Do you need a trademark if you have a LLC?

If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. And if you are considering incorporating or forming an LLC but haven’t gotten around to it yet, you should do so before registering any trademarks.

Can someone else trademark your business name?

The short answer is—in theory, yes, but in reality, no. If you don’t have a trademark on your name, someone else can research the United States Patent and Trademark Office (USPTO) database and find an available name. They can then trademark it.

Is a trademark different from an LLC?

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.

What is required to trademark a name?

What Are Trademark Requirements? Provide your name and address as owner of the trademark. State the entity type (individual or corporation) and your national citizenship. Demonstrate actual use or a real intent to use the trademark in commerce. Give a detailed description of the product being trademarked.

What is difference between trademark and brand name?

Brand refers to is a name that relates to products and services offered by a company which evokes positive images and emotions to the consumer. On the other hand, trademark refers to a registered trade or brand name, logo, color, sound or slogan that basically identifies a company to its services or products.

Do I need to trademark my business name in every state?

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. If you want to protect your business name across all states, you will need to trademark it. Let’s break it down.

Can two LLCs or companies have 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.

Can a trademark be granted on a logo?

Trademarks can be granted on distinctive names, logos and slogans. Trademarks are granted at the federal level by the U.S. Patent and Trademark Office (USPTO). The owner of a trademark has exclusive rights to the trademark and can prevent anyone else from using it.

Is my name protected when forming an LLC or corporation?

Once your LLC or corporation application is approved, your name is protected in the state: No other business will be able to form an LLC or corporation with the same name in that state.