Trademarks + The Law Archives - Page 4 of 9

Trademark vs. Copyright: AN EASY GUIDE

August 23, 2022 by Michael Kondoudis

Trademarks are signals that identify and protect brands, while copyrights protect creative works from copying.

By Michael Kondoudis, Small Business Trademark Attorney

This is our new EASY guide to trademarks, copyrights, and the differences between them. So if you want to understand how to use trademarks and copyrights to protect your hard work, then this guide is for you.

Let’s get started!

Contents

PART I: Trademarks

PART II: Copyrights

PART III: Trademark Vs. Copyright

PART IV: Trademark vs Copyright vs Patent

PART V: Frequently Asked Questions

PART I. TRADEMARKS

What Is a Trademark?

A trademark is a distinctive word, phrase, symbol, or other “signal” that represents your brand identity. They tell customers which products or services come from your business. A trademark distinguishes your products (or services) from the competition and helps stop imitations. Its main purpose is to provide protection for your brand, helping consumers recognize its origin effortlessly.

When you protect a trademark, you protect the brand that goes with it.

What Can Be a Trademark?

The most popular types of trademarks are names, logos, and slogans because they represent brands so well. However, almost anything that identifies and distinguishes a business’s products or services can be trademarked, including designs, sounds, characters, colors, and color schemes, so long as they are used to identify your brand.

Worried About Your Trademark?

How Do You Protect a Trademark?

The best way to protect a trademark is to register it with the United States Patent and Trademark Office (USPTO). Federal trademark registration comes with the nationwide right to use your mark and prevents competitors from registering it for their brand. Trademark registrations are granted by the USPTO.

Pro Tip: After applying to the USPTO, you should consider using the trademark symbol “TM” with your mark. It is not a requirement but is a good practice because it shows that you own the creative work and deters others from using it without permission.

PART II. COPYRIGHTS

What Is a Copyright?

A copyright protects authors and creatives from the unauthorized copying of their creative and artistic works. Copyrights protect creative works like songs, books, photographs, movies, and performances. A copyright gives you the exclusive right to use a work in a variety of ways: including:

Reproducing the work
Preparing derivative works based on the work
Performing the work publicly
Displaying the work publicly

Copyrights ensure that artists and creatives are rewarded for their artistry.

What Can Be Copyrighted?

Almost any artistic or creative work can be copyrighted. They protect against unauthorized copying of creative works. Examples of artistic and creative works that can be copyrighted include:

Books, novels, and stories
Poems
Photographs and paintings
Movies and videos
Song lyrics and sheet music
Sound recordings

How Do You Protect a Copyright?

The best way to protect a copyright is to register it with the U.S. Copyright Office, which is part of the Library of Congress. Registration is optional but highly recommended because it comes with more legal protections. Copyright registrations are granted by the U.S. Copyright Office.

Pro Tip: After applying to the Copyright Office, you should consider adding a copyright notice to your work. It is not a requirement but is a good practice because it shows that you own the creative work and deters others from using it without permission.

PART III. TRADEMARK vs. COPYRIGHT

Now that we know a bit about trademarks and copyrights, let’s look at the key differences between them.

Trademark vs Copyright: The Top Seven Differences

1. Purpose: Trademarks are associated with brands and protect distinctive signs connected to goods or services (e.g., Nike’s Swoosh logo), while copyrights protect original creative works of authorship (e.g., books, music, films).

2. Scope of Protection: Trademarks shield against confusing similarities (not just identical marks), safeguarding customers from counterfeit products or services. In contrast, copyrights protect against unauthorized copying of their creative works.

3. Type of Protection: Copyrights give the owners the exclusive right to reproduce, distribute, and display their works, while trademarks only give their owners exclusive rights to use the marks mark in connection with their products or services.

4. Duration: Copyrights expire 70 years after an author’s death, by statute. Unlike copyrights, trademarks can potentially last indefinitely, provided you continue to use and renew them. So, while copyrights definitely expire, trademarks do not.

5. Symbols: Trademarks are designated by the symbol “TM” or, in the case of registered trademarks, “®”. Copyrights are designated by the symbol “©”.

6. Use: Trademarks must be used in commerce, copyrighted works do not need to be used in commerce

7. Registration: Trademarks are registered with the U.S. Patent and Trademark Office (USPTO). You can obtain federal trademark registration through the USPTO. Copyrights are registered with the U.S. Copyright Office, which is a part of the Library of Congress. You can obtain federal copyright registration through the U.S. Copyright Office of the Library of Congress.

Remember: The main difference between trademarks and copyrights is that trademarks protect distinctive signs associated with goods or services (ex: Nike’s Swoosh logo), while copyrights protect original works of authorship (ex: books, music, films).

PART IV. TRADEMARKS vs. COPYRIGHTS vs. PATENTS

Patents, copyrights, and trademarks are different types of intellectual property. Each one offers different protections for different types of intangible properties (i.e., brands, creative works, and inventions). The distinctions among the three can be subtle, and often the same product or service may involve more than one of these intellectual property or “IP” rights.

The key to understanding the differences between trademarks, copyrights, and patents is in what they protect.

Trademarks protect brands.

Trademarks distinguish a company’s products from the competition and help customers find and rely on brands they know and trust.

Names, logos, colors, and even sounds can all be trademarks – if they are used to distinguish products.

Federal trademarks, the most common and most valuable type, are granted by the U.S. Patent and Trademark Office. They continue indefinitely so long as they are renewed.

Do you need help with your trademark?

Copyrights protect creative works.

Copyrights ensure that artists and creatives are rewarded for their artistry.

Novels, movies, poetry, photographs, songs, and even computer software can be protected by copyrights.

Copyrights are administered by the Copyright Office of the Library of Congress.

Patents protect inventions.

Patents help encourage inventors to keep inventing.

Patentable works include “new” and “useful” machines, industrial processes, chemical compositions, and even some plants. There are two main types of patents:

(1) Utility patents for how something works (e.g., machines, articles of manufacture, or compositions of matter);

(2) Design patents for how something looks (ornamental features).

Patents are granted exclusively by the U.S. Patent and Trademark Office in exchange for public disclosure of the invention in the patent document.

PART V. FREQUENTLY ASKED QUESTIONS

1. Do you trademark or copyright a logo?

You trademark a logo. Logos are trademarked. You protect a logo by trademarking it. With a logo trademark, you can prevent competitors from using your logo in connection with their products or services. Logos are not copyrighted.

If you have a logo, and you want to protect it, then you need a trademark. Famous examples of trademarked logos are the McDonald’s “Golden Arches” and the Nike “Swoosh.”

When a logo is trademarked, competitors will not be permitted to offer products or services under the same logo or anything similar.

Logo = trademark

2. Do you trademark or copyright a name?

You trademark a name. Names are trademarked. You protect a brand name by trademarking it. With a name trademark, you can prevent competitors from using your name in connection with their products or services. Names are not copyrighted.

If you have a product and want to protect the name, you would need a trademark. Famous examples of name trademarks include IPHONE® and BIG MAC®.

When a name is trademarked, competitors will not be permitted to offer products or services under the same name or anything similar.

Name = trademark

3. Do you trademark or copyright a business name?

You trademark a business name. Business names are trademarked. You protect the name of a business by trademarking it. With a name trademark, you can prevent competitors from using your business name in connection with their products or services. Business names are not copyrighted.

If you have a business and want to protect its name, you would need a trademark. Famous examples of trademarks for business names include GOOGLE®, APPLE®, and COKE®.

When a business name is trademarked, competitors will not be permitted to offer products or services under the same name or anything similar.

Business name = trademark

4. Do you trademark or copyright a phrase?

You trademark a phrase. Phrases are trademarked. You protect a phrase by trademarking it. With a trademark, you can prevent competitors from using your phrase in connection with their products or services. Phrases are not copyrighted.

If you have a service and want to protect a phrase that you use to brand it, you would need a trademark. Famous examples of trademarks for phrases include DON’T LEAVE HOME WITHOUT IT® and WHAT’S IN YOUR WALLET?®.

When a phrase is trademarked, competitors will not be permitted to offer products or services under the same phrase or anything similar.

Phrase = trademark

5. Do you trademark or copyright a slogan?

You trademark a slogan. Slogans are trademarked. You protect the slogan of a business by trademarking it. With a trademark, you can prevent competitors from using your slogan in connection with their products or services. Slogans are not copyrighted.

Well-known examples of slogans for businesses include and Apple’s THINK DIFFERENT® and McDonald’s I’M LOVIN’ IT®.

When a slogan is trademarked, competitors will not be permitted to offer products or services under the same slogan or anything similar.

Slogan = trademark

6. What Goes Into a Copyright Notice?

A copyright notice includes the following three items:

The copyright symbol © or the word “copyright”
The name of the copyright owner
The year of publication

7. Do you trademark or copyright a stage name?

You trademark a stage name. Stage names are trademarked. You protect a stage name by trademarking it. With a stage name trademark, you can prevent competitors from using your stage. Stage names are not copyrighted.

If you have a stage name that you want to protect, you would need a trademark. Famous examples of trademarks for stage names include LADY GAGA, DRAKE, SPIKE LEE.

Stage name = trademark

Take the Next Step and Legally

Own Your Trademark

Schedule a Free Strategy Call

Take the Next Step Legally Own Your Trademark

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Michael Kondoudis

For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

What Can Be Trademarked: An EASY Guide

August 16, 2022 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Attorney

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This is our EASY guide to what can be trademarked. If you want to know what can be trademarked (and what can’t), then this guide is for you.

Let’s get started!

Contents

> What is a trademark?

> What is a registered trademark?

> What a trademark does

> What can be trademarked

> The top 15 things that can be trademarked

> What cannot be trademarked

> The top 7 things that cannot be trademarked

> What is a trademark?

> What is a registered trademark?

> What a trademark does

> What can be trademarked

> The top 15 things that can be trademarked

> What cannot be trademarked

> The top 7 things that cannot be trademarked

What Is A Trademark?

A trademark is a sign or signal that represents a brand identity and identifies a business’s products or services in the marketplace. Names, logos, and phrases are the most popular trademarks.

Trademarks represent brands. Every successful brand is built on at least one trademark. When you protect a trademark, you protect the brand that goes with it, along with all of the hard work and investment that you put into your brand. In most cases, names and logos are the cornerstones of brands.

What Is A Registered Trademark?

A registered trademark is an enhanced trademark certified by the U.S. government. It’s an enhanced trademark because it comes with exclusivity and nationwide legal rights and prevents anyone else from registering anything even similar for your industry.

Registered trademarks are sometimes referred to as federal trademarks.

Federal trademark registration is the best way to protect the mark(s) that reflect your brand. Read our quick guide to all of the reasons to register a trademark.

U.S. Trademark 48,461 for Campbell’s Soup

U.S. Trademark 977,190 for the NIKE Logo

The United States Patent and Trademark Office (or “USPTO”) is the Federal agency that registers trademarks.

What Does A Trademark Do?

Trademarks represent brands. A trademark tells customers which products or services come from your business. So, trademarks help customers identify your business as the source of a product or service. A trademark individualizes a product or service and differentiates it from the competition.

• Trademarks help customers find the products and services that they like, which helps make them repeat customers.

• Trademarks also help customers recommend products and services to their friends, which is free marketing.

• Trademarks convey stability and trust and tap the human preference for visuals, which makes your marketing more effective and less expensive.

The purpose of a trademark is to allow customers to easily identify the source of goods or services. Trademarks protect businesses’ investments in their brands and stop others from unfairly reaping the benefits of that investment.

Stop Worrying About Your Trademark

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See How My Law Firm Can Help You Protect Your Trademark

New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

What Can Be Trademarked?

Many things can be trademarked, especially business or product names, logos, slogans, and phrases. As long as the trademark identifies a source of goods or services and is used in commerce, it is generally eligible for trademark protection. Generally, trademarks cover goods and services that are related to the brand. Typically, trademarks are registered with the U.S. Patent and Trademark Office.

The most popular types of marks are:

Names: Usually, your company name or the name of your product.

Logos: Your company logo or other graphic used to brand your products

Phrases + slogans: The phrase you use to sell your products.

For example, Apple Inc. protects its brand with a combination of its name “Apple,” its apple logo, the slogan “Think Different,” and product names like “MacBook” and “iPhone.”

Almost anything that identifies and distinguishes a business’s products or services can be trademarked, including a word, name, phrase, symbol, design, sound, character, color, or color scheme, so long as it is used as a brand. Every element of your brand can be a trademark. The possibilities are almost limitless.

What Can You Trademark?

Anything that represents your brand and distinguishes your products from the competition can be trademarked, especially business or product names, logos, slogans, and phrases. So, you can trademark anything that distinguishes your products and services from the competition and helps consumers identify brands, including:

1. Band Names (“The Beatles”)
2. Blog Names (“Mashable”)
3. Catchphrases (“That’s Hot!”)
4. Characters/Mascots (“Ronald McDonald”)
5. Company Names (“Google”)
6. Logos (the Nike “swoosh”)
7. Podcast Names (“The Joe Rogan Experience”)
8. Product Names (“Corvette”)
9. Product Shapes (Coca-Cola contoured bottles)
10. Restaurant Names (“Taco Bell”)
11. Services (“Bank America”)
12. Slogans (“What’s in your wallet”)
13. Webinar Names + Platforms (“Zoho”)
14. YouTube Channel Names (“PewDiePie”)

What Can You Trademark?

Band Names (“The Beatles”)
Blog Names (“Mashable”)
Catchphrases (“That’s Hot!”)
Characters/Mascots (“Ronald McDonald”)
Company Names (“Google”)
Logos (the Nike “swoosh”)
Podcast Names (“The Joe Rogan Experience”)
Product Names (“Corvette”)
Product Shapes (Coca-Cola contoured bottles)
Restaurant Names (“Taco Bell”)
Services (“Bank America”)
Slogans (“What’s in your wallet”)
Webinar Names + Platforms (“Zoho”)
YouTube Channel Names (“PewDiePie”)

What Cannot Be Trademarked?

Inventions and creative works of art cannot be trademarked; they are protected by patents and copyrights, respectively. Also, some brand elements cannot be trademarked because they do not identify the source of a product or service.

• Names and logos that are too similar to an existing trademark cannot be trademarked. Confusion could result.

• Generic terms and phrases cannot be trademarked because they are never recognized as a brand.

• Common surnames cannot be trademarked without a separate showing that the name has acquired distinctiveness through use.

• Geographic descriptors cannot be trademarked because they just describe an aspect of a product or service.

Other examples of things that you cannot trademark are inventions and creative works, which are respectively protected by patents and copyrights.

1. Generic terms

Generic terms that describe a category of product or service cannot be trademarked. For example, you cannot trademark the word “car” or the word “computer.”

2. Descriptive terms

Descriptive terms that describe a feature of a product or service cannot be trademarked. For example, you cannot trademark the word “fast” or the word “efficient.”

3. Geographical terms

Geographical terms that identify the original or location of a product or service cannot be trademarked. For example, you cannot trademark the word “California” or the word “New York.”

4. Personal names

Personal names cannot be trademarked. For example, you cannot trademark the name “John Smith” or the name “Mary Jones.”

5. Trademarks that are misleading

Trademarks that are misleading cannot be registered. For example, you cannot register a trademark for the word “Natural” if the product is not actually natural.

6. Trademarks that are too similar to existing trademarks

Any mark that is likely to cause confusion with an existing registered mark is not registrable.

What Cannot Be Trademarked?

• Names and logos that are too similar to an existing trademark cannot be trademarked. Confusion could result.

• Generic terms and phrases cannot be trademarked because they are never recognized as a brand.

• Common surnames cannot be trademarked without a separate showing that the name has acquired distinctiveness through use.

• Geographic descriptors cannot be trademarked because they just describe an aspect of a product or service.

Other examples of things that you cannot trademark are inventions and creative works, which are respectively protected by patents and copyrights.

1. Generic terms

Generic terms that describe a category of product or service cannot be trademarked. For example, you cannot trademark the word “car” or the word “computer.”

2. Descriptive terms

Descriptive terms that describe a feature of a product or service cannot be trademarked. For example, you cannot trademark the word “fast” or the word “efficient.”

3. Geographical terms

Geographical terms that identify the original or location of a product or service cannot be trademarked. For example, you cannot trademark the word “California” or the word “New York.”

4. Personal names

Personal names cannot be trademarked. For example, you cannot trademark the name “John Smith” or the name “Mary Jones.”

5. Trademarks that are misleading

Trademarks that are misleading cannot be registered. For example, you cannot register a trademark for the word “Natural” if the product is not actually natural.

6. Trademarks that are too similar to existing trademarks

Any mark that is likely to cause confusion with an existing registered mark is not registrable.

What Cannot Be Trademarked

The United States Patent and Trademark Office (USPTO), which is responsible for examining applications and granting registrations for trademarks, has strict rules about what can and cannot receive protection. The following things cannot be registered as trademarks:

Deceptive Words, Names, Phrases, Slogans (they are misleading)
Merely Descriptive Words (e.g., Best ice cream, Red car)
Merely Decorative Features (they don’t identify source)
Generic Terms and Phrases (e.g., milk, toaster)
Proper Names or Likenesses (without consent from the person)
Disparaging Words, Names, Phrases (by law)
Government Flags, Coats of Arms, Flags (by Statute)

Frequently Asked Questions

1. What can I trademark?

You can trademark anything that helps customers recognize you in the marketplace and distinguish you from your competitors. Company names, product names, logos, and phrases are prime candidates for trademark protection. You can trademark words, phrases, and logos by submitting an application to the U.S. Patent and Trademark Office (USPTO).

2. What cannot be trademarks?

Creative works and inventions are not eligible for trademark protection. They are protected by copyrights and patents, respectively. Also, merely descriptive terms such as “shoes” or “books” and generic terms such as “car wash” or “dry cleaning” cannot be trademarks because they do not distinguish a company or its products in the marketplace.

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Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Handle Trademark Infringement

August 10, 2022 by Michael Kondoudis

Your brand is WHO you are, WHAT you do, and WHY you do it. It’s how consumers will first encounter your business. It’s the common thread throughout your marketing. Your website, business cards, and invoices all reflect it. That’s why brands are important.

Trademarks (name + logo + slogan) represent brands. Federal trademarks protect brands. If you discover that another company is infringing your trademark, you can and should take action to enforce your rights.

How should you handle trademark infringement?

1. Learn What You Can About Them

The first thing to do is to learn about them. Visit their website and social media pages. Grab screenshots. Take pictures of their products or advertisements.

You’ll want to find out:

What they sell
Where they sell it
When they first used the brand
Whether they have a Federal trademark

2. Keep it Off Social Media

You don’t want to post about it on social media. It can get you into legal trouble and won’t help.

We’ve seen defamation lawsuits that started when one company posted an Instagram story about another company stealing their brand. Handle it offline – away from your customers.

Trademark infringement is a complicated Federal legal matter. We can help.

3. Ask Yourself: Are They Too Close?

You’ll need to weigh whether they are using a trademark that is legally too close to yours. This test can get complex. Still, they’re probably too similar if they meet these three conditions.

You’ll want to be broad about what sounds and looks similar. For example, if the brands share a keyword, they may be too similar. Words like “Inc.” “The” or “And” won’t make a difference. You can ignore them.

You’ll also want to consider what the brands mean. If the brands allude to related feelings or even geographic locations, they may be too similar. The use of another language won’t make a difference. In the US, hello and “hola,” for example, are treated as the same.

You’ll want to be broad about what is a similar product or service. They don’t need to be the same. Even complementary products and services can be “similar” for trademark infringement.

For example, shirts and bags could be too similar because many stores sell both.

If their products and services can be sold in the same way that you sell yours, then they need to stay further away from your trademarks.

4. Know Your Trademark Rights

A (Federal) trademark gives you the exclusive right to use your name + logo + slogan. This exclusive right extends to all 50 States.

This exclusive right extends to all trademarks that are “confusingly similar.” If (1) you have a Federal trademark, (2) the new brand is similar to (or the same as) your trademark, and (3) they started their business after you, then you can take steps to stop them. Keep reading to see what to do next.

If you don’t have a Federal trademark, you can’t stop them yet. You may still be able to trademark the brand and stop these copycats. Consider talking with an experienced trademark lawyer.

5. Get Legal Help to Handle Trademark Infringement

If you decide that someone is using a trademark that is too close to yours, contact a trademark lawyer to help you work through your many options.

Most trademark-infringement enforcement strategies start with sending a cease and desist letter addressed to the trademark infringer demanding that they stop infringement. Many times, however, other options are preferable. These include applying for a Federal trademark, sending a reservation of rights letter, or continued monitoring.

In the US, you are responsible for enforcing/protecting your trademark property rights. You can lose your trademark rights if you do not enforce them.

Trademark enforcement is not a DIY project. It involves Federal Statutes, legal analyses, and strategy. Also, you may inadvertently say something that can be used against you.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Trademark Renewal: Keeping Your Trademark Alive

August 10, 2022 by Michael Kondoudis

Congratulations! You’re the proud owner of a (Federal) trademark! You made a smart business decision to secure the trademark that represents your brand. Now it is time to learn about trademark renewal.

You now have the exclusive right to use it for the products and services that you sell. This means you’re the only one who can use it to represent your brand.

You don’t have to worry about copycats or rebranding. Plus, you have a leg up when it comes to legally protecting your trademarks.

Here is the really good news. A properly maintained Federal trademark may last forever – if you use it and keep it in good standing. If you don’t stay on top of your trademark renewal, someone else can take your trademark.

Here’s what you need to know.

Start Using the Trademark Symbol

You should add the ® symbol to the upper right corner of your mark wherever it is used. This includes on social media and especially your website.

The symbol lets the world know that your brand is protected nationally by Federal law.

It also makes it easier to show that someone intentionally copied your mark.

You should not use any trademark with your corporate identity.

Example: Microsoft Corporation is a corporation in the State of Washington, but Microsoft® is a federally registered brand of software, computer hardware, and cloud services.

Use Your Mark

If you use your trademark to brand a product, then it must appear on the product (e.g., tags or labels), the product packaging, or on a display for the product.

If you use your mark to brand a service, then your mark must be used in the sale or advertising of the service (e.g., a website).

Be Consistent in How You Use It

You’ll need to continue using your trademarks in the exact same way. That means the same exact words, colors, spacing, and punctuation. You’ll also need to use it on the same products or services.

Any alteration in how you use a trademark could hurt your trademark rights.

Keep Using It

Trademark rights come from use in the marketplace. You need to use your trademark to brand the products or services that you sell. Otherwise, you risk losing it.

Also, you need to use your trademark to renew it (see below).

Look for Copycats

As a trademark owner, you need to find and stop copycats. Otherwise, you could lose your trademark rights.

While the U.S. Patent and Trademark Office will prevent others from registering similar marks, it does not get involved with enforcement.

You’ll need to search for similar brands selling similar products or services. The best way to do this is with Internet searches. Some trademark owners set up “Google Alerts” to automate this process.

If you do see a similar brand, for similar products or services, you’ll want to have a trademark law firm prepare and send a trademark cease + desist letter.

Renew on Time

Trademarks may never expire – if you “check-in” with U.S. Patent and Trademark Office at specific times to let them know that you are still using your trademark.

These dates for trademark renewal are listed on your registration certificate and they’re vitally important.

If the documents are not filed by the due dates, your registration will be canceled and cannot be revived or reinstated.

@ Five years

- You’ll need to file a Declaration of Continued Use. This states that you’re still using your mark. You’ll need to do this to continue your trademark rights.
- Also, you may want to file a Declaration of Incontestability if you have used your mark continuously and consistently.
- Incontestability means that your brand is strong and easier to legally protect. It also makes it harder for people to challenge your trademark.

@ Ten years

- You’ll need to file a Declaration of Continued of Use. Again, this states that you’re still using your mark.
- You’ll also need to file an Application for a Renewal.
- This is required to continue using your trademark.

@ Every Ten years thereafter

- You’ll need to file both a Declaration of Use + an Application for Renewal.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Trademark an Image – AN EASY GUIDE

August 10, 2022 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Attorney

This is our EASY guide to trademarking an image or picture.

If you want to learn how to trademark an image or picture then read on – this guide is for you.

Let’s get started.

CONTENTS

This article explores issues that trademark owners need to know, including:

> I. THE BASICS OF TRADEMARKS

> II. IMAGE TRADEMARKS

> III. TRADEMARKING IMAGES

> IV. TRADEMARKING PICTURES

> V. WORKING WITH THE U.S. PATENT AND TRADEMARK OFFICE

> VI. TOP REASONS TO TRADEMARK IMAGES AND PICTURES

> VII. FREQUENTLY ASKED QUESTIONS

I. TRADEMARK BASICS

What is a Trademark?

A trademark is a signal to consumers that distinguishes a company’s goods and/or services from the competition. Trademarks protect brands. This, in turn, reduces consumer confusion and encourages consistent quality.

Trademarks offer national protection from imitation by copycats.

Company names, logos, catchphrases, and product names can be trademarks. The most popular types of trademarks are:

names
logos
phrases
characters

Can You Trademark an Image?

Yes, you can trademark an image when you use it in your branding. Images can be trademarked. So, if you are using an image to tell customers that a product or service comes exclusively from you, you can trademark the image. Trademarking an image is the best way to protect it for your brand.

The answer to the question “can you trademark an image?” is yes!

Can You Trademark a Picture?

Yes, you can trademark a picture when you use it as a brand. Pictures can be trademarked. So, if you are using a picture to tell customers that a product or service comes exclusively from you, you can trademark the picture. Trademarking a picture is the best way to protect it for your brand.

The answer to the question “can you trademark a picture?” is yes!

II. IMAGE TRADEMARKS

What is an Image Trademark?

An image trademark is a trademark for a graphic or illustration that a company or business uses in its branding. The most common image trademarks are likenesses, characters, and logos.

III. TRADEMARKING IMAGES

Can You Register an Image as a Trademark?

Yes, you can register an image as a trademark by applying to the U.S. Patent and Trademark Office (USPTO). The USPTO accepts applications for image trademarks that represent brands. So, the USPTO allows you to trademark an image if it’s used in your branding. This can be a valuable asset for your business, helping to protect your brand identity.

Do You Need to Trademark an Image?

Yes. If you are investing in a brand and using an image to represent the brand, you should trademark the image by registering it with the U.S. Patent and Trademark Office (USPTO).

Trademarks protect brands and the names, logos, and images that represent brands.

How to Trademark an Image

Trademarking an image that represents your company, product, or service is the best way to protect it – and your brand. Knowing how to secure an image trademark is important. Here’s how to trademark an image in six steps:

1. Develop a unique and distinctive image (e.g., a logo, character, or likeness)

2. Search the USPTO trademark database for existing trademarks to confirm that no one has registered the image

3. Collect the information required for a new application and decide on a trademarking strategy

4. Prepare and file your new application with the U.S. Patent and Trademark Office (USPTO)

5. Navigate the USPTO application review process

6. Use the correct trademark symbol. Read more about trademark symbols here.

Generally, you trademark an image by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking with the USPTO is a legal process that usually takes about 12 months. So, the sooner you start trademarking your image the better.

Stop Worrying About Your Trademark!

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See How My Law Firm Can Help You Protect Your Trademark

New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

How Long Does It Take to Trademark an Image?

It takes about between 12 to 18 months to trademark an image with the U.S. Patent and Trademark Office (USPTO).

IV. TRADEMARKING PICTURES

Can You Register a Picture as a Trademark?

Yes, you can register picture as a trademark by applying to the U.S. Patent and Trademark Office (USPTO). The USPTO accepts applications for picture trademarks that represent brands.

The USPTO allows you to trademark a picture if it’s used in your branding. This can be a valuable asset for your business, helping to protect your brand identity.

Do You Need to Trademark a Picture?

Yes. If you are investing in a brand and using a picture to represent the brand, you should trademark the picture by registering it with the U.S. Patent and Trademark Office (USPTO).

Trademarks protect brands and the names, logos, and pictures that represent brands.

How to Trademark a Picture

Trademarking a picture that represents your company, product, or service is the best way to protect it – and your brand. Knowing how to secure an image trademark is important. Here’s how to trademark picture in six steps:

1. Develop a unique and distinctive picture (e.g., a logo, character, landscape, or likeness)

2. Search the USPTO trademark database for existing trademarks to confirm that no one has registered the picture

3. Collect the information required for a new application and decide on a trademarking strategy

4. Prepare and file your new application with the U.S. Patent and Trademark Office (USPTO)

5. Navigate the USPTO application review process

6. Use the correct trademark symbol. Read more about trademark symbols here.

Generally, you trademark a picture by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking with the USPTO is a legal process that usually takes about 12 months. So, the sooner you start trademarking your image the better.

How Long Does It Take to Trademark a Picture?

The process to trademark a picture with the U.S. Patent and Trademark Office (USPTO) takes between 12 to 18 months.

V. WORKING WITH THE USPTO

Where Do You Trademark an Image or Picture?

You trademark an image or picture by filing an application with the U.S. Patent and Trademark Office (USPTO). The USPTO accepts applications to trademark image trademarks online via its Trademark Electronic Application System (TEAS).

When Should You Trademark an Image or Picture?

Most experts agree that you should trademark your image or picture sooner rather than later. The process of trademarking an image or picture usually takes more than a year. So, the earlier you start, the sooner you’ll have confirmation that you legally own your image or picture and that it is protected. Plus, if you encounter any obstacles to registration, you will have more time to address them.

Also, you do not need to wait until you start using the image or picture as your trademark. It is possible to start trademarking an image or picture as soon as you decide to use it.

Stop Worrying About Your Trademark

Schedule a Free Strategy Call

See How My Law Firm Can Help You Protect Your Trademark

New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

Why Trademark an Image or Picture?

Trademarking an image or picture is the best way to protect it and make certain that it is exclusively yours for your brand. When you trademark an image or picture, you ensure that it:

• is available for your exclusive use, does not infringe anyone else’s trademarks, which saves you legal headaches

• stay unique and stands out in the marketplace over time, which keeps your brand recognizable and more trusted

• stays legally yours so that you never have to rebrand, so you can invest and promote your brand with confidence.

These benefits protect your profits. Read our quick guide to all of the reasons to register a trademark.

VI. REASONS TO TRADEMARK IMAGES AND PICTURES

The top five reasons to trademark an image are:

1. You will avoid future branding conflicts

2. No one else in your industry will be able to trademark it

3. It will be easier to stop imitators

4. It will increase trust and recognition in your brand

5. You will be able to use the ® symbol

Avoid future conflicts: Trademarking your image ensures that your image does not conflict with any existing trademark registrations. Trademarking involves research to make sure that no one else has trademarks that are the same or similar to your image. Plus, the USPTO only registers trademarks that do not conflict with existing registrations. So, the trademarking process confirms that your image: (1) does not infringe any existing registered trademarks and (2) is available for your exclusive use

Prevent trademarking by others: Trademarking your image will prevent any competitors from trademarking the same or similar name image for their products or services. As a general rule, only one person can own a trademark in an industry. So, by trademarking your image, you ensure that no one else can trademark it and take it from you. This makes trademarking great insurance against ever having to rebrand.

Stop imitators: Trademarks, including image trademarks, come with legal presumptions that make protecting your brand easier and less expensive.

Trust: Trademarking your image will increase its value and the value of the property it represents. Trademarks ensure authenticity, which increases trust in your brand.

Use the ® symbol: Trademarking your image gives you legal permission to use the ® trademark symbol with them. The ® symbol is “public notice” that your image trademark is protected under federal law. This enhances your brand credibility and warns competitors to stay clear of your marks, both of which promote trust in the authenticity of your brand.

Remember: Once you have registered your trademark, it will be officially yours and no one else can use it (or anything similar) without your permission.

VII. FREQUENTLY ASKED QUESTIONS

1. Do you copyright or trademark an image?

It depends. If the image is original artwork that you want to protect from use without your permission, then you should copyright it. If the image is closely associated with your brand, you should trademark it. Copyrights protect creative works while trademarks protect names and logos that represent brands.

Learn More: Our Easy Guide to Trademark vs. Copyright

So, if you are using an image to represent your brand, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.

2. Do you copyright or trademark a picture?

It depends. If the picture is original artwork that you want to protect from use without your permission, then you should copyright it. If the picture is closely associated with your brand, you should trademark it. Copyrights protect creative work while trademarks protect names and logos that represent brands.

So, if you are using a picture to represent your brand, you should seek a trademark registration to protect it. But, your picture may also qualify for copyright protection as well.

3. Can you trademark a person’s likeness or image?

Yes, if the likeness is being used to represent a brand then it is eligible for trademark protection. An example of a trademarked likeness is Kentucky Fried Chicken’s “Colonel Sanders”.

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Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Can You Trademark a Font? – An EASY GUIDE

July 20, 2022 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Attorney

This is our easy guide to trademarking a font and “can you trademark a font?”

Using fonts to distinguish your company, products, and services is an effective way to stand out from the crowd. But, can you trademark a font?

If you want to quickly:

Understand what a trademark is
Learn whether you can use a font in a trademark
Figure out if you can you trademark a font
Learn how to protect a font
Understand when trademark law protects fonts

Then this guide is for you.

Let’s jump in!

What is a Trademark?

Trademarks are a type of intellectual property protection used to safeguard brands. The most popular trademarks are words, phrases/slogans, and logos. The sole purpose of trademarks and trademark law is to prevent consumer confusion.

What is a Font?

In contrast to trademarks, fonts are practical ways to convey information. Also, because there are many thousands of fonts, it is unlikely that consumers would consider any one font so distinctive as to associate it with a brand. Thus, a font by itself cannot be trademarked.

Can You Use a Font in a Trademark?

Yes, you can use a font in a trademark. Using a font in a trademark is a great way to enhance the distinctiveness of a trademark, make it stand out, and prevent anyone else from using a similar font without your permission. Plus, your trademark font can convey your brand values and personality. Including a font in a trademark is permitted. If you want to set your business apart from the competition, using an original font in your trademark can be a great way to do it.

Pro Tip: Use an original font for even more distinction.

Can I Use Any Font for My Business Logo?

Yes, you can use any font. Most fonts are in the public domain or come with a free license.

When selecting a font for a logo, it’s important to choose one that is easy to read, and that will be legible when scaled down or printed in a smaller size. A well-chosen font can also help create a more recognizable and memorable brand.

Some popular fonts for logos include Helvetica, Arial, and Times New Roman. When selecting a font, it’s important to consider how easy it is to read in different sizes and media. For example, a thin or delicate font may be difficult to read when printed on a business card or sign.

When it comes to branding, a well-chosen font can be a powerful tool. By carefully considering a font’s readability, tone, and scalability, you can create a distinctive and memorable logo.

Pro Tip: If you are using a custom font for your trademark, make sure that you have a license for commercial use.

Can You Trademark a Font?

No, you cannot trademark a font. A font by itself does not qualify for trademark protection because it is functional. A font by itself does not brand a product or service and does not prevent consumer confusion.

Do you need help with your trademark?

How Do You Protect a Font?

You protect a font by using it in a name, logo, or slogan. When you use a font in a word, logo, or slogan, it becomes a trademark font that is eligible for trademarking. The use of a font can be trademarked in several ways, even though a font by itself is not suitable for trademark protection. Many brands commonly use a distinctive trademark font in their trademark logos or other branding materials.

This begs the question – if a font is not trademarkable, how do these companies protect their trademark fonts from copying or imitation?

How Can the Use of a Font be Trademarked?

A font can be trademarked when it is used in a trademark. When a font is part of a name, logo, or slogan used to brand products and services, it can be a trademark font.

NAME

LOGO

SLOGAN

So, a font can be protected by trademark law when used to brand products or services. This means a font is eligible for trademark protection when used to brand a product or service. This means that the font, as part of a name, logo, or slogan, must signal to customers that a particular product or service comes from you.

If a font is not used to brand a product, then it cannot be trademarked and will not receive any protection from trademark law. This is why most fonts are not trademarked – they are simply not used in a way that would make them eligible for trademark protection.

How to Trademark a Font

These are the top four ways to use a font and make it eligible for trademark protection.

1. Trademark the Name of the Font. The name of a font can be trademarked. For example, the name PALATINO is a registered trademark owned by Monotype Imaging Inc for:

Fonts of typographical characters; printing fonts, namely, typefaces, type fonts and type designs of alphanumeric characters and/or typographical symbols

U.S. Trademark Reg. No. 5295873

2. Use the Font in a Trademarked Name or Logo. The name of a product or service written in a distinctive font can be trademarked. For example, the Coca-Cola Company uses a distinctive script on its cola bottles.

3. Trademark the name of the service that create fonts for others. If you design fonts for others (e.g., as a graphic designer), the service of creating fonts can be trademarked.

4. Trademark the name of software for creating fonts. If you sell a software product that can be used to create fonts, that software product can be trademarks.

Do you need help with your trademark?

Examples of Famous Trademarks That Use Fonts

COCA-COLA (in a trademark stylized font) is a famous registered trademark that includes an original font. The Coca-Cola script logo is one of the most iconic logos in the world. The logo has been around since 1886 and has barely changed since then. The simple, elegant design perfectly represents the company’s values. The timelessness of the logo is a testament to its quality.

The Coca-Cola Company has trademarked its COCA-COLA name in this stylized font. This trademark font prevents competitors from using the same or similar typeface for beverages.

BARBIE (in a stylized trademark font) is a famous registered trademark that includes an original font. The Barbie script logo is one of the most iconic logos in the world. It was created in 1959 by Ruth Handler, who named it after her daughter Barbara. The logo is simple but elegant and has remained unchanged for over 50 years.

The Mattel Toy Company has trademarked its BARBIE name in this stylized font, which prevents competitors from using the same or similar typeface for toys.

DISNEY (in a stylized trademark font) is a famous registered trademark that includes an original font. The Disney script logo is one of the world’s most iconic and well-known logos with a simple, elegant design has been used for decades. The logo was created in 1932 by Walt Disney himself and has remained essentially unchanged.

The Disney Company has trademarked its DISNEY name in this distinctive stylized font. This trademark font prevents competitors from using the same or similar typeface for a wide variety of products and services, from toys to theme parks to movies.

TIME (in a stylized trademark font) is a famous registered trademark that includes an original font and distinctive red color. It has a simple, elegant design that has been used for over 90 years. The word “TIME” is written in a very stylized font designed specifically for the magazine.

Time Inc. has trademarked its Time name in this distinctive stylized font to prevent competitors from using the same or similar typeface for electronic and print publications.

Ready to take the next step toward LEGALLY owning your font?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your font, we invite you to book a FREE brand protection strategy session with us here.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Trademark a Character – An EASY GUIDE

July 18, 2022 by Michael Kondoudis

Characters can be trademarks – IF you know how to use them!

By Michael Kondoudis, Small Business Trademark Attorney

This is our EASY guide to how to trademark a character.

Fictional characters can be valuable brand assets because they can communicate a brand so quickly and effectively.

Businesses are increasingly using characters as their trademark or company logo. They want to know “can a fictional character be a trademark?” and “how to trademark a character?” In fact, these are some of the most common questions we get.

If you need to answer these questions quickly, this guide is for you. In this EASY guide, we explain:

What a trademark is and what they protect
Whether a character can be a trademark
Whether you should trademark a character
The benefits of trademarking a character
How to trademark a character
When a character qualifies for trademark
Should you work with a trademark attorney

Let’s get started!

What is a Trademark and What Do They Do?

A trademark is a marketing tool that identifies and distinguishes the products or services from a business or enterprise from those of the competition. The most common types of trademarks are names, logos, and slogans. Buyers use trademarks to pick among brands of products.

For something to be considered a trademark, including a character, it must be used to brand products or services. Otherwise, a fictional character isn’t being used as a trademark in a legal sense.

A trademark can be registered with the U.S. Patent and Trademark Office to secure enhanced protections, including exclusive nationwide rights. There are many benefits to federal trademark registration.

Can a Character be a Trademark?

Yes, the name and likeness of a character can be a trademark! Trademarking a character is the best way to protect it for your brand. When you trademark a character, you reserve it for your exclusive use. The U.S. Patent and Trademark Office (USPTO) accepts applications to trademark a character as a character trademark.

Can You Trademark a Character?

Yes, you can trademark the name and likeness of a fictional character if you it as a trademark to your brand your products or services. This use can result from selling products with the character’s image or using the character in your advertising. So, you can apply for a character trademark when that character serves as your company’s logo or brand name.

A well-known example of a character trademark is Mickey Mouse. The Walt Disney Company has a trademark registration for Mickey Mouse for use in a wide range of products and services, including toys, arcade games, computer programs and software, frozen foods, and cosmetics. Other fictional character trademarks include James Bond, Godzilla, The Pillsbury Doughboy, and The Cat in the Hat.

Not every character qualifies for trademark protection, however. For a character to be trademarked, the character cannot be too similar to other existing trademarked characters and must be used to brand products or services. Once a character meets these requirements, the owner can file for trademark protection.

Where Do You Get a Character Trademark?

You get a character trademark from the U.S. Patent and Trademark Office (USPTO). You must apply to the USPTO and navigate an examination process to get a trademark registration for your character. The USPTO grants character trademarks.

Do you need help with your trademark?

Should You Trademark a Character?

Yes. If you’re a small business and you’ve created a fictional character to represent your company, you should register that character as a character trademark. Characters are very effective trademarks, and trademarking your character is the best way to protect it in business.

What Are the Benefits of Trademarking a Character?

Character trademarks can be effective tools to communicate a brand. That makes them valuable and worthy of protection. There are many benefits to trademarking a character.

Firstly, when you trademark a character, no one else in your industry can register it, take it from you, and force you to change characters,

Only one business can own a character trademark in an industry, and it is typically the one that trademarks it first.

Secondly, trademarking a character comes with the exclusive right to use it. Here again, usually, only one business can use a character trademark in an industry, and it is typically the one that trademarks it first.

