Does An LLC Protect Your Business Name?

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..

Is an LLC the same as a trademark?

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.

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.

How do I legally protect my business name?

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the U.S. from using your trademarked names.

Can I sue someone for using my business name?

Thus, only individuals can sue for unlawful use of name or likeness, unless a human being has transferred his or her rights to an organization. Note that companies may sue you for trademark infringement and unfair competition if you exploit their brand names for commercial purposes.

What do you do if someone copies 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.

Should I get an LLC or trademark 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.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

How do I make sure nobody steals my business name?

To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.

So, do you need to incorporate “LLC” in your logo? In short, the answer is no. In fact, none of your branding/marketing needs to include “LLC,” “Inc.” or “Ltd.” If it is included, this may look amateur. … Logos are an extension of a company’s trade name, so marketing departments don’t need to include legal designation.

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).

The legal name of a business is the official name of the person or entity that owns a business. If you are the only owner of your business, then its legal name is simply your full name. … For limited partnerships, LLCs, and corporations, the legal name of the business is the name registered with the state filing office.

Can someone use my business name?

This means that it is possible for another person to use your trademarked name, so long as it is in a different context. Note also that if it turns out that someone was already using a similar mark in Canada on product or service similar to yours before your trademark registration, your trademark can be expunged.

How do I protect my business idea?

Four Ways to Protect Your Business Ideas: Patents, Trademarks, Copyright, and Trade SecretsPATENTS. There are three types of patents in the U.S.: utility patents (90% of all patents); design patents, and plant patents. … COPYRIGHT. … TRADEMARKS. … TRADE SECRETS.

Can someone steal your business name?

So, while your trademark can be the same as your trade name, your trade name is not a trademark. … And a business who steals or infringes on another businesses trademark can face consequential monetary damages from State and Federal courts if they don’t stop doing it.