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LEGAL TALK

What is the Difference between an LLC and a Trademark?

An LLC stands for a Limited Liability Company this is a type of business entity formation that you register with your state, usually with your Secretary of State. Forming your LLC will protect your name within the state, and no other business can use that name within the state. An LLC does not give nationwide brand protection when it comes to your name. State protections are useful for locally owned and operated businesses. However, to get nationwide protection you would need a trademark. 

A trademark is a word, phrase, symbol, design, sound, that identifies a service or good and this mark distinguishes them within the market. Trademarks are granted at the FEDERAL level by the USPTO and give the owner exclusive rights to their mark throughout the USA. LLC is how you form a business and trademarks are how you protect the business, brand, reputation, and recognition. Both are necessary and serve a role in your business.  

The protection an LLC brings is limiting when it comes to brand protection because it offers only local protection. If you are selling online then an LLC is going to be insufficient for your brand protection. The same goes for doing business as (dba) and tradenames. Trademarks are the best tool to protect and monetize your business and brand. 

 

We help businesses move from local protection to national protection by registering their trademarks. We can get started today.