Trademarks are granted at the federal level by the U.S. Trademarks can be granted on distinctive names, logos and slogans. Filing for federal trademark protectionĪ trademark is a word, phrase, symbol or design (or a combination of any of these) that identifies the source of a product or service and distinguishes it from competitors'. Related: Lower Trademark Filing Fees Coming SoonĢ. However, if you plan on expanding nationwide, selling your products/services across the country, or are just concerned that a partnership might use your name, then you should protect your name on a federal level with a trademark. There's little chance that a customer will confuse the two. For example, if you are opening a local restaurant or other establishment, you might not mind if another business uses your name in a completely different state. And, it can even incorporate or form an LLC in other states with with the same name.ĭepending on your business type and model, brand protection at the state level might be sufficient. If you incorporated your business in New York, another business can use your same name in New Jersey or Connecticut. In addition, registering your name with the state has no impact on what happens in the other 49 states. It just won't be able to register as an LLC or corporation with that name. However, there's nothing to stop a business that operates as a sole proprietorship or partnership from using your name in the state. Once your LLC or corporation application is approved, your name is protected in the state: No other business will be able to form an LLC or corporation with the same name in that state.
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