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Vent: trademark vs. LLC name: do I need both? is ruining my life

Started by workinprogress_14 ยท Dec 17, 2024 ยท 4 replies
For informational purposes only. Not legal advice.
WO
workinprogress_14 OP

Formed "BrightPath LLC" in Delaware. My product is called "BrightPath." Someone said I should also file for a trademark. But doesn't forming the LLC protect my name? What's the difference?

IA
ian_99_13

how much does trademark registration cost? just trying to understand if this is a $100 thing or $10,000 thing

CE
cant_even_anymore_15 Attorney

DIY filing: $250-350 per class (USPTO fees)
With attorney: $1,000-2,500 total including search and filing

I generally recommend using an attorney for the search at minimum. The last thing you want is to build a brand for 2 years then get a cease & desist because you didn't find an existing registration.

CE
cant_even_anymore_15 Attorney

Not gonna lie, do a clearance search NOW before you invest more in the brand. Costs $300-500 and tells you if the name is likely available.

For actual filing, you can file "intent to use" before launch or wait until you're using the mark in commerce. Intent-to-use is more expensive but locks in your priority date earlier. For most startups, I recommend waiting until you're actually selling something.

TH
thepracticalguide_8

Question - does any of this change if you're selling on a platform like Etsy or Amazon? I have a shop name thats different from my LLC name. Which one should I trademark, the shop name or LLC?

Also wondering if the rules are different for sole proprietors vs LLCs when it comes to trademark registration.