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- Your Business Name Isn't Legally Yours
Your Business Name Isn't Legally Yours
and Someone Can Take it
Hey ,
Many business owners think that registering their LLC name or buying a domain means they own that name everywhere. They build their entire brand around “Creative Solutions LLC” then get a cease and desist letter because someone else has been using “Creative Solutions” as a trademark for years.
Now they have to rebrand everything- website, social media, business cards, marketing materials or face a federal lawsuit. That $200+ LLC filing just cost them $20,000 in rebranding costs.
Your state registration only protects your business name in the state that you are registered in and only from other LLCs.
⚠️ What’s Non-Compliant
Using a business name that infringes on existing trademarks or failing to protect your own business name can result in federal lawsuits, forced rebranding and loss of your entire brand.
Common violations I see:
*Using names similar to existing trademarks without checking trademark databases.
*Assuming LLC registration gives you nationwide name rights.
*Building a brand without trademark protection, then losing it to someone else
*Using names that are "too generic" and can't be protected
*Not monitoring for others using your business name
✅ Compliance Tip
LLC registration protects your name locally whereas trademark registration protects it nationally. You need BOTH for full protection.
🛠️ Action Steps: Fix It Now
✅Search your business name on the USPOT trademark database (tmsearch.uspto.gov).
✅Google your business name + trademark to see what comes up.
✅Check if anyone else in your industry is using a similar name.
✅If your name is clear, consider filing a trademark application if you are building a brand.
✅If there is a conflict, consult a trademark attorney immediately.
✅ Don’t ignore cease and desist letters.
** Research before you register. Protect what you are building.
📌 Disclaimer
The information provided in this newsletter is for general informational purposes only and does not constitute legal, tax, or financial advice. While every effort is made to ensure accuracy, laws and regulations change, and individual circumstances vary. For advice specific to your business, please consult a qualified professional.
When in doubt, consult a licensed attorney to review your compliance needs.
If you don’t have one, I’m happy to help you get connected, just schedule a quick call.
Thank you for reading.
Keep showing up, protect the business that you are building and share what you learned with a friend !
Until next time💛