Q: Do I need to trademark both my LLC name and slogan?

A: Usually, the answer to this question is "Yes," but it depends upon your LLC name, your intent as to its use in trade, and the extent to which consumers of your goods or services are even presented with the LLC's name, as opposed to a trade name, product name, or slogan/advertising phrase/tag-line. If the LLC exists as a sort of intellectual property or other holding entity, it may not be your first priority. And, as always, a term must be sufficiently unique that consumers identify the name or term with your company as the source of the goods or services it produces.

The slogan should be registered if used AS a trademark (as a brand or as a means of identifying a product or service as having been produced by your company to consumers), but a slogan simply used decoratively on the front of clothing may be rejected by the USPTO as being "merely ornamental." The slogan must be used as a trademark, in short.

That said, generally, going concerns will register all trademarks in use with the USPTO: business name, product names, slogans, logos. But you will want to schedule a consultation with an experienced trademark attorney to devise the best intellectual property and brand protection strategy specific to your circumstances and your business.

A: You don’t have to trademark both your LLC name and your slogan unless you want exclusive rights to both. Registering your LLC name with the state only protects it as a business entity, not as a brand in the marketplace. A trademark, by contrast, gives you the legal right to stop others from using the same or confusingly similar name or slogan for related goods or services. If your primary concern is protecting the slogan, you can focus on filing a trademark application for that first.

Since you plan to put the slogan on clothing and accessories, the trademark would need to be filed in the appropriate class covering apparel. Keep in mind that trademark protection requires “use in commerce,” so if you are not using the slogan on actual goods yet, you may need to file an “intent to use” application. That way, you can secure priority while preparing to launch your products.

Potential issues include making sure the slogan is distinctive rather than descriptive or generic. If it simply describes the product, the USPTO may refuse registration. You should also be aware that someone could still own a similar mark in another category, which might affect your ability to expand later. Protecting the slogan is a strong first step, but if your LLC name is also unique and tied to your brand identity, you may eventually want to protect that as well.