Legal Question in Business Law in Virginia

Trademark and LLC

In 2007, I registered a domain name with intentions of using as part of a business. I just recently filed with the state of Virginia to form an LLC with the same name as my registered domain name. However, the name that I was filing for as an LLC was already taken as of April 2008, but I cannot find the business operating in the state of Virginia. My question is this, can I trademark the domain name, although someone already has registered the name as an LLC in the state of Virginia? If it is possible to trademark the domain name, does the trademark name have to include the ''com'' extension?

Also, can I use my registered domain name to do business now, although the same name is formed as an LLC, or would this be some type of conflict?

And my last question, if I am listed as the only member of the LLC, if I die, would the business transfer to my husband or should he have to be listed as a member too? The reason we are considering not having him as a member is so that we can file taxes on the personal return rather than having to file for the business too.

Thank you much for your help and your time.


Asked on 4/15/09, 8:11 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Trademark and LLC

I would suggest that you arrange for a consultation on these matters with a Virginia attorney competent in intellectual property as well as business formation law in the Commonwealth.

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Answered on 4/16/09, 10:07 pm


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