Can An LLC Own A Trademark?

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..

Business names, product names, logos and labels can all be trademarks. … For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO).

Can someone steal your business name?

If you have a unique brand name or logo, protect it. It is a simple thing for someone to snatch it out from under you and claim ownership of it. Your first step should be to register the name as a trademark. You can do this online through a number of services or hire an attorney.

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code). Trademarks protect the use of a company’s name and its product names, brand identity (like logos) and slogans.

Can someone use my 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.

Can a business own a trademark?

A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates etc. … As the trademark owner, you must ensure that you control use of the mark and specifically control the quality of the goods or services.

Do I need a trademark if I have an 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 I register a trademark without a company?

You do not need to own a company to register a trademark. The application can be made by natural person who did not conduct business activity yet. … If you want to register a trademark, but you do not have a company yet, remember about one thing. The law gives you 5 years to start using a trademark.

Does an LLC protect my business name?

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. However, there’s nothing to stop a business that operates as a sole proprietorship or partnership from using your name in the state.

Does an LLC protect your personal assets?

Limited Liability Company, also commonly referred to as a Limited Liability Corporation. A California LLC is a legal entity, like the corporation, that is designed to protect an individual member’s personal assets outside of the LLC from the LLC’s business debts and obligations.

Does my logo need a trademark?

By common law, a logo is trademarked as soon as it’s used in commerce. … However, if you ever wanted to dispute another organization for using your likeness, your trademark would have to be registered with the U.S. Patent and Trademark Office.

How much does it cost to trademark your business name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO’s Trademark Electronic Application System (TEAS).

Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. … So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.

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 U.S. from using your trademarked names.