You can register an LLC in most states in less than a week, while a federal trademark can take up to a full year to be approved. The USPTO charges the same filing fee per trademark, whether your business is located in Minnesota or California. However, LLCs must pay a state filing fee, which is entirely dependent on the state. For example, Massachusetts charges $500 to form an LLC, while Iowa charges $50. LLCs and brands must meet ongoing compliance expectations, although brands have fewer annual requirements. Jane Haskins is a freelance writer who worked as a lawyer for 20 years. Jane has led a variety of commercial litigation. Read more A trademark is granted by the United States Patent and Trademark Office (USPTO), while an LLC is granted by your state`s Secretary of State. Use TESS, the Patent Office`s electronic trademark search system, to find existing marks that look like a desired name or trademark. This should be done before filing a trademark, as the USPTO will not register your trademark if it is likely to be confused with an existing trademark. No, you must form an LLC BEFORE you file your business name, as the trademark application must indicate the LLC as the owner of the trademark. Your LLC must therefore exist before filing your trademark application.
Before you apply for trademark protection of your business name, you must start your business as a limited liability company (LLC). Drake Forester is director of legal strategy for Northwest Registered Agent. His creative thinking and business acumen have helped guide Northwest`s vision of empowering business owners for over 15 years. Read our guide for all the reasons for registering your trademark. In the event of possible trademark infringement, LegalZoom can put you in touch with an experienced attorney to help you defend your name before things get out of hand. For example, if a liquor brewery named „Evergreen” wanted to register the name in the alcohol class, but also produced beer, this may require additional enrollment in the beer and beverage class. The main advantage of filing an intent-to-use application is that your filing date serves as the date of first use, even if your product/service is not yet on the market. Your use of the first date can be very important on the street in case of conflict with another company name. The best way to avoid this is to do a brand research before committing to a name and spending money on marketing. A comprehensive trademark search will show you if there are any „confusingly similar” trademarks that could cause problems. LegalZoom`s advanced detection even identifies brands similar to yours, such as names that sound similar or names that differ by one or two letters. This can often be confusing: a company`s brands are not always the same as the company name.
You can register your LLC under one name and your trademark can be something completely different. You don`t necessarily have to do business under your LLC`s name. The trademark filing process can be complicated, so you need to know what the U.S. Patent and Trademark Office is looking for when you file an application. You can avoid legal issues and countless headaches by being proactive to make sure you`re not harming another company`s brand. You want your trademark to be protected before you publish it. But the problem with this is that you have to publish the brand there before it becomes a brand. You do not need to register your trademark with the USPTO to obtain trademark protection. Unregistered trademarks may benefit from „common law” protection in your immediate environment, or you may register with your state for national protection. Yes, if you have an LLC for your business, your LLC owns the trademarks used by your business. The owner of the trademark is usually the one who uses the trademark. This means that you must designate your LLC as the trademark owner when filing an application for protection with the U.S.
Patent and Trademark Office. One of the most valuable assets of your company is its image. Forming an LLC with the state guarantees you a certain level of protection, but to really cover all your bases, you should consider a state trademark. If a malicious operator duplicates your product, a properly registered trademark will strengthen your legal position and protect the brand you`ve worked so hard to build.