Quick Answer: Does An LLC Need A Trademark?

Can I sue someone for using my business name?

The unauthorised use of your business name may also entitle you to compensation.

If the infringing business refuses to cooperate, you can choose to initiate court proceedings..

Can you steal a trademark?

Rights to a trademark can be lost if you license them without the right supervision to another party. For instance, if you own a franchise and you licensed the rights to your mark to a franchisee without following the right procedure, you could lose the trademark completely.

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.

How do I get an LLC and trademark?

To 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.

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.

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.

How much do Trademarks cost?

You may be able to obtain state trademark registration for $100–$200. Federal trademark registration extends your protection nationwide and offers other important advantages, but it typically costs more: $275–$375 for each class of goods and services that you want to protect.

Does my LLC name have to match my 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.

Can you trademark a DBA name?

Yes, you can trademark a DBA or fictitious business name if you use the name to brand your products or services. If you use a particular DBA as your brand name, it is entitled to the same legal protection that any other brand name would receive. … As such, your trademark will only cover your particular field or market.

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).

Do I need to trademark my brand?

Registering a business name is a legal obligation, if you choose to identify your business with a name that is different to the name of the legal entity that owns the business. Registering a trademark is a choice you make as part of a branding strategy for your products and services.

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.

What is the difference between a trade name and an LLC?

The LLC name, or legal name, is the official name of the entity that is used to sign documents, file tax returns, file lawsuits, or to submit a loan application with a bank. On the other hand, a business name, or trade name, is the name the public uses to identify your business.

Does an LLC protect my business name?

When you incorporate, form an LLC, or file a DBA (Doing Business As), this process registers your business name with that state’s secretary of state. Once approved, the business name is yours and yours alone to use within that state.

Should my LLC be my business name?

Unlike other business structures, the business legal name for LLCs and corporations does not have to include any of the owners’ names to be the business name. However, some states require LLCs and corporations to include “LLC” or “Corporation” in their legal name (e.g., Rockwell Technology LLC).

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.