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.
Should you get 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.
Should I trademark or register my business first?
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.
Does an LLC Copyright your business name?
The name of a limited liability company, or LLC, can be trademarked, provided no one has established a trademark of that name first. A trademark can assure no one uses the same or similar name to identify knockoff products or services that could be mistaken for those your company provides.
Should I trademark my business name and logo?
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.
What happens if I don’t trademark my business?
If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.
Is trademark the same as 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.
Can a LLC own a trademark?
Business entities can own a trademark. Limited Liability Companies (LLCs) and corporations are common business entities that could a trademark. Usually, LLCs or corporations develop a mark to identify itself as a source of goods or services.
How do I 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 United States from using your trademarked names.
Does your business name have to match your LLC?
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 I trademark my business name for free?
You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.
How do I trademark my business name?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
What’s the point of trademarking a name?
A trademark prevents anyone else from selling similar goods and services within the United States under that business name. The primary purpose of trademarks is to prevent confusion in the marketplace, so the protection applies to only a particular category of goods and services.
Do I trademark or copyright my business name?
Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.
Can you trademark a first name?
Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive.