Q: If my LLC is already formed, can I trademark my name?
Thank you to a customer for that great question! Many people who form LLCs wonder if they can or should trademark their business name, so we decided to address this issue in a blog post. If you have an LLC, it’s definitely possible to trademark your business name, and it’s often a great idea! While registering your business as an LLC keeps other businesses in your state from using your business name, you can more fully protect your brand from copycats by registering a trademark. We’ll explain how it works.
Why do I need a trademark if I’ve already registered my LLC name with the state?
When you register as an LLC, you’re required to use a name that’s distinguishable from any other active business name in the state. This means that once your LLC is in business, other registered businesses in your state won’t be able to use your name or a name that’s too similar to yours. However, businesses in other states will still be able to use your business name, and in some states, “doing business as” names (DBAs) are not regulated, meaning a business with a DBA could use your name, even if you’ve already registered it with the state.
That’s why LLC owners who are concerned with building a unique brand—especially if they want to do business in multiple states—will often register a trademark. When you trademark your LLC name at the federal level, businesses across the US will not be allowed to use your name, or a name that is too similar to yours, if they offer a similar service or product.
Additionally, trademarking your LLC name is a way to retain your business name after dissolution, so that even if need to dissolve your business for a period of time, you can hold onto the brand you’ve built.
Read up on What is a trademark?
How do I trademark my LLC name?
To federally register a trademark, you’ll need to apply with the United States Patent and Trademark Office. Before you apply, you should make sure that another business hasn’t already trademarked the name you want to use, using the USPTO Trademark Search.
Learn how to register a trademark.
How much does it cost to register a trademark?
Trademark registration is pretty pricey, ranging from $250 to $350 per class of trademark. Every five years you’ll need to file a Section 8 Declaration of Continued Use and pay a $100 fee (per class of trademark). And every ten years, you’ll need to file a combined Section 8 Declaration of Use and Section 9 Application of Renewal, which costs $500 total.
How long does it take to register a trademark?
As is typical with the federal government, trademark registration can take a long time. It can take eight months or longer to get a trademark approved at the federal level.
Sound complicated? Learn about Northwest’s Trademark Service.