Registering an LLC Does Not Protect Your Brand
Many Atlanta entrepreneurs believe that registering a business with the Georgia Secretary of State protects their name.
In reality, an LLC registration only prevents another business from forming an identical entity name within Georgia. Itdoes not create trademark rights.
Another company could still register a federal trademark or operate under a confusingly similar brand name.
What a Trademark Protects
A trademark protects thebrand identifier used with goods or services in commerce, including:
- Company names
- Product names
- Logos
- Taglines
If consumers associate a name with a particular business, it may qualify for trademark protection.
Steps to Trademark a Business Name
Conduct a Trademark Search
Before filing an application, it is important to determine whether similar trademarks already exist.
This includes searching:
- USPTO trademark database
- Common law uses
- Business directories
- Domain names and social media
File a USPTO Application
Trademark applications are filed with the United States Patent and Trademark Office.
The application requires:
- Owner information
- Description of goods/services
- Filing basis (use or intent to use)
- Specimen of use (for use-based applications)
USPTO Examination
After submission, a USPTO examining attorney reviews the application.
Common issues raised include:
- Likelihood of confusion with existing marks
- Descriptive wording
- Improper specimens
Publication and Registration
If approved, the mark is published for opposition before registration.
Once registered, the owner receives a federal trademark certificate.
Protecting Your Brand the Right Way
Filing a trademark application may appear straightforward, but errors can lead to refusals or delayed registrations.
Working with a trademark attorney can help ensure your application is structured correctly and that your brand is protected from potential conflicts.
To learn more about protecting your brand, call888-914-0011or emailcontact@landrypllc.com.
You can also learn more about our trademark services here:https://landrypllc.com/trademark-services/