Archives for July 2022

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

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

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

(click to download)

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.

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.

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.

® Want help with your trademark?

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.

Take the Next Step and Legally

Own Your Trademark

Schedule a Free Strategy Call

SHARE THIS ARTICLE ON:

SHARE THIS ARTICLE:

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? – An EASY GUIDE

July 6, 2022 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Lawyer

This is our EASY guide to LLC logos and whether you need to include LLC in your logo.

If you want to quickly understand the “ins and outs” of LLCs and logos and whether you should put LLC in your logo then read on – this guide is for you!

Let’s get started!

CONTENTS

→ Understand what an “LLC” is and why they are important

→ Learn why putting “LLC” in your logo is not required

→ Learn how including “LLC” in your logo can hurt your marketing

→ Learn the top reasons to form an LLC

→ Understand the process of forming an LLC

→ Frequently asked questions

WHAT IS AN LLC?

What is an LLC?

An LLC, or limited liability company, is a business structure that combines the pass-through taxation of a sole proprietorship or partnership with a corporation’s limited liability. An LLC is not a corporation and cannot issue stock. Instead, members of an LLC are owners who can share in profits and losses, much like partners in a partnership. LLCs are formed at the state level, and each state has its own LLC formation process.

Stop Worrying About Your Trademark

Schedule a Free Strategy Call

Why Forming an LLC is Important

Forming an LLC is a straightforward yet crucial step in developing and protecting your business. LLCs offer structure, protection from lawsuits, minimal paperwork, and boost credibility.

There are many advantages to forming an LLC. LLCs offer limited liability protection for their owners, which means that the owners are not personally liable for the debts and liabilities of the LLC. This is a significant advantage over sole proprietorships and partnerships, which do not offer this same protection. LLCs also have a flexible management structure and can be managed by their members or designated manager. This flexibility is another significant advantage over more traditional business entities. Finally, LLCs are relatively easy and inexpensive to form and maintain.

All of these advantages make LLCs an attractive option for many small businesses.

The Importance of Logos and Brands

In today’s business world, having an effective and recognizable logo is more important than ever. Your logo is often the first thing potential customers will see when they encounter your brand, so it’s important that it makes a good impression. A well-designed logo can help build trust and credibility for your business and make your brand more memorable.

Your logo is your brand ambassador. It needs to be clear, memorable, and distinctive.

DO YOU NEED TO PUT LLC IN A LOGO?

Do You Have to Put LLC in Your Logo?

No, 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.

Putting “LLC” in your logo does not provide any additional legal protection for your business.

If you include LLC in your logo you can hurt your marketing/branding, for many reasons. Firstly, including LLC in your logo increases the risk that you will confuse customers and reduce the recognition of your logo as a trademark. Secondly, an LLC logo is hard to trademark, looks amateurish and unprofessional, and feels cluttered. Thirdly, if you move from an LLC to a corporation or sole proprietorship, you’ll need a new logo. Fourthly, if you want trademark protection for your new logo, you will have to repeat the trademarking process for your new logo.

As a general rule, you do not have to put LLC in your logo.

Do I Need to Put LLC in My Logo?

No, you do not need to put LLC in your logo or in any of your marketing materials. There is no requirement, legal or regulatory, to put “LLC” in your logo.

Besides, putting “LLC” in your logo does not provide any additional legal protection for your business and can hurt your marketing and promotion in six ways.

There is no need to put an LLC in your logo and there is no need to put LLC in your advertising or marketing materials.

Note: There are a handful of specific times when you need to include “LLC” with your business name.

When Should I Use LLC?

You should use “LLC” with your business name when you are not creating advertising, marketing, or promotional materials. So, for example, you should use “LLC” with your business name for:

1. Business registration forms
2. Company letterhead
3. Contracts, Leases, Legal documents
4. Invoices, Price quotations, Invoices
5. Tax filings

So, while you don’t need LLC in your advertising and marketing, you need to use the LLC as part of your business name for all financial, legal, or official documentation as a business.

Do you need help with your trademark?

Do You Put LLC in Logos?

No. Do not put LLC in your logo. You do not need to put LLC in your logo. Plus, an LLC logo (a logo with “LLC”) looks cluttered and unprofessional. Moreover, almost all major brands omit LLC from their logos.