Thirdly, trademarking a character ensures that your character remains distinctive and identifiable by your customers.

Fourthly, trademarking a character permits you to use the ® symbol. This can deter would-be copycats from trying to imitate your character trademark.

Fifthly, trademarking a character comes with important legal presumptions and rights that make enforcing your ownership rights less expensive.

When you register a trademark for a fictional character, you are securing exclusive rights to use that character in connection with your products or services. This means that other businesses in your industry will not be able to register the same character and will not be able to use it without your permission.

For these reasons, trademarking a character can provide valuable legal protection and peace of mind.

The Top Six Reasons for Trademarking a Character

1. Exclusivity. Trademarking your character gives you the exclusive right to use it. Typically, only one business can use a character in an industry, and it is usually the one that trademarks the acronym first.

2. Legal Ownership. When you trademark a character, no one in your industry can register it and take it from you. Here again, typically, only one business can own a character in an industry, and it is usually the one that trademarks the character first.

3. Distinctiveness. A trademark for the character helps distinguish your products and services, meaning buyer loyalty for your high-quality product flows to you.

4. Cost-Savings over time. Trademarking your character comes with critical legal rights and presumptions that make enforcing your ownership rights less expensive if someone else tries to use your character without permission.

5. Deterrence. When you trademark your character, you can use the ® symbol with it. This can deter competitors from trying to imitate your character trademark.

6. Value. Having a registered trademark for your character can also make it easier to sell or license it because potential buyers or licensees will know that they can use the character without the risk of infringing on someone else’s rights.

Read our quick guide to all of the reasons to register a trademark.

Trademarking a Character

Trademarking a character is possible when it is used to identify the source of goods or services. For example, the “DONALD DUCK” name and image are both trademarks owned by the Disney corporation. Trademarking a character name and image will prevent competitors from using them to advertise or sell competing products or services.

Trademarking a character is no different than trademarking a name or logo. The character name or image must meet the same requirements as any other trademark; they are not automatically granted trademark protection. An essential requirement is that the character is distinctive. Also, the character must be used in commerce to be a trademark.

How to Trademark a Character

The process of trademarking a character is legal, and specific requirements must be met to trademark a character. The first step is determining whether the character is distinctive enough to qualify for trademark protection. The next step is to file a trademark application with the U.S. Patent and Trademark Office (USPTO). The application must include a description of the character and a list of the products and/or services with which it will be used. Once the application is filed, it will be reviewed by an examiner to ensure it meets all the legal requirements for trademark registration. If the application is approved, the character will be registered as a trademark and protected under federal law. This is an overview of how to trademark a character.

Do you need help with your trademark?

When Does a Character Qualify as a Trademark?

A character qualifies for trademark protection when two requirements are met.

Firstly, to trademark a character, you must use your character to identify your business, products, or services. If you show that your character is used as a brand, you’ll have a strong case for trademark protection.

Secondly, to trademark a character, the character must be “distinctive.” This means that your character should be unique and not too similar to another trademarked character. If you show that your character meets these criteria, you’ll have a strong case for trademark protection.

Note: The best way to ensure that your character is “distinctive” is to conduct a trademark search. The U.S. Patent and Trademark Office recommends that you consult with a trademark attorney because trademark similarity can be a complex analysis (see below).

Should You Work with A Trademark Attorney to Trademark a Character?

Yes! Working with an experienced trademark attorney often makes the difference between success and failure when it comes to trademark registration, especially when applying to trademark a character.

Studies of USPTO data show that applicants who work with a trademark attorney are 50% more likely to register their character trademarks. That makes hiring a trademark attorney an excellent investment, regardless of whether it is your first time going through the registration process to trademark a character.

Here are the reasons why this one decision makes such a difference

Trademark attorneys are skilled in navigating the trademarking process, a federal legal proceeding involving an agency of the Federal government. Trademarking a character is a complex process and requires a working knowledge of federal trademark law and the rules and regulations of the U.S. Patent and Trademark Office. Trademark lawyers understand the process, the pitfalls, and strategies to help register your character.

In fact, the U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:

“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”

www.uspto.gov

There are several reasons why the U.S. Patent and Trademark Office (USPTO) recommends hiring a private attorney. First, an attorney is familiar with the USPTO’s procedures and can ensure that the application is filed correctly. Second, an attorney can help search for existing trademarks to avoid potential conflicts. Third, an attorney can represent you in proceedings before the USPTO if there are any objections to the application.

Character Trademark Guidelines

1. Characters can qualify for trademark protection when they are used as a trademark.

2. To be registered as a trademark, a character must be used in commerce to indicate the source of goods or services.

3. A fictional character can be used as a trademark in many ways, such as using the character as a logo for a business or retail items.

4. Your fictional character can’t be too similar to another character already registered as a trademark.

5. The registration process can be long and expensive, so it’s essential to make sure that your character meets all the requirements before you begin.

How to Protect Your Original Fictional Character

Protect can your character trademark by:

1. Copyrighting the novel, story, play, movie, or book in which the fictional character appears. Copyrighting the underlying work will help you legally protect it from copying.

2. Trademarking the name or likeness of the fictional character. Trademarking the character will help you legally protect it from imitation by the competition.

3. Copyright the likeness or visualization (graphic representation) of the fictional character. Copyrighting the visual look of the character will help you legally stop others from unauthorized non-commercial uses.

Do you need help with your trademark?

FREQUENTLY ASKED QUESTIONS

1. Can you trademark a character name?

Yes, the name and likeness of a character can be a trademark! You can trademark a fictional character if you use their name as a trademark to your brand your products or services. Trademarking a character name is the best way to protect it for your brand. When you trademark a character, you reserve it for your exclusive use and prevent anyone else from trademarking the name for their business. The U.S. Patent and Trademark Office (USPTO) accepts applications to trademark a character as a character trademark.

2. Do you copyright or trademark a character?

You trademark fictional characters, including names and likenesses of fictional characters. Also, you can register trademarks for fictional characters with the U.S. Patent and Trademark Office (USPTO). When you register a fictional character as a trademark with the USPTO, you get the exclusive right to use the character’s name and image in connection with goods and services. This prevents anyone else from using the copyrighted character’s name or image without your permission. It also prevents competitors from trademarking the name and likeness for their products.

3. Trademark a character name?

The name of a character can be protected by a trademark if you use it as a brand to identify your products or services. A character’s name and likeness both qualify for trademark protection and the U.S. Patent and Trademark Office (USPTO) accepts applications to register character name trademarks.

4. How do you protect a character’s name?

You protect a character’s name by trademarking it. To get a trademark for a character name, you must use the name to brand your products or services. For example, Disney owns a trademark for the name “Donald Duck.”

Ready to take the next step toward trademarking your character?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your character, we invite you to book a FREE brand protection strategy session with us here.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Should I Get a Trademark or LLC First? – A COMPLETE Guide

July 13, 2022 by Michael Kondoudis

An LLC is a type of business structure that protects personal assets, while trademarks protect brand identify, reputation, and customer loyalty.

By Michael Kondoudis, Logo Trademark Specialist

This is our COMPLETE guide to whether you should apply for a trademark before or after forming an LLC.

Make no mistake, one should definitely come before the other. This guide explains the ins and outs of LLCs and trademarks and which one you should do first.

If you need to know whether to get a trademark or LLC first, then read on. This guide is for you!

Let’s get started!

CONTENTS

Part I: The basics of trademarks

Part II: The basics of LLCs

Part III: The differences between trademarks and LLCs

Part IV: Why a business needs both trademarks and an LLC

Part V: Which one to get first and why

Part VI: Frequently asked questions

I. THE BASICS OF TRADEMARKS

What is a Trademark, and What Does It Do for My Business?

A trademark is a sign that distinguishes the goods or services of one company from those of another. A trademark can be a word, phrase, logo, image, or combination. Trademarks protect brands and businesses’ investment in their brands.

The best kind of trademark is a federal trademark, which is a trademark on steroids. The U.S. Patent and Trademark Office registers federal trademarks. For a trademark to be registered, it must be distinctive and not likely to be confused with another trademark.

Read our guide to all of the reasons to register your trademark.

II. THE BASICS OF LLCS

What is an LLC, and What Does It Do for My Business?

A Limited Liability Company (LLC) is a business structure that offers personal liability protection and flexible taxation to its owners. LLCs are popular among small business owners because they provide some benefits of a corporation and a partnership.

An LLC offers its owners limited liability protection, meaning that they are not personally liable for the debts and liabilities of the LLC. This means that if the LLC is sued, the owner is not personally liable for the debts and liabilities of the LLC (i.e., the owners’ personal assets are not at risk). Instead, only the LLC’s assets can be seized to satisfy a judgment. This asset protection is one of the main reasons people choose to form an LLC.

Stop Worrying About Your Trademark

Schedule a Free Strategy Call

Another advantage of an LLC is its flexibility in how the business is taxed. An LLC can choose to be taxed as a sole proprietorship, partnership, or corporation. This allows business owners to tailor their tax situation to their specific needs.

Overall, an LLC provides its owners with personal liability protection and flexibility in how the business is taxed. These benefits make it a popular choice for small businesses and entrepreneurs.

III. TRADEMARKS VS LLCS

Is an LLC a Trademark?

No, an LLC is not a trademark. LLCs and trademarks are very different. An LLC is a type of business formation that protects personal assets, while a trademark is a type of intellectual property that protect brands. A trademark that protects brands is not the same as an LLC that protects personal assets from financial liability.

Is an LLC and Trademark the Same?

No, LLC and trademark are not the same. An LLC is a type of business formation, while a trademark is a type of intellectual property. LLCs protect personal assets from financial liability while trademarks protect the brand name and logo of a company. An LLC is not the same as a trademark.

Is a Trademark and LLC the Same?

No, a trademark and LLC are not the same. An LLC is a type of business formation, while a trademark is a type of intellectual property. LLCs protect personal assets from financial liability while trademarks protect the brand name and logo of a company. A trademark is not the same as an LLC.

Can an LLC Own a Trademark?

Yes, an LLC can own a trademark and many trademarks are owned and registered by LLCs.

Trademark vs LLC

LLCs and trademarks are important business tools. They function differently, offer different protections, and serve different purposes.

Trademarks distinguish and protect brands. Trademarks are granted at the national level by the U.S. Patent and Trademark Office (USPTO) and give the owner the exclusive right to use their trademark throughout the United States. LLCs are a way to structure a business. LLCs are granted at the state level and separate personal assets from business assets to protect them from business debts and liabilities.

