolutely vital that they work well together. But just because your logo and name need to be able to work together, this doesn’t mean that they always have to be used together.

Can I do business under a different name?

Called a Doing Business As (DBA) filing, this action allows your company to legally operate under a trade name, also known as an “assumed” or “fictitious” name. By having a Doing Business As name, it’s possible for sole proprietors and general partners to do business using a name other than the owners’ personal name.

Should my LLC own my trademark?

The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates etc.

What is the difference between an 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.