Consider national brands like Google, Shell, and Coke.

These brands do not put LLC in their logos. Instead, they focus instead on simple, elegant design. Follow their lead.

The Top Reasons to Not Put LLC in Your Logo

There are many reasons not to put LLC in your logo. These are the top reasons why you should not include LLC in your logo and use the resulting LLC 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 is the Difference Between an LLC, and LLC Logos, and Do I Need to Put LLC in My Logo?

An LLC, or limited liability company, is a business structure that provides its owners with limited liability protection. This means that if the LLC is sued, the owners are not personally liable for the debts and liabilities of the LLC.

An LLC logo is a logo that includes the corporate structure abbreviation “LLC”.

Including “LLC” in your logo does not increase any legal protection for your business and brand. In fact, including “LLC” in your logo could actually be detrimental to your business and limit future marketing options. For these reasons, it is usually best to avoid putting “LLC” in your logo.

WHY YOU SHOULD FORM AN LLC

Top Reasons to Form an LLC

Even though “LLC” should not be included in your logo, there are still important advantages to forming an LLC.

These are the top reasons to form an LLC:

1. LLCs provide personal asset protection. This is perhaps the biggest advantage of an LLC. Members of an LLC are not personally liable for debts or liabilities of the LLC. This means that if your LLC is sued, the court can only go after the assets of the LLC, not your personal assets.

2. LLCs are relatively easy and inexpensive to set up.

3. LLCs offer flexibility in how they can be managed. You can have a single member LLC (which means you are the sole owner), or a multi-member LLC. You can also have an LLC that is managed by managers, rather than by the members.

4. LLCs offer tax benefits. An LLC can choose to be taxed as an S corporation, which means that the LLC’s income is only taxed once at the individual level.

5. LLCs can help you build credibility with customers and vendors. Having an LLC can make your business seem more professional and established.

6. LLCs can give you flexibility in how you raise money. If you want to bring in investors, you can do so by selling membership interests in your LLC.

7. LLCs can help you stay organized. Having an LLC can help you keep your business and personal finances separate. This can make it easier to track expenses and prepare your taxes.

THE PROCESS OF FORMING AN LLC

How Do You Form an LLC?

Forming an LLC is a straightforward process. Here’s an overview of the process of forming an LLC.

1. Choose a business name. The name you choose for your LLC must be available and not already in use. This means that the name must be distinguishable from the names of other businesses registered with the state. You may also need to file a “Doing Business As” (DBA) name if you want to conduct business under a name other than the LLC’s legal name.

2. File paperwork with your state. Once you have chosen a name, you will need to file Articles of Organization or a similar document with your state’s LLC office. This document will include information such as the LLC’s name, purpose, and member details.

3. Draft an operating agreement. This is not required in all states, but it is a good idea to have one in place. The operating agreement outlines the LLC’s rules and regulations, including how decisions will be made, how profits and losses will be distributed, and other important details.

4. Register with the IRS. An LLC must obtain an Employer Identification Number (EIN) from the IRS in order to open a business bank account and file taxes. The process for obtaining an EIN is fairly simple and can be done online.

5. Comply with state requirements. Depending on the state in which your LLC is located, there may be additional requirements for compliance. These could include getting a business license or permit, registering with the state tax office, and more.

Once you have completed these steps, you are ready to start operating your LLC. Note that you may need to file additional paperwork and obtain licenses and permits, depending on the type of business you are running.

FREQUENTLY ASKED QUESTIONS

1. Does my logo have to match my LLC name?

No, your logo (or brand) does not have to match your LLC name. Your logo (or business name) is the brand you use to market to your clients, whereas your LLC name is the legal entity name of your firm. They can match, but they do not need to match.

2. Should I put LLC in my domain name?

No, you are not legally required to put “LLC” in the domain name for your business. In fact, if you look at most websites on the internet, the vast majority do not include any corporate indicia (e.g., Inc., Ltd., or LLC) in their domain name.

3. Do I need to trademark my business name and logo separately?

No, but it may be the better option. Although you can apply for trademark protection for your name and logo together in the same application, the result is limited protection because you will always need to use the name and logo together. Names and logos are considered separate trademarks and separate trademark registrations will result in greater and more flexible protection.

Take the Next Step and Legally

Own Your Trademark

Schedule a Free Strategy Call

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).