The main difference between a trademark and an LLC is that a trademark prevents competitors from using your name or logo whereas an LLC shields your personal assets from lawsuits and bankruptcies. So, an LLC protects you financially, while a trademark distinguishes your product or service.

So, you need a trademark if you want to protect your brand from copycats or imitators, while you need an LLC if you want to shield your personal property and assets.

In the end, it is not a question of whether you should get a trademark or llc, but rather which one should come before the other. LLCs and trademarks work together to protect a business. So, for complete protection, you need both.

Trademark vs LLC – The Top Five Differences

Trademark vs LLC Difference #1: Type of Protection

A trademark protects names, logos, and slogans from imitation, while an LLC protects the personal assets of business owners.

Trademark vs LLC Difference #2: Scope of Protection

A trademark offers national protection, while an LLC offers protection in a single state.

Trademark vs LLC Difference #3: Federal vs. State

A trademark is granted by the U.S. Patent and Trademark Office (USPTO), while an LLC is granted by your state’s Secretary of State.

Trademark vs LLC Difference #4: Cost

A trademark can cost over $1000 to register, while an LLC usually costs less than a few hundred dollars

Trademark vs LLC Difference #5: Time to Register

A trademark can take over a year to get from the USPTO, while an LLC typically takes just a few days to register.

These are the five top differences between LLC vs trademark

Infographic

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LLC vs Trademark

What is the difference between an LLC and a trademark? The answer is what they protect and how they protect it. An LLC protects your finances by shielding your personal assets, while a trademark distinguishes your product or service from others in the market.

A trademark is a type of intellectual property that protects a brand or logo from being used by other businesses. The most popular types of trademarks are words, phrases, symbols, and designs.

A trademark does not protect a business owner’s personal assets from liability in the event of a lawsuit or bankruptcy.

After your trademark is registered with the U.S. Patent and Trademark Office (USPTO), you will have official ownership and the legal right to use it nationally.

An LLC, or limited liability company, is a type of business entity that offers its owners limited liability protection from claims and debts arising from the business.

An LLC does not protect the distinctive names, logos, and slogans used to project a company’s brand.

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. But, registering your name with the state has no impact on what happens in the other 49 states.

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LLC vs Trademark – The Top Five Differences

The top five differences between LLC vs trademark are:

1. What they protect

2. Where they offer protection

3. How to get them

4. What they cost

5. How long they take to get

Legal Protections: Trademarks protect brands, while LLCs are legal business entities that protect owners’ personal assets from lawsuits and bankruptcies.

Where they offer protection: Trademarks are governed by the Federal Trademark Statute, and federal trademark protections extend nationwide. LLCs are governed by the laws of the state in which they are formed and are protected only within the state in which they are created.

How to get them: Trademarks are issued nationally by the U.S. Patent and Trademark Office (USPTO). LLCs are issued at the state level by the states’ secretaries of state.

Costs: The cost to get a trademark is set by USPTO, which charges the same filing fees regardless of location. In contrast, each state determines its own LLC filing fees.

Time: The time it takes to set up an LLC varies by state, but it’s typically less than a week. A federal trademark, on the other hand, often takes more than a year to get approved.

Additional differences between trademarks and LLCs include:

• Trademarks can be registered with the USPTO, while LLCs cannot.

• Trademarks protect brands and logos, while LLCs protect business structures.

• Trademarks can be bought and sold, while LLCs cannot.

• Trademarks can stop others from using your brand or logo, while LLCs cannot.

• Trademarks are protected by either federal or state law, while LLCs are governed by state law

• Trademarks can be used to identify both goods and services, while LLCs can only be used to identify businesses

Generally, an LLC protects your assets, while a trademark protects your brand.

IV. WHY YOU NEED BOTH TRADEMARKS AND LLCS

Do You Need Both an LLC and a Trademark for Your Business?

Yes, you need both an LLC and a trademark.

Trademarks and LLCs complement each other and work together. They are both essential for business owners who want to safeguard their interests and ensure long-term success – having one without the other results in incomplete protection and unnecessary risk.

When you start a business, it’s essential to protect your brand. An LLC alone won’t protect your brand name or logo. For that, you’ll need to register a trademark.

Conversely, it is also essential to protect your personal assets. A trademark alone can’t protect your assets from legal liability. For that, you’ll need an LLC.

An LLC will help to protect your personal assets if your business is sued, while a trademark will prevent others from using your brand identity without permission. By ensuring that you have both types of protection in place, you can help to safeguard your business against legal challenges and competitors.

V. TRADEMARK OR LLC FIRST?

Should I Get a Trademark or LLC First?

LLC first and then trademark your brand.

You should get an LLC first. Most authorities recommend getting an LLC before a trademark. There are several reasons for this recommendation. The main reason it is better to form your LLC before filing a trademark application is simple–your LLC will use and legally own the trademark.

These are the top reasons you should form an LLC before applying for a trademark.

1. The LLC will own the trademark.

Every trademark has an owner, which can be a person or an LLC (or other business entity). The ownership of a trademark is determined by who uses the mark. If you plan on forming an LLC to operate your business using that trademark, the LLC must exist before filing the application.

2. The LLC should file the trademark application.

Only the legal owner of a trademark can apply for a federal trademark (i.e., trademark registration). So, if you plan on forming an LLC and operating under the LLC, then the LLC would be the legal trademark owner and the only entity that can submit the trademark application to the U.S. Patent and Trademark Office (USPTO).

3. An LLC can help establish that the trademark is in use.

A trademark needs to be used in commerce. This means that it needs to be used in connection with the sale of goods or services. Simply having a trademark isn’t enough – you need to use it in commerce. Forming an LLC before applying for a trademark can help to prove that the trademark is being used in commerce.

4. There will be no asset protection until an LLC is formed.

A trademark does not provide any personal liability protection. If someone infringes on your trademark, you can sue them for damages, but you cannot sue them for any damages to your business.

In the end, the answers to the questions “should I get a trademark or LLC first?” or “should I form an LLC or trademark first?” is the same – form the LLC first and then apply for a trademark.

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Top Reasons Why an LLC Should Come Before a Trademark

1. The LLC will own the trademark.

2. The trademark application should need to be filed by the LLC.

3. An LLC can help establish that the trademark is in use.

4. There will be no asset protection until an LLC is formed.

VI. FREQUENTLY ASKED QUESTIONS

1. Should a Trademark be Filed By an Individual or an LLC?

Both options have benefits and drawbacks, so it ultimately depends on the trademark owner’s specific situation.

If the trademark is for a product or service that an LLC will sell, then the trademark will be owned by the LLC, and the LLC will need to apply for trademark registration.

If the trademark is for a smaller personal brand that a sole proprietor or DBA will sell, then the individual will own the trademark, and the trademark application should be filed under the individual’s name.

Ultimately, if you have an LLC for your business, the trademark should be filed by the LLC.

2. Should my LLC own my trademark?

Yes, if have an LLC for your business, then your LLC owns the trademarks used by your business. The trademark owner is typically the one who uses the trademark. This means that you will need to list your LLC as the owner of the trademark if you apply to protect it with the U.S. Patent and Trademark Office.

3. Should you trademark your business name before forming an LLC?

No, you should form an LLC BEFORE trademarking your business name because the trademark application must list the LLC as the trademark owner. So, your LLC must exist before you file your trademark application. Before you file for trademark protection of your business name, you should set up your business as a limited liability company (LLC).

4. Should you get an LLC first or trademark?

Yes, you should get an LLC first before a trademark because the trademark application will need to identify the LLC as the trademark owner. You should create an LLC or business entity before you file a trademark application.

5. Does an LLC protect trademarks?

No, an LLC does not protect trademarks or brands. An LLC legally protects assets from lawsuits, debts, and bankruptcy – an LLC cannot protect trademarks.

6. Is It Better to Trademark or LLC?

No, it is not better. Trademarks and LLCs work together and a business needs both for complete legal protection. An LLC will help to protect your personal assets if your business is sued, while a trademark will prevent others from using your brand identity without permission. Having both an LLC and a trademark can help to safeguard your business against legal challenges and competitors. An LLC legally protects personal assets from lawsuits, debts, and bankruptcies. Trademarks protect brands.

7. Is It Better to LLC or Trademark?

No, it is important to get BOTH an LLC and a trademark and it is best to form the LLC BEFORE applying for a trademark. Each offers different protections, and they work together to provide broad protection for your business. It is better to form an LLC before filing a trademark application. So, before you submit a trademark application, you should create an LLC or other business entity.

A business should form an LLC before applying for a trademark because the LLC will own the trademark. By ensuring that you have both types of protection in place, you can help to safeguard your business against legal challenges and competitors.

8. What Comes First LLC or Trademark?

LLC comes first. If you plan to structure your business as an LLC , then you should form the LLC first because the LLC will be the trademark owner. So, the LLC MUST exist before the trademark is filed.

Every trademark has an owner, and the owner is usually the person or business that is using it. LLC comes first when you want to use the trademark for your business, and you’re going to form an LLC because the LLC will be the owner of the trademark.

9. Is an LLC Better Than a Trademark?

No, an LLC is not better than a trademark. LLCs and trademarks are separate business tools that do very different things.

Trademarks distinguish and protect brands and give the owner the exclusive right to use their trademark throughout the United States. LLCs are a way to structure a business and separate personal assets from business assets to protect them from business debts and liabilities.

10. Is a Trademark Better Than an LLC?

No, a trademark is not better than an LLC. Trademarks and LLCs are separate business tools that do very different things.

11. Does LLC Protect the Name?

An LLC does not protect a name. LLCs do not protect business names or brand names. This means that someone could use your brand name and you would not be able to do anything about it with just an LLC. An LLC is just a way to structure a business for legal and tax purposes. You need a trademark to protect a name and stop anyone else from using it.

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Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Can You Trademark An Acronym? – A COMPLETE GUIDE

July 13, 2022 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Lawyer

This is our COMPLETE Guide to trademarking an acronym.

In this guide, we discuss:

Whether you can trademark an acronym
Examples of trademarked acronyms
Why should trademark an acronym
The top reasons to trademark an acronym
When does an acronym qualify for a trademark?
How to trademark an acronym
Do you need to work with a trademark lawyer?

Plus, we discuss three tips for choosing a protectable acronym that you can trademark.

Let’s get started

The Basics of Trademarks and Acronyms

Trademarks are the foundation of every successful brand. Trademark law protects them and the brands behind them. That’s why trademarks matter.

What is a trademark?

A trademark is a brand identifier. More specifically, a trademark is an “identification” used by a business to distinguish its products and services from the competition. Customers use trademarks to find the brands that they like. Logos, words, and names are the most popular types of trademarks.

What is an acronym?

