![]() ![]() Examples of names that would not be eligible for protection are:įor information on trademarks and applying for a trademark visit the United States Patent and Trademark Office and look at their FAQ. Common words or phrases that are not inherently distinctive are not offered trademark protection. The name that you select for your company must be distinctive to receive trademark protection. You will need to register it as a trademark with the United States Patent and Trademark Office. However, the United States Patent and Trademark Office says a trademark is a "word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of another" so your company's name can be protected. Please contact the Copyright Office with further clarification. In some circumstances, an artistic logo may also be protected as a trademark. You could use 'Bob's Business, LLC' as the formal name, and some completely unrelated name as the trademark. However, you are not obligated to use that form. However, copyright protection may be available for logo artwork that contains sufficient authorship. Now, many small businesses go with the form of 'Bob's Business, LLC' as the formal name and 'Bob's Business' as the trademark and name they present to the public. Patent & Trademark Office (1-80), for further information. In some cases, these things may be protected as trademarks. The Copyright Office created their own FAQ for copyrighting a name, title, slogan, or logo:Ĭopyright does not protect names, titles, slogans, or short phrases. For additional information please see the Copyright Office Information Circular 34 available on the Copyright Office website. The contents are intended for general information purposes only and the information contained in this is not intended to create or constitute an attorney-client relationship.The Copyright Office cannot register claims to exclusive rights in brief combinations of words including names of products, services, businesses, organizations, or groups. Readers should not act upon the information contained in this response without professional counsel. The information contained in this response should not be construed as legal advice on any specific facts or circumstances. Otherwise, you risk the very purpose of having formed an LLC in the first place. I would just be certain that it is there somewhere. Now let’s look at reasons not to include LLC in a logo. Failing to comply with these requirements can result in fines or legal penalties. Some states require businesses to include LLC or other legal designations in their company name or logo. ![]() Having said that, it is not necessary to put ABC, LLC in big bright letters on your marketing collateral. While the logo will most likely not have the designator, the text should indicate the business is a registered legal entity. Including LLC in a logo can ensure legal compliance. Similarly important is to make sure that you sign any and all documents related to the business in the proper way indicating that you are signing in a corporate capacity and not personally. The last thing you want to be defending is a claim that you were operating outside of the protection of the LLC because you did not use it in your materials. I counsel all of my LLC clients to use the entire name whenever and wherever they can. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies. In addition, an attorney/client relationship is formed only by specific agreement. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. To see proof of this, look to larger companies like Chrysler or Nike. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. Do I Need to Use LLC in My Logo While your LLC affords you some benefits, it’s not necessarily something that you want to have on your logo. If you want that protection (which you clearly do), you should make sure that all materials indicate the proper name of the entity. Corporations and limited liability companies are, quite obviously, formed in order to limit liability. Putting the designation "LLC" or the like on all materials will put the world on notice that you are operating as a limited liability company, just as the words "incorporated," "corporation," or "limited" (or abbreviations thereof) will put others on notice that a corporation is involved. ![]()
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