LLC vs. Trademark
As an attorney, I’m often asked about the best ways to protect a business’s assets and identity. Two essential tools for any business are forming a Limited Liability Company (LLC) and obtaining a trademark. Here, I’ll explain what an LLC is, what a trademark is, the differences between them, when to obtain an LLC or trademark, whether a trademark needs to match the name of the LLC, how to pick a name for an LLC, and why a trademark attorney should be hired to help pick a name for a trademark.
What is an LLC?
A Limited Liability Company (LLC) is a business structure that combines the benefits of a corporation and a partnership. It offers limited liability protection for its owners, meaning that the business’s debts and liabilities are separate from the personal assets of the owners. This structure also provides flexibility in management and allows for pass-through taxation, meaning that the business’s profits are taxed on the owner’s personal tax returns.
Which Legal Structure is Right for My Business?
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What is a Trademark?
A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of a product or service. It can be a company name, logo, or slogan. A trademark is essential to protect a business’s identity and reputation and can prevent confusion among consumers.
Differences Between an LLC and a Trademark
An LLC is a legal entity that provides liability protection for its owners, while a trademark is an intellectual property that protects a business’s brand identity. An LLC can exist without a trademark, but a trademark cannot exist without a business or product to represent.
When to Obtain an LLC or Trademark
An LLC should be obtained when a business owner wants to protect their personal assets from the business’s debts and liabilities. It’s also a good idea to form an LLC when there is more than one owner or when the business is engaged in activities that may result in legal liability.
A trademark should be obtained when a business owner wants to protect their brand identity and prevent others from using a similar mark that may cause confusion among consumers. A trademark is an essential tool to build brand recognition and reputation.
Does a Trademark Need to Match the Name of the LLC?
No, a trademark doesn’t necessarily need to match the name of the LLC. It’s possible to have a trademark that’s different from the LLC’s name, but it’s essential to ensure that the trademark doesn’t infringe on another company’s intellectual property.
How to Pick a Name for an LLC
When picking a name for an LLC, it’s essential to consider the name’s availability and whether it may infringe on another company’s trademark or intellectual property. The name should also be unique and memorable and reflect the business’s products or services.
Want to Register a Trademark?
When registering trademark, it’s crucial to hire an experienced trademark attorney. A trademark attorney can conduct a comprehensive search for existing trademarks to ensure that the chosen brand name is available for use and that the brand name is compliant with all legal requirements.
Get in touch with us to schedule free trademark consultation. We can be reached at 1 800-651-7301, via email at info@trademarkattorneyslosangeles.com, or through our contact form below. One of our attorneys will get back to you within 24 hours of your submission to schedule a phone consultation, virtual meeting, or an in-person meeting with you. We look forward to hearing from you!