Can You Trademark An LLC Name?

Can I put TM on my logo without registering?

The (TM) symbol actually has no legal meaning.

You can use the symbol on any mark that your company uses without registering it.

The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO..

How long does a US trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

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.

Registration of a copyright is voluntary. Your original work receives copyright protection from the moment it’s created and fixed in tangible form, as set forth under the U.S. copyright laws. However, to enforce your copyright for infringement, you’ll need to register your copyright.

Can two businesses have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

How much are trademark filing fees?

There are two initial application filing options: TEAS Plus – $225 per class of goods/services. TEAS Standard – $275 per class of goods/services.

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.

Does an LLC protect your 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.

What is the cheapest way to trademark?

To register your mark with the USPTO, you must fill out an application and pay a filing fee. Doing this yourself is the next cheapest way to achieving a trademark and is more advantageous than doing nothing but relying on a common law mark.

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

How can I get a trademark fast?

5 Tips to Speed Up the Trademark ProcessSteps to Speed the Process. … Step 1: Choose a Strong Mark. … Step 2: Choose a Mark That Isn’t Confusingly Similar to Another Mark. … Step 3: Begin Using Your Mark in Commerce As Soon as Possible. … Step 4: Submit a Complete and Accurate Trademark Application. … Step 5: If You Receive an Office Action, Respond Promptly and Thoroughly.

Copyrights and trademarks protect distinct creations. Generally, copyrights protect creative or intellectual works, and trademarks apply to commercial names, phrases, and logos. … Trademarks protect the use of a company’s name and its product names, brand identity (like logos) and slogans.

Should I trademark my LLC name?

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. … While the process of registering a trademark is more involved than registering a DBA, rights to your name will be enforced by both federal and state governments.

Is LLC the same as 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.

Is an LLC a one time fee?

​The LLC filing fee is a one-time fee paid to the state to form your LLC. What’s the LLC Annual Fee? ​The LLC annual fee is an ongoing fee paid to the state to keep your LLC in compliance and in good standing. It’s usually paid every 1 or 2 years, depending on the state.

How many LLC can I have?

Making multiple LLCs, in fact, is perfectly legal; there is no limit to the number of LLCs one person can register. On the other hand, it’s more paperwork than you might otherwise need to do. Taxes become individual taxes for each LLC, rather than one larger aggregate whole.

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.

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.

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.