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Do I Need to Trademark My LLC Name?

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.

What is a trademark?

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:​

  • Federal Trademark: Provides nationwide protection in the United States and is registered with the U.S. Patent and Trademark Office (USPTO).​
  • State Trademark: Offers protection within the specific state where the trademark is registered.​
  • Common Law Trademark: Automatically established by using the mark in commerce, even without formal registration.​
  • International Trademark: For businesses operating internationally, protection can be sought in multiple countries, often through treaties like the Madrid Protocol.​

Depending on your needs, one or more of these trademark types might be suitable for your business.

Do I need a trademark?

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.​

LLC Trademark Benefits

Obtaining a trademark for your business name or logo offers several advantages. 

  • Serving Notice to Others: A trademark serves as public notice that your business name or logo is protected, discouraging others from using similar marks.
  • Legal Protection and Proof of Ownership: Trademarks provide legal rights and proof of ownership, making it easier to defend against infringement.
  • Right to Sue: If someone infringes on your trademark, you have the right to sue and seek damages. A trademark registered with the USPTO grants access to the federal court system for infringement cases. An infringement case against the use of a common law trademark is limited to the state courts.
  • Defining Your Brand: A trademark helps establish your brand identity, making your business stand out in the market.
  • Ability to Use Trademark Symbol: With a federally registered trademark, you gain the right to use the ® symbol, indicating your mark is registered.
  • Stopping Importation of Infringing Goods: A federal trademark allows you to prevent the importation of goods that bear infringing trademarks.
  • Fighting Cyber Squatters: Trademarks protect your brand online by preventing others from registering domain names that infringe on your mark.

Note: These benefits mostly apply to federal trademarks.

Can you trademark an LLC name?

Yes, you can trademark an LLC name, but it’s important to understand the scope of protection for the trademark business name:​

  • Federal Trademark Registration: Protects the brand at the federal level.​
  • State Trademark Registration: Protects the brand at the state level.​
  • Doing Business As (DBA) or Fictitious Name: Often doesn’t provide protection in many states, though registration is required in most states for any LLC operating under a name other than its legal name.​
  • Domain Registration: Protects the website address but not the content.​

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.

The Requirements of an LLC Name Registration

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.

How to Trademark a Name

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.

The Application

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.

USPTO Examining Attorney

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.

Publishing the Mark

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.

Maintaining the Registration

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.

Which comes first, the LLC or the trademark?

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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LLC Trademark FAQs

  • 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.

  • 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.

  • Maybe. This may become necessary if the name chosen for the LLC can’t meet the requirements for trademark registration.

  • 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:

    • $100 per class for missing required information.
    • $200 per class for using free-form descriptions instead of pre-approved ones.
    • $200 per class for exceeding character limits in specific fields.
    • Additional fees for intent-to-use applications if the mark is not yet in commercial use.
  • 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.

  • 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.

  • A company may need a federal trademark for several reasons:

    • Legal ownership and brand protection – A trademark gives you exclusive rights to your brand name or logo and prevents others from using a similar mark.
    • Stronger enforcement rights – Trademark registration allows you to take legal action against infringement in federal court.
    • Use of the ® symbol – Once your trademark is registered, you can use the ® symbol, which signals that your mark is legally protected.
    • Protection against counterfeit goods – A registered trademark can be recorded with U.S. Customs and Border Protection to prevent infringing goods from being imported into the country.
  • If you don’t have a federally registered trademark, you’re at risk of brand confusion, infringement, and legal disputes.

    • Another company could register your name first – If a competitor trademarks a name similar to yours, you might be forced to rebrand, even if you were using it first.
    • Enforcing your rights becomes difficult – Without a registered trademark, proving your ownership in court can be challenging and expensive.
    • You may lose customers due to confusion – If another business operates under a similar name, customers may mistake their services for yours, hurting your brand reputation.

    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.

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Written by Team ZenBusiness

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