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lets say the hypothetical company is called ____ ____ ____ LLC and I want to get a trademark. Should I trademark just the
" ____ _____ ____" or the "___ ____ ____ LLC"

2007-01-11 12:36:29 · 3 answers · asked by Chris M 2 in Politics & Government Law & Ethics

3 answers

the LLC means 'limited liability corporation', you cant trademark that....just your company name

2007-01-11 12:40:16 · answer #1 · answered by zdonz 3 · 0 0

The LLC is not trademarkable, just the name of the company.

2007-01-11 12:40:37 · answer #2 · answered by quatrapiller 6 · 0 0

Are you using your company name as a trademark as well as your trade name? Generally, if your name is used only as a trade name, then it is not registerable as a trademark.

Check out the TMEP cite below which states (in part):

1202.01 Refusal of Matter Used Solely as a Trade Name
The name of a business or company is a trade name. The Trademark Act distinguishes trade names from trademarks by definition. While a trademark is used to identify and distinguish the trademark owner's goods from those manufactured or sold by others and to indicate the source of the goods, "trade name" and "commercial name" are defined in §45 of the Act, 15 U.S.C. §1127, as follows:

The terms "trade name" and "commercial name" mean any name used by a person to identify his or her business or vocation.

The Trademark Act does not provide for registration of trade names. See In re Letica Corp., 226 USPQ 276, 277 (TTAB 1985) ("[T]here was a clear intention by the Congress to draw a line between indicia which perform only trade name functions and indicia which perform or also perform the function of trademarks or service marks.").

***

Whether matter that is a trade name (or a portion thereof) also performs the function of a trademark depends on the manner of its use and the probable impact of the use on customers. See In re Unclaimed Salvage & Freight Co., Inc., 192 USPQ 165, 168 (TTAB 1976) ("It is our opinion that the foregoing material reflects use by applicant of the notation 'UNCLAIMED SALVAGE & FREIGHT CO.' merely as a commercial, business, or trade name serving to identify applicant as a viable business entity; and that this is or would be the general and likely impact of such use upon the average person encountering this material under normal circumstances and conditions surrounding the distribution thereof."); In re Lytle Engineering & Mfg. Co., 125 USPQ 308 (TTAB 1960) ("'LYTLE' is applied to the container for applicant's goods in a style of lettering distinctly different from the other portion of the trade name and is of such nature and prominence that it creates a separate and independent impression.")

2007-01-12 06:18:17 · answer #3 · answered by TM Guy - ooTMoo.com 2 · 0 0

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