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Does my Trademark Need to Match my LLC Name?

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J.D. Houvener / Bold Patents Law Firm

J.D. Houvener / Bold Patents Law Firm

Күн бұрын

Have an Invention or Trademark to Protect? Schedule a Free Discovery Call: calendly.com/b...
Matt Kulseth, Bold's in-house Trademark specialist explains the difference between a trademark and an LLC.
#trademark #patent #invention #entrepreneur
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Sorry, occupational hazard: This is not legal advice, nor can I give you legal advice. I AM NOT YOUR LAWYER. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. All non-licensed clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

Пікірлер: 2
@burtrussel1535
@burtrussel1535 3 ай бұрын
Hi. Can you tell me, is it ok to start a brand and name your company xyzLLC and then trademark xyz? So that way your trademark is owned by the same name llc? What are the ramifications of this? Maybe dumb questions but this is all confusing... Thank you.
@boldpatents
@boldpatents 3 ай бұрын
Thank you Burt for your question, and it is NOT a dumb question. It's likely that many others had the same question in their heads, but were too afraid to ask. So, kudos to you. In your question, I'm assuming "XYZ" is just a filler for your brand, and you're not actually seeking protection for the three letters: X, Y, and Z together. That said, if your brand name is distinctive in your product class (meaning there is no other brand using the same/confusingingly similar mark in your classes (area of business), then yes, you can register a trademark. Remember, state registration of a business is very different from seeking federal trademark protection. The secretary of state of the state you reside in will grant you registration for your "XYZ, LLC" so long as that name is not an exact match to another LLC in your state. The secretary of state will not do any type of search in other 49 states. So, you've got to do some research (or hire a good trademark attorney - i know one ;)) to make sure your brand is not already being used or is not confusingly similar to another brand that existed before you in the same product class(es). Once you register, assigning the trademark (giving ownership) to your LLC makes sense to do as well. This is a simple document and recording process. Sorry for the long answer, but, I wanted to be thorough. Feel free to follow up with any further questions. If you'd like to discuss confidentially, please schedule a free discovery call with us here: calendly.com/business-consultations/am06-youtube
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