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Does it matter for trademarking company name, if I have an S-Corp or an LLC

Santa Clara, CA |


I would like to trademark My Company Name. Does it matter if I have My Company Name INC or My Company Name LLC?

Thanks in advance,

Attorney Answers 4


The specific structure of the company does not matter. Use in commerce for trademarks or the filing date for intent to use trademarks, and originality for both types of trademarks, is of greater importance.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

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For purposes of a trademark, it does not matter if your entity is a corporation or a limited liability company. There are other reasons to consider one form of entity over the other, but not for the protection of intellectual property. I recommend that you consult with an attorney and/or your accountant to fully consider the benefits of both types of entity and determine which would be the best for your company.

I wish you good luck.

This response does not create an attorney-client relationship and is not intended to provide legal advice for your specific situation

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A trademark does not depend on the structure of the company.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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A trade name technically cannot be trademarked -- only a mark that is directly connected with a good or service can be trademarked, although it is normal to assume that you are using your trade name in connection with the goods or services you sell. Assuming that you are using the trade name as a trademark, it is better, if possible, to use "My Company Name" as the trademark, rather than "My Company Name Inc." or "My Company Name LLC." However, you should discuss your options with a competent intellectual property attorney nearby; you may be missing some options that could save you money and/or increase revenue in the long run.

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1 comment

Molly Cristin Hansen

Molly Cristin Hansen


As Attorney Jacobson has said it is typically better (and more common) to use "My Company Name" alone, without an entity identifier. Think about Anheuser-Busch, Kraft, Mattel -- none of their famous marks include the word Inc. (You should use your full entity name in copyright notices, such as those at the bottom of a website page, but it is unusual to see the entity identifier in the body of a trademark.)

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