Asked in Business Formation for California

Q: Do I need to register my own business design name?

If my business name is for instance:

"The Only One LLC", and on my products I will use "The Only One"

Do I need a DBA in order to TM my products as "The only one"?, or I don't because my business name is already "The Only One LLC" it only has LLC addes after the actual business name.

And, If I have that name registered and I want to use "The Only One " on my products with an specified Typography do I need to register that name Typography? if yes how? or if I register my brand as Trade mark , I don't need to register my Typography because it's already my brand ?

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1 Lawyer Answer
Robyn T. Williams

A: If you'd like to use THE ONLY ONE as a trademark on your products you do not need a DBA. If you'd like to use THE ONLY ONE in word format then you'd file a trademark application for the word mark. If you'd like to use THE ONLY ONE in a stylized format or with stylized (or graphic) elements, you would file a trademark application for the design mark. You can file two separate applications for both. Your LLC would be the owner of the marks.

Before building a brand around the THE ONLY ONE mark, I'd suggest engaging the services of an attorney to perform a clearance search and to assist with maximizing the resources expended on starting your brand. It could be costly to build a brand around a mark that is already in use or likely to be confused with a similar mark.

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