Winston Salem, NC asked in Business Formation, Business Law, Intellectual Property and Trademark for North Carolina

Q: I am forming an LLC with a partner. The LLC name is each of our last names. How can I protect the name of the LLC?

We are located in NC.

The name has already been registered and brand developed.

Will a trademark on the name, owned by myself or the LLC protect the LLC name?

Can each member give up the rights to take their name in the operating agreement?

1 Lawyer Answer

Cameron Lambe

Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: While I'm not exactly sure what the second part of your question is asking, a trademark filed with the USPTO will protect the LLC name if it is distinctive and unique, and that will apply nation-wide. Many local businesses don't opt for this level of protection if they only plan to operate locally, as registering prevents another entity from using the same name, although it obviously does not prevent a sole-proprietor from using that name.

Will Blackton agrees with this answer

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