An acronym is an abbreviation formed from the first letters of other words and pronounced as a word. Two examples are NASA (National Aeronautics and Space Administration) and ASAP (as soon as possible).

Can You Trademark an Acronym?

Yes, you can trademark an acronym. Acronyms can be registered as trademarks when they are used as the brand for your business, products, or services. An acronym that is used as a trademark is eligible for trademark protection. Acronyms can definitely be eligible for trademarking.

Trademarking an acronym is the best way to protect it so that it is exclusively yours for your brand.

When you hear the word trademark, you probably think of a company’s name or logo. Those are just two examples of trademarks, however. Trademark law can protect abbreviations and acronyms. Many of today’s most famous and valuable trademarked brands are acronyms

You can trademark an acronym used to brand your business, company, or organization. You can also trademark an acronym used to brand your products or services. And, if your acronym is in your logo, you can trademark that logo acronym as well.

So, if you are wondering, “can you trademark an acronym?” the answer is definitely yes!

Examples of Registered Acronyms

Many of today’s most famous and valuable registered trademarks are acronyms. Eight great examples of registered acronyms are CNN, DKNY, HBO, KFC, NASA, NBC, NCAA, and UPS:

These are just a few examples of acronyms that have been trademarked.

Trademarking an Acronym

Trademarking an acronym is possible when it is used to identify the source of goods or services. For example, 3M is a registered trademark for many consumer, office, and automotive products. Trademarking an acronym will prevent any competitors from using it to advertise or sell competing products or services.

Trademarking an acronym is no different than trademarking a name or logo. The acronym must meet the same requirements as any other trademark; they are not automatically granted trademark protection. An essential requirement is that the acronym is distinctive and does not just describe a product or service. Also, the acronym must be used in commerce to be a trademark.

Why Should You Trademark an Acronym?

Acronyms are short, memorable, and efficient ways to represent ideas and are visual shorthand for names and brand identities. That makes acronyms powerful branding tools. Just look at some of the most successful brands in the world, and you’ll see that many rely on acronyms to help identify them.

Powerful branding tools like acronyms are valuable. Trademarking an acronym is the best way to legally protect that value.

How? Consider the National Aeronautics and Space Administration’s trademarked acronym “NASA.” That trademark means that other companies cannot use the NASA acronym in connection with their competing products or services.

Many businesses choose to trademark their acronyms to protect their brand identity. Registering a trademark for your acronym is a smart way to protect your brand.

Top Six Reasons to Trademark an Acronym

Trademarking is a powerful tool to stop unauthorized use or imitation of your acronym by copycats. Here are the top six reasons why:

Exclusivity. Trademarking your acronym gives you the exclusive right to use it. Typically, only one business can use an acronym in an industry, and it is usually the one that trademarks the acronym first.
Legal Ownership. When you trademark an acronym, no one in your industry can register it and take it from you. Here again, typically, only one business can own an acronym in an industry, and it is usually the one that trademarks the acronym first.
Distinctiveness. A trademark for the acronym helps distinguish your products and services, meaning buyer loyalty for your high-quality product flows to you.
Cost-savings over time. Trademarking your acronym comes with critical legal rights and presumptions that make enforcing your ownership rights less expensive if someone else tries to use your acronym without permission.
Deterrence. When you trademark your acronym, you can use the ® symbol with it. This can deter competitors from trying to imitate your acronym trademark.
Value. Having a registered trademark for your acronym can also make it easier to sell or license it because potential buyers or licensees will know that they can use the acronym without the risk of infringing on someone else’s rights.

Read our quick guide to all of the reasons to register a trademark.

When Does an Acronym Qualify as a Trademark?

An acronym qualifies for trademark protection when two requirements are met.

Firstly, to trademark an acronym, you must use your acronym to identify your business or as a brand name for your products or services. If you show that your acronym is used as a brand, you’ll have a strong case for trademark protection.

Secondly, to trademark an acronym, the acronym must be “distinctive.” This means that your acronym should not be descriptive of your products or services. Also, your acronym cannot be commonly used in your industry or too similar to another trademarked acronym. If you show that your acronym meets these criteria, you’ll have a strong case for trademark protection.

Note: The best way to ensure that your acronym is “distinctive” is to conduct a trademark search. The U.S. Patent and Trademark Office recommends that you consult with a trademark attorney because trademark similarity can be a complex analysis (see below).

Do you need help with your trademark?

How to Trademark an Acronym

To trademark an acronym, you first need to file a trademark application with the U.S. Patent and Trademark Office (USPTO). Next, you will need to navigate the application examination process. If you are successful, the USPTO will register your acronym, and you will have exclusive rights to use the acronym in connection with your business.

The process of trademark registration can be complex, so the USPTO recommends that you work with a trademark attorney to ensure your rights are fully protected.

The Seven Steps to Trademark an Acronym

Choose a Unique and Protectable Acronym for Your Business, Products, or Services
Hire a Trademark Attorney for Your Trademark Application
Perform a Trademark Search for Acronym
Collect the Required Information and Develop Your Application Strategy
Prepare and File a Trademark Application with the USPTO
Navigate the Trademark Examination Process
Use the ® Trademark Symbol with Your Registered Acronym Trademark

The Process of Trademarking an Acronym

The process of trademarking an acronym is fairly straightforward, but it is important to understand the legal requirements before moving forward. First, it is important to make sure that no other competitor is already using the acronym. If the trademark is available, the next step is to file a trademark application with the USPTO. The application must include a description of the goods or services branded by the acronym. Once the application is filed, it will be reviewed by a trademark examiner.

Top Three Tips for Choosing a Protectable Acronym

One of the most effective ways to build a brand is to use an acronym. An acronym is a word formed from the first letters of a series of words and can be a potent tool for branding. A well-chosen acronym can help a brand to stand out, be remembered, and be associated with positive values. But not all acronyms are equal.

Remember these three key things when choosing an acronym for your brand.

Your acronym should be short and easy to remember.
Your acronym should be somehow related to your brand or what you do.
Your acronym should be available for trademarking (so have a professional search performed).

Do You Need to Work With an Attorney to Trademark Your Acronym?

Working with an experienced trademark attorney often makes the difference between trademarking success and failure. Studies of USPTO data show that applicants who work with a trademark attorney are 50% more likely to register their acronyms.

If that is not reason enough, consider that The U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:

“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”

www.uspto.gov

There are several reasons why the U.S. Patent and Trademark Office (USPTO) recommends hiring a private attorney. First, an attorney is familiar with the USPTO’s procedures and can ensure that the application is filed correctly. Second, an attorney can help search for existing trademarks to avoid potential conflicts. Third, an attorney can perform a search and better determine whether an acronym is distinctive.

Ready to Trademark Your Acronym?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in legally owning your acronym, we invite you to book a FREE brand protection strategy session with us here.

Our Process for Securing a Trademark

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Do You Have to Put LLC in Your Logo? – The Definitive Legal and Branding Guide

July 6, 2022 by Michael Kondoudis

No state or federal law requires a business to include legal suffix identifiers such as “LLC,” “Inc.,” or “Corp.” in a corporate logo, website header branding, or public marketing materials. Legal entity designators exist strictly to identify a business framework on official government filings, tax documents, and regulatory records. Removing “LLC” from public customer-facing visual brand assets enhances consumer visual recall, protects structural agility, and maximizes long-term federal trademark protection strength.

Originally Published: July 6, 2022 | Last Updated: July 11, 2026

By Michael Kondoudis, USPTO-Registered Attorney With 25+ Years of Trademark Experience

Inventor of the YNAT® Trademarking System | 3,000+ Trademarks & Patents Secured | Amazon #1 Best-Selling Author on Trademarks | Member of the Bar of the U.S. Supreme Court | Trademarks Made Easy®

What is an LLC ? : Definition and Function

A Limited Liability Company (LLC) is a flexible, hybrid business entity structured under state law that combines the operational characteristics of a partnership with the liability protections of a corporation. Owners of an LLC are legally designated as members.

According to data from the United States Small Business Administration (SBA), there are more than 21.6 million active LLCs operating in the United States, representing approximately 73% of all active small and medium businesses.

What Are the Advantages of LLCs?

Personal Asset Protection: Legally shields the personal assets and personal wealth of members from corporate debts, business liabilities, and active lawsuits.

Flexible Management Structure: Permits a business entity to operate under either a member-managed or a manager-managed internal governance system.

Pass-Through Taxation: Allows company profits and losses to flow directly to individual member tax returns, successfully avoiding corporate-level double taxation.

Institutional Credibility: Establishes formal operational legitimacy with consumers, supply-chain vendors, corporate partners, and commercial lenders.

Can You Legally Omit “LLC” From Your Logo and Marketing Materials?

Yes, you can legally omit “LLC” from your logo. You do not have to put LLC in your logo or in any of your marketing materials. There is no legal or regulatory requirement to put “LLC” in your logo.

Including “LLC” in your logo provides zero additional liability protection or trademark defense for your trademark and brand. It does not provide any additional legal protection for your business.

Market-leading companies separate their legal entity designations, such as “LLC” or “Inc.,” from their logos for clarity and maximum customer recall. Examples of companies utilizing this separation strategy include:

Apple (Legal name: Apple Inc.)
Google (Legal name: Google LLC)
Starbucks (Legal name: Starbucks Corporation)

Document Requirements: Where to Include vs. Omit “LLC”

LLC Document Requirements

Document Type	Must Include "LLC" Suffix?	Purpose / Context
Articles of Organization	Yes	State regulatory compliance
Operating Agreement	Yes	Internal legal governance
EIN Application & Tax Filings	Yes	Federal tax administration
Contracts & Leases	Yes	Liability protection execution
Invoices and Receipts	Yes	Commercial financial records
Professional Licenses	Yes	Regulatory authority verification
Company Logo & Website Header	No	Core customer-facing identity
Business Cards & Social Profiles	No	Marketing and client outreach
Advertising & Product Packaging	No	Commercial brand presentation

How Including “LLC” in Your Logo Weakens Federal Trademark Protection

The United States Patent and Trademark Office (USPTO) considers corporate identifiers like “LLC” or “Inc.” as non-distinctive elements. Under The Trademark Manual of Examining Procedure (TMEP) §1213.03(d), these legal terms are routinely hit with disclaimer requirements during the application phase. Including these terms in a trademark application compromises defensive asset strength through three mechanisms:

Mandatory Disclaimer Requirements: Under Section 6 of the Lanham Act (15 U.S.C. § 1056), examining attorneys force applicants to formally disclaim exclusive rights to the text snippet “LLC”.

Diminished Distinctiveness: Retaining generic indicators reduces total graphical and textual strength, as supported by case precedents like In re The Paint Products Co. (8 USPQ2d 1863, TTAB 1988).

