Having a registered trademark can protect your company’s brand by keeping competitors from using the name of your company or your products.
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Unfortunately, many small business owners believe that trademark registrations, and the entire field of intellectual property, are only for international companies. Not true.
The hard work of the small business owner and the protection of their brand are important. Think about it — your company’s reach becomes international through its website. The platform is smaller, but the reach is not.
This article will explore the benefits of having a registered trademark and how to go about applying for one to protect your business’s name and brand.
A trademark is a legal protection that distinguishes your business name, logo, or other branding elements from others. It helps prevent others from using similar marks that could cause confusion among customers. There are different types of trademarks, including:
Depending on your needs, one or more of these trademark types might be suitable for your business.
A business needs to protect its brand. It’s wise to be proactive about protecting your business’s name, symbols, or designs. Those things are how clients recognize you and differentiate you from your competitors. But trademark registrations are a choice, not a requirement.
A trademark registered with the United States Patent and Trademark Office (USPTO) extends protections under federal trademark law beyond what common law provides. Unregistered names or logos, known as “common law” trademarks, are harder to protect and enforce, usually applying only at the local level.
Trademarks also exist at the state level, offering protection within your state’s borders. The process and fees are generally easier, faster, and less expensive than obtaining a federal trademark.
Obtaining a trademark for your business name or logo offers several advantages.
Note: These benefits mostly apply to federal trademarks.
Yes, you can trademark an LLC name, but it’s important to understand the scope of protection for the trademark business name:
These registrations are independent of one another. It may be in the best interest of a business owner to trademark the LLC name associated with its products and services.
This subsection will address what is and isn’t a business requirement.
Registering an LLC name at the state level is required to conduct business in that state, providing protection for the business name within that jurisdiction.
However, this protection doesn’t extend to the website address; a domain registration is necessary to protect the address.
While a trademark isn’t required to conduct business, there won’t be any federal protection for the brand without a registered trademark.
Even if you don’t plan on registering a trademark, conducting a thorough trademark search for existing trademarks and other uses of your desired name is essential to avoid potential infringement issues. A federal trademark search can be performed through the USPTO’s online database, while state trademark searches vary by state; you’ll have to do an Internet search to see what agency in your state handles trademarks. Most states have a search engine for their state trademarks.
In addition, you’ll want to do extensive online searches for your name. This includes social media sites and business directories. To do a truly thorough search, you may need to hire a trademark attorney or a firm that conducts such searches, though this can be expensive for many small business owners.
Conducting a thorough search helps ensure that your chosen mark is not already in use by someone else.
The name to register with the USPTO falls under a similar premise as the state. The trademark, or “mark,” must be available and original to the business.
You can file the application online after establishing an account when and if the name and logo qualify for registration. Not all applications will result in a registration, and the fees are not refundable. For full details on the process of applying for a federal trademark, visit the USPTO website.
If the USPTO determines that an application meets the minimum requirements, a serial number is assigned, and an attorney conducts the examination. The attorney searches for conflicting marks in use against the application.
It’s the business owner’s responsibility to monitor the process and timely respond to any deficiencies or corrections within the application. Generally, the USPTO will abandon an application if it doesn’t receive a response to any inquiry within three months.
The examining attorney will issue the mark when all requirements and concerns are satisfied. The trademark application and registration are public record and searchable on the USPTO website.
The trademark’s owner (usually the business) must keep the registration current by filing the necessary maintenance documents. If the registration should lapse, it’s canceled, and the process starts over at Step 1 with no guarantee of approval.
The above instructions don’t cover every aspect of the federal trademarking process. For guidance on the full process, see the USPTO website.
It’s best practice for you to first register the LLC with the domicile state. This way, you can establish the LLC as the owner and have the LLC apply for the trademark; the trademark must be applied for by the trademark’s legal owner.
However, if you registered the LLC name with the USPTO before the entity was formed, then the LLC will need to purchase the trademark from you. This will involve another application process and fees, but it can be handled.
Ultimately, the LLC will be the owner of the mark with the exclusive right of use.
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While ZenBusiness doesn’t handle trademark filings at this time, its services, such as our registered agent service and annual report filing, can free up your time to focus on the trademark process. If you’re just starting out, we can help form your LLC starting at $0. Let us help you establish a solid foundation for your business.
Is it better to get an LLC or a trademark?
These are different things. An LLC is a business entity type. A trademark is a word, phrase, design, or symbol (or a combination of these) identifying your goods or services. A trademark helps people recognize you in the marketplace and differentiate you from your competitors.
Should my LLC own my trademark?
Yes. Trademarks should be registered under the LLC as it will use the name and the logo to conduct its business. A trademark is an intangible asset of the business.
Should I trademark my DBA?
Maybe. This may become necessary if the name chosen for the LLC can’t meet the requirements for trademark registration.
How much is it to trademark a name?
As of January 18, 2025, the USPTO’s initial application fee is $350 per class of goods or services. Additional trademark registration fees may apply throughout the trademark registration process, including:
Is it necessary to get a trademark?
While obtaining a federal trademark isn’t legally required, it’s recommended for businesses that want to protect their brand identity at a national level. Common law trademark rights exist automatically when you use a name or logo in commerce, but they are limited to your geographic area and are harder to enforce.
A federally registered trademark provides stronger legal rights and ownership over your business name or logo. It also prevents others from registering a similar mark that could confuse customers. By securing a trademark, you build a stronger legal foundation for your brand and reduce the risk of infringement disputes.
Should I trademark my LLC name?
If you value your LLC’s name and want exclusive rights to use it for your business, obtaining a federal trademark can help protect it from potential misuse or infringement.
However, registering an LLC name with your state does not provide trademark protection. A state-registered LLC name only prevents other state-registered businesses (such as LLCs and corporations) in your state from using the exact same name, but it does not protect you at a national level.
A registered trademark helps prevent others from using a similar name for their business, reducing the risk of confusion in the marketplace and protecting your brand’s reputation nationwide.
Why would a company need a trademark?
A company may need a federal trademark for several reasons:
What happens if you don’t have a trademark?
If you don’t have a federally registered trademark, you’re at risk of brand confusion, infringement, and legal disputes.
A registered trademark helps secure your brand identity and reduces the risk of costly legal battles.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
Written by Team ZenBusiness
ZenBusiness has helped people start, run, and grow over 800,000 dream companies. The editorial team at ZenBusiness has over 20 years of collective small business publishing experience and is composed of business formation experts who are dedicated to empowering and educating entrepreneurs about owning a company.
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