If a trademark is too similar to one already in use or poses a risk of consumer confusion, the United States Patent and Trademark Office (USPTO) will not grant it. This is so that consumers can distinguish between two brands when they have similar names. Trademarks are intended to set one brand apart from another.
Additionally, the owner of the existing trademark may contest your application if you try to register a trademark for a name that is already in use. They have the right to oppose your use of the name or logo by submitting a trademark opposition. It is recommended to stay away from this entirely as it can be expensive and time-consuming. Does the name of your LLC matter?
When it comes to trademarking your brand, you might be wondering whether the name of your limited liability corporation (LLC), if you have one, counts. Yes, it does matter, is the answer. You will need to file a second trademark application in order to secure trademark protection for your LLC name.
When applying for a trademark, you may indeed shorten the name of your LLC. It is crucial to make sure that the shortened name may still be distinguished from other brands in your sector. To reflect the abbreviation in your LLC name, you might also need to file an amendment with your state. Does My Business Name Need to Include LLC?
You are not obliged to add LLC to your business name if you have formed an LLC. However, doing so is advised to let the public know that you are conducting business as a limited liability corporation. In the case of a lawsuit or bankruptcy, this can assist in protecting your personal assets.
A legal document known as a “article amendment” updates an LLC’s or corporation’s articles of incorporation or organization. Changes to the company’s name, address, mission, or organizational structure are examples of this. You must submit an article amendment to your state if you need to modify the name of your LLC.
Therefore, trying to trademark a name that is already in use is not advised. Make sure your LLC name can be distinguished from other trademarks in your field, and think about include LLC in the name of your company. File an article amendment with your state if you need to modify the name of your LLC.
If the name of your LLC is already in use, you can still add members. However, it might be necessary to take further actions and file additional papers with your state’s company registration agency in order to add members to your LLC. These actions might include revising the LLC operating agreement. A legal expert should always be consulted before making any changes to your LLC’s organizational structure.
As long as all LLC members agree to the proposed modifications, you can normally update an operating agreement at any time. It is crucial to adhere to the processes established in the original operating agreement when making adjustments, which can entail having a vote or getting all members’ written assent. In order to make sure that the revised operating agreement complies with all applicable laws and fairly captures the goals of all members, it is also advised to seek legal advice.