Importance of Choosing a Unique Business Name
When forming a business, the name must be unique. An LLC name should comply with state laws, be distinct from existing names, and not include prohibited terms.
Benefits of Trademark Registration
A trademark legally distinguishes your business name, goods or services. Steps include searching databases, filing an application, and monitoring it.
LLC Formation and Trademark Registration
For small businesses, forming an LLC provides liability protection and tax benefits. Additionally, trademarking a unique name, logo or slogan prevents imitation as the company grows. Both trademarks and an LLC legally protect a business in complementary ways.
Why Form an LLC Before Trademarking
No, you should form an LLC BEFORE trademarking your business name because the trademark application must list the LLC as the trademark owner.
LLC vs. Trademark
No, LLC and trademark are not the same.
Importance of Trademark Registration
If your business name is eligible for trademark protection, federal trademark registration is a fairly easy process that gives you the right to enforce your trademark nationwide and can help deter others from using your name.
Trademark Considerations
There are two types of trademarks; common law and registered. A common law trademark is fine for many businesses but only provides protection in a limited geographic area.
Should I Trademark Before Starting a Business?
It always depends on your situation, your circumstances. But generally speaking, it is best to form the business first. If the plan is to form an LLC to operate your business using that trademark, then the LLC should be the trademark owner.
Registering vs. Trademarking a Business Name
One is to register a business name and the other is to trademark a business name.
Benefits of Trademarking Your Business Name
Every business has to decide when to trademark its name. Trademarking your business name can be a good way to protect your intellectual property and make it easier for customers to find and buy products from your business.
Conclusion on Trademarking Your Business Name
So, if you find yourself asking whether or not to trademark your business name, the benefits should be clear by now. Don’t risk finding out the downside of an unregistered trademark – protect your business and your bottom line.