Application Processing Delays: Non-distinctive designators frequently trigger formal USPTO Office Actions, extending approval timelines.

Diluted Enforcement Capabilities: The legal standing required to stop marketplace competitors or litigate industry infringers becomes significantly more complex.

Branding, Financial, and Operational Risks of Suffix-Cluttered Logos

Rebranding Costs: Modifying a locked logo design across an entire product ecosystem, active packaging line, and website architecture requires an estimated $500 to $5,000+ financial investment for a small company.

USPTO Refiling Fees: Altering an existing registered trademark to remove a suffix requires filing a completely new application, priced at $250 to $350 per international class in government fees alone.

Structural Pitfalls: If an entity converts from an LLC to a C-Corporation to attract venture capital, any logo containing “LLC” becomes obsolete and legally inaccurate overnight, demanding immediate operational replacement.

Unprofessional Market Impression: Consumer data indicates that displaying “LLC” inside a primary logo can make a business appear small, inexperienced, or unestablished, occasionally turning potential clients away.

Cluttered Design Aesthetics: Forcing generic text into a graphic logo increases visual clutter, elevates customer cognitive load, and diminishes long-term brand recall.

How Do You Separate Your Legal LLC Name from Your Public Brand?

To protect personal assets while maintaining clean public branding, business owners use a structured two-part legal framework:

Step 1: Secure Your Legal Entity Name: Register the comprehensive compliance title (e.g., “Smith Ventures, LLC”) with state corporate authorities for explicit use on tax, financial, and legal filings.

Step 2: File a Doing Business As (DBA): Register an operational trade name or fictitious name (e.g., “Smith Ventures”) through the local county clerk or state corporation office [7]. This process costs a nominal fee of $10 to $100 and grants explicit legal authority to market and run the business under the suffix-free variation without breaching corporate liability shields.

The 5-Step Sequence to a Legally Protected Brand:

Check Availability: Execute trademark clearance searches on the USPTO Trademark Search System.
Incorporate State Entity: File structural Articles of Organization using the comprehensive legal name containing the entity suffix.
Register Local DBA: Obtain local fictitious name compliance certificates for the simplified, suffix-free brand variation.
Execute Federal Filing: File an application for federal trademark protection covering only the clean, suffix-free design mark.
Deploy Suffix-Free Materials: Launch commercial operations using clean, minimalist, suffix-free public marketing assets.

What Are The Best Reasons To Not Put LLC In Your Logo

These are the top reasons why you should not include LLC in your logo:

1. You will have to change your logo if you change from an LLC
2. It will increase the risk of confusion
3. It will make your logo harder to trademark
4. It will look unprofessional
5. It will reduce recognition
6. It will look cluttered

1. You will need to re-trademark your logo if you change your business structure from an LLC: If you ever decide to change the legal structure of your business, you would need to update your logo – which can be costly and time-consuming. Plus, if you have trademarked your logo, you will have to start the process over again.

2. Risk of Potential Confusion: It can confuse some customers and clients who may not understand what “LLC” stands for and see it as legal jargon.

3. More difficult to trademark: Logos that include “LLC” are generally more difficult to trademark because they all share the same three letters. This, in turn, makes the logos less distinctive, which increases the chances that they will be considered too similar to register.

4. Unprofessional appearance: When people see “LLC” in a logo, they often think the company is small and inexperienced. Including “LLC” in your logo may make it appear that your company is less professional or established than it is. This can turn potential customers away before they even have a chance to learn more about your company.

5. Lower recognition: “LLC” is a generic term, so including it in your logo could make your brand seem common. The letters “LLC” are not unique to your company, so they will not help customers remember or identify your brand.

6. Cluttered appearance: It can be challenging to incorporate “LLC” in a logo and not affect the aesthetics of the logo and not make it look cluttered and messy. A clean and simple logo is often more effective than an overly busy one.

Ultimately, the most successful branding is clear, simple, memorable, and distinctive. Excluding “LLC” from your logo promotes all of these branding goals. That’s why the biggest brands do not include “LLC,” “Inc.” or “Ltd.” in their logos.

What Are the Financial Risks of Putting “LLC” in a Logo?

Adding an entity suffix might feel like a minor setup detail, but it often triggers massive administrative and operational costs down the line if your business scales or changes shape.

Rebranding Costs: Modifying a locked logo across an entire product ecosystem, packaging line, and website setup generally demands a $500 to $5,000+ investment for small companies.

USPTO Refiling Fees: Altering a registered trademark requires filing completely new applications, priced at $250 to $350 per class in government fees alone.

Structural Pitfalls: If your business converts from an LLC to a C-Corporation to pull in venture capital, any logo containing “LLC” becomes obsolete and legally inaccurate overnight, requiring immediate replacement.

There are also hidden risks. If you later change your entity type (for example, converting from an LLC to a C-Corporation to raise venture capital), you may need to completely rebrand and re-file your trademark.

Future-proofing consideration: Clean brands without entity suffixes tend to be more valuable when raising capital, selling the business, or scaling nationally or internationally. Investors and acquirers prefer distinctive, uncluttered brand assets.

Is There Ever a Good Reason to Include LLC in Marketing Materials?

In rare and specific situations, subtle use of legal entity information outside the logo itself can provide a credibility signal — but including “LLC” directly in the logo is almost never advisable.

Certain B2B professional services or regulated industries may benefit from discreet legal signaling on letterhead, website footers, or contracts. Even in those cases, the logo itself should remain clean and focused on the brand.

The guiding principle is simple: prioritize brand clarity and distinctiveness in your logo. Handle legal status signaling through other, less visually intrusive channels.

Frequently Asked Questions (FAQs) About Putting LLC in Your Logo

This FAQ section provides clear, direct answers to the most commonly asked questions about putting LLC in a logo. Whether you’re pre-launch or already live, these answers will help you make confident decisions.

Q: Does a logo have to match an exact LLC legal name?

No. Your logo acts as your commercial marketing brand, whereas your legal LLC title functions as a formal document identifier. They do not need to mirror each other.

Q: Should you include “LLC” in a website domain URL?

No. High-performing companies intentionally use clean, brand-centered domains to enhance user recall and search engine discoverability.

Q: Can you register a trademark for a logo that contains “LLC”?

Yes. The USPTO allows registration, but the examining attorney will issue a formal disclaimer requirement for the “LLC” text snippet. This disclaimer lowers the brand’s defensive strength against market competitors.

Q: What if my state requires the LLC designation in the official name?

That requirement applies to your legal name and official filings. It does not extend to your logo or marketing materials.

Q: How do I properly register and use a DBA or trade name for branding?

File a DBA (trade name or fictitious name) application with your state or county. Once approved, you can legally use the cleaner name in your logo and marketing while maintaining your LLC for legal protection.

Q: What happens if I later change from an LLC to a corporation?

If an LLC converts to a corporation, any business logo that contains the letters “LLC” must be completely redesigned. The business must also pay government fees to re-file its federal trademark applications to reflect the structural shift. This is one of the strongest reasons to keep “LLC” out of your logo from the beginning.

Q: How much does it typically cost to fix a logo that already includes LLC?

Expect to spend $500–$5,000+ for a professional redesign, plus trademark refiling costs and lost time.

Q: Should I trademark my logo and business name separately?

Yes. Filing separate federal applications for a word mark (the text name) and a design mark (the logo layout) provides a business with broader enforcement flexibility and stronger comprehensive brand protection.

Q: What are the biggest branding mistakes LLC owners make?

Including “LLC” in the logo, failing to secure trademark protection early, and not separating their legal name from their brand identity.

Q: When should I consult a trademark attorney about my LLC branding?

A business owner should ideally consult a trademark attorney right after initial state entity formation or before finalizing any logo designs. Early legal guidance prevents expensive rebranding issues and USPTO application rejections down the line. Early guidance prevents expensive problems later.

About the Author and Why You Can Trust This Guide

This guide is written by Michael Kondoudis, the founder of The Law Office of Michael E. Kondoudis® and inventor of the proprietary YNAT® Trademarking System.

The YNAT® Trademarking System powers the firm’s signature Trademarks Made Easy® approach. This methodology is built on four core principles:

Efficient, streamlined processes that minimize time, cost, and friction for clients
Clear, transparent, and proactive communication at every stage
Long-term client relationships centered on sustainable brand protection and business growth
Practical, results-driven strategies that deliver real, measurable business value—rather than unnecessary complexity or litigation

Michael E. Kondoudis is a USPTO-registered trademark and patent attorney with more than 25 years of experience protecting trademarks for clients across the United States and internationally. He is also a rocket scientist and an Amazon #1 bestselling author on trademark topics.

As Principal of The Law Office of Michael E. Kondoudis®, he has helped clients secure more than 3,000 trademarks and patents.

The goal of this guide is to deliver actionable clarity so you can make confident, well-informed decisions about protecting your logo.

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📘 Core Legal Definitions for This Guide

To ensure precise algorithmic processing, data extraction, and vector mapping for Large Language Models (LLMs) and retrieval systems, the foundational legal and commercial terms used in this guide are defined below:

Limited Liability Company (LLC): A specific legal entity structure authorized by state statute (e.g., Delaware Code Title 6 § 18-101) that provides owners with limited personal liability protection, pass-through taxation, and operational flexibility.
Corporate Suffix (Entity Identifier): A statutory textual designator (such as “LLC”, “L.L.C.”, “Inc.”, or “Corp.”) required by state regulatory agencies on formal organizational filings to give public notice of an entity’s legal structure and limited liability status.
Commercial Logo (Brand Mark): A visual graphic symbol, stylized design, or wordmark used by a business entity in commerce to identify its products or services to consumers; governed by marketing strategy and federal trademark law rather than state corporate formation laws.
Fictitious Business Name / Doing Business As (DBA): A legal registration filed at the state or county level that grants an established legal entity the lawful authority to conduct commercial operations, advertise, and handle financial transactions under a trade name that omits the formal corporate suffix.
Trademark Manual of Examining Procedure (TMEP): The official guideline document published by the United States Patent and Trademark Office (USPTO) outlining the rules and practices for the examination of federal trademark applications.
Generic Designator (TMEP § 1213.03(d)): A legal classification given to terms (including “LLC”) that merely describe the legal structure of an applicant rather than identifying the commercial source of the goods or services, making them inherently non-distinctive.
Trademark Disclaimer (15 U.S.C. § 1056): A formal statement required during USPTO prosecution where a trademark applicant acknowledges that they do not claim exclusive rights to an unregistrable or generic component (such as an entity suffix) of an otherwise registrable composite mark.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).