Your LLC Name Is Not a Trademark

This post discusses Texas and federal law.

It is one of the most common misunderstandings in small business: “I registered my LLC with the state, so the name is mine.” Registering an entity name and owning a trademark are two different things. The “LLC” designation identifies your legal entity; it does not by itself give you brand protection or the exclusive right to a product name.

Federal trademark law asks a different question entirely: would a consumer in the marketplace be confused about the source of the goods? Names do not have to be identical to conflict. If the dominant element of your mark matches an existing registration in the same category of goods or services, the trademark office will likely see them as confusingly similar, no matter what your state filing says. I have sat across the desk from many owners who built a brand with sweat equity only to find a paper trademark standing in their way.

Before you build a brand (signage, packaging, a website, advertising), check that the name does not conflict with someone else’s mark and consider whether the name itself can be protected. I help clients think through the entity and the branding together, so the name on the storefront is a name you can keep.

Before you invest in signage, packaging, and a website, make sure the name is one you can keep. Call or text 512.761.8479.