Legal Question in Intellectual Property in Florida

Can I trademark a name for a product and have an LLC own that product and trademark. I always here things like you need to trademark your company name but I have a company and only want to trademark a name of a product I am inventing.


Asked on 8/05/09, 12:08 pm

2 Answers from Attorneys

Quinn Johnson, Esq. Johnson PC, Attorneys at Law

Yes, you may trademark the name of a product with an LLC designated as the owner of that mark.

An application for trademark registration with the USPTO requires that the application must be filed in the name of the owner of the mark. The owner of the mark is the person or entity that controls the nature and quality of the goods identified by the mark. The owner may be an individual, corporation, partnership, or other type of legal entity.

You have the option of initially filing the trademark application with the LLC designated as the owner or you may file the application with yourself designated as the owner and later assign the trademark to your LLC once the mark becomes registered.

Feel free to contact my office to discuss additional details regarding your trademark application or patent protection for your invention.

THE COMMENTS CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL USE ONLY, NOT LEGAL OPINION. NO ATTORNEY/CLIENT RELATIONSHIP HAS BEEN ESTABLISHED.

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Answered on 8/05/09, 12:32 pm
Sarah Grosse Sarah Grosse, Esquire

What??

Owners register their trademark product/service names. Owners can be individuals, LLC, Corporation, etc. Business names ARE NOT TRADEMARKED/TRADEMARKABLE unless the business name is also used as a product or service.

I don't see any other question. You can email me if I just failed to understand.

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Answered on 8/08/09, 11:37 pm


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