How an LLC Can Protect its Business Name

So, you’ve started a new business… You’ve created your own Limited Liability Company (LLC) with everything settled—the employees, processes and operations, resources, suppliers, and, of course, the perfect business name that you’ve spent a great amount of creative energy on.

As your business grows, competition suddenly amplifies and the risk of other businesses copying your products, services, operations, and the element that represents your company and brand more than any other—your business name, heightens. 

And now, you want to protect your LLC’s business name, but how do you do that?  

Consider Registering Your Business Name as a Trademark

In the US, a trademark is “any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.” Your business name is usually one of your business’ most important trademarks - and registering with the USPTO is usually an important step for protecting your LLC’s business name.

You gain some legal protection just by using it, but registering your business name as a trademark with the US Patent and Trademark Office (USPTO) will provide you additional protection - which can be very important if you ever need to take action against someone using your business name without your permission!

Benefits of Trademarking a Business Name 

What benefits does trademarking a business name give an LLC?  Contrary to popular belief, a registered trademark usually does not automatically prevent anyone from ever using your trademark for any purpose anywhere in the world.  

A registered trademark does, however, generally bar others from using the name on their products or as their business name if they are attempting to enter a similar market or provide a similar service after you.  And if they do use the trademark improperly, a registered trademark makes it easier to pursue legal action against them to get them to stop.  Your trademark registration provides a “presumption” that you are the true owner of the trademark.

Registering a Trademark for a Business Name

Registering a trademark for a business name can be tedious and complex if you’re new to trademarks - and not all business names are “trademarkable.”  Availing the services of an experienced attorney to assist your LLC in registering a business name as a federal trademark will make the process easier and ensure you don’t make a common mistake that causes your trademark application to be rejected.

Bold City Legal Can Help Your Trademark Your Business

Bold City Legal works with online businesses and brick-and-mortar businesses to help them protect their business’s intellectual property assets like their business name. If you'd like to schedule a meeting with a small business attorney to discuss trademarking your business name or other legal aspects of your business, please click here.

Thanks to our Operations Assistant, Patricia de Jesus, for writing this informative trademark article.