Trademarking your LLC name is achieved by federal registration with the USPTO. A federal trademark registration gives the LLC owner exclusive rights to use their trademark in relation to their goods or services. While NYS LLC registration does provide name protection within the State of New York, federal trademark registration helps to protect your LLC name throughout the entire country.

HOW DO I APPLY FOR A TM?

We suggest using a New York Trademark Attorney such as Total Trademarks. The process is complicated you will want professional representation. Unlike the relatively quick and painless LLC formation process, TM registration takes about 1 year from start to finish and many eligibility issues can arise. The USPTO frequently refuses applications, issues office actions requiring further legal documentation, suspends applications, etc. so it’s best to have someone on you team that knows trademark law. If your application is granted, your LLC name will remain trademarked for 5 years until it’s time to renew.

HOW MUCH DOES IT COST TO TRADEMARK MY LLC?

Legal fees for trademarking vary depending on the quality of the attorney. Be careful here and don’t shop by price alone! Typically, you get what you pay for in this area and given the length and complexity of the process you should choose someone who will give your application the best chance of success. There are many junk services that assist DIY applicants, but they do not provide legal advice nor representation throughout the process. This obviously defeats the purpose.

If you need assistance trademarking your LLC contact us and we can steer you in the right direction.