This is a common question that I get asked a lot during consultations. To understand the answer, we must first understand what an LLC and a Trademark are. If you already have a good working knowledge of what these are, you can skip down to the answer.
What is an LLC?*
A Limited Liability Company (LLC) is a type of entity. It will generally allow you to engage in your business ventures without opening yourself up to full personal liability. Hence the words “limited liability”. Let me give you an example to help illustrate this. Let’s say you’re a business owner who is being sued by an angry customer. If your business is structured as an LLC, and you take all of the necessary steps to ensure your LLC is properly shielding you, the customer will generally be suing the LLC as an entity and not you personally. Further, the angry customer, generally, can not go after your personal assets (your home, personal vehicle, etc.). They would be holding the LLC accountable rather than you personally. This is extremely important! Think of it as a liability shield. Now, I’m sure you see why so many business owners are ensuring that they form an LLC when they’re going into business.
What is a Trademark?
A Trademark is a method of protecting your intellectual property. A Trademark allows you to truly protect your brand name, logo, slogan, etc., by establishing that you’re the true owner of the specific mark. This stops others from using the same name, logo, slogan, etc., as you. You won’t have to worry about copycats or brand thieves coming to force you to rebrand after you’ve invested thousands of dollars into the brand. It has happened countless times -- someone is forced to rebrand and change the name of the brand they’ve worked so hard to create. Protecting yourself from this is as easy as getting trademarks.
So… Do you need an LLC or a trademark?
Now that you have a good understanding of what both an LLC and a Trademark are, you’ll understand why -- ultimately, you need both! These are two very different, yet important, things that every business needs. You need an LLC to structure your business in a way that shields you from personal liability. Further, you need to protect your brand and ensure that copycats and others can’t infringe on your brand and force you to start over from scratch.
If you’re ready to get your business legally sound, reach out to our office. Once retained, we will walk you through the process and be with you every step of the way as we get your LLC formed and apply to get your trademarks registered. We are waiting for your call. Let’s get you protected today! You can book a confidential consultation through our online scheduling tool. We would love to earn your business.
*This is a general illustration. However, there are specific instances that can overcome the LLC’s protection. Therefore, it’s important to have an attorney walk you through the process and advise you on setting yourself up for protection.
This is general information and is not intended to be legal advice. For legal advice, please contact a lawyer.
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