Understanding Trademarks: Why Filing for an LLC Alone Is Not Enough
You filed your LLC, so now you own the name of your business?
WRONG! Filing LLC paperwork establishes that you have filed the paperwork to get a limited liability company. Thats it! To own your business's name, you must file a trademark application with the federal government. That is the only way (actually, there is a loophole, but it takes years for it to kick in before you can legit use it)
If you’re a business owner, you know that creating a brand identity is essential for success. You may have heard that forming a limited liability company (LLC) is an important step toward protecting your brand. But there’s one more step you must take—one that often gets overlooked.
You need to create and register a trademark to protect your brand identity fully. In addition to registering an LLC, registering a trademark is the only way to ensure that no one else can use your business name or logo. Let’s explore why filing for an LLC alone is not enough to create a trademark, and how to get the protection you need.
What Is a Trademark?
A trademark is a name, logo, or phrase that distinguishes a business or product from others. It represents a company and is used to promote its goods and services. When a business is registered with the United States Patent and Trademark Office (USPTO), the trademark becomes a source of legal protection.
What Is the Difference Between an LLC and a Trademark?
An LLC is a business structure that limits the owner’s liability for business debts and obligations. It’s a way of separating your assets from those of the business. This means that if the business’t be at risk if the business goes into debt or is sued.
A trademark, however, is a form of intellectual property that protects the brand identity of a business. It’s a way of distinguishing your business from others. While an LLC provides some protection, registering a trademark provides more comprehensive protection against infringement.
Why Filing for an LLC Alone Is Not Enough
When you file for an LLC, you are registering a business name. It may protect you from other businesses using the same name, but it won’t protect your company’s logo or other branding elements. This is why registering a trademark is essential.
Nothing is stopping another company from using the same logo or phrase you have created without a trademark. There’s also nothing stopping another company from using your business name for its products and services.
