Los Angeles, CA asked in Business Formation and Trademark for California

Q: If I found a trademark that was requested after I created my LLC, would I get affected? Do I have a right to my LLC name

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2 Lawyer Answers
William Scott Goldman
William Scott Goldman
Answered
  • Trademarks Lawyer
  • Washington, DC

A: LLC names are simply business entities being formed within a specific state. Trademark rights are much more expansive. So there typically isn't much overlap involved, unless an other party successfully claims that you're using the name as a trademark. But even then, the relevant goods/services would likely need to be related, and you may be able to argue superior common law rights based on prior use.

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: If you are using the name of your LLC as your trademark, you may have a claim against a later user of the same trademark if there is a likelihood of confusion between your trademark and the other trademark.

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