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Do I Need An LLC To Get A Trademark?

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There is a list of reasons why trademark registration is a crucial step for any business. And though it might be less expensive to do it on your own, having a professional with expertise in the same field could be more beneficial.

Since Boston is considered to be the Commonwealth of Massachusetts’ most populous city, it can’t be denied that tons of entrepreneurial opportunities have emerged in its heart. However, a Boston trademark registration remains significant protection for tiny businesses.

Do you need to label the business with LLC?

The short answer is no. However, individuals could acquire trademarks under their names and still have the liberty to transfer this license to an LLC.

To register for a trademark, a person would only have to present a statement declaring their intention of use, along with a clear representation of the applicant’s suggested trademark in the forms of symbol, word, drawing, shape, and even specimens that’ll allow the USPTO to evaluate the application.

What to do if your trademark isn’t registered yet

1. Look up if someone else already registered your trademark.

It’s vital that you know if the trademark you’re planning to register to the USPTO has been taken or not, as this could save you the time from lining up for hours just to be told that your application was rejected. Plus, this can be a wise move to identify if your trademark shares some similarities with other trademarks so that you could find the time to modify it as you wish.

Watch out for the varying degrees of distinctiveness. For instance, descriptive marks would refer to how your trademark directly describes the trait or function of the goods or services, while fanciful marks pertain to the unique names.

Of course, you could also employ arbitrary marks, which are common words from the English language that describes another thing. Take an apple, for example.

2.Refer to the Anti-Cybersquatting Act of 1999

With the Anti-Cybersquatting Consumer Protection Law, another individual can’t steal the domain name you own, so even if a company or a person has been using your logo or name for non-commercial purposes, you are protected under this law.

A real-life example would be Evan Morgan Freeman’s case, wherein he had to register his name as a trademark after finding out that someone else has been using it as a domain name in a website that we could say is in bad faith.

Referring to this law could give you a heads up on the limitations of your trademark and how you could address the typical problems encountered in applying and using trademarks.

3.Use the “TM” in the meantime

If you’re operating in a small geographic space, a trademark logo could cover having others stealing or infringing on your idea as a burden of proof for when you still haven’t registered.

On the other hand, a company running in national settings must apply for trademark protection to obtain legal protection across the country. And once you’ve got the approval to your application papers, be keen on remembering to renew your trademark every ten years and keep it relevant and visible throughout the years.


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