Forming an LLC Does NOT Protect Your Trademark
8m | Jul 23, 2021I often hear business owners say that they they would eventually like to register their trademarks, but that they're already protected because they have a filing entity or assumed name registered with the Texas Secretary of State. This is not true.
GENERAL LINKS:
- Calendly page to schedule a call: https://calendly.com/keithlawpllc/20minute
- Episode's blog post: https://www.keith.law/trademark/forming-an-entity-does-not-protect-your-trademark/
- Podcast Website: https://www.keith.law/category/podcast/
- Firm Website: https://www.keith.law/
- LinkedIn profile: https://www.linkedin.com/in/jason-keith-0736a931/
EPISODE-SPECIFIC LINKS:
- Episode 1 (the overview episode): https://www.keith.law/trademark/practical-trademark-protection
- Episode 9 (Why Use a Business Entity?): https://www.keith.law/business-disputes/why-do-business-through-an-entity/
- Texas Secretary of State Trademark FAQs: https://www.sos.state.tx.us/corp/tradefaqs.shtml
TIMESTAMPS:
00:00 — Forming an entity does not protect your trademark!
00:06 — Intro
00:29 — Business owners often mistakenly think that they have trademark protection because they have an LLC in place
01:01 — This episode expands on the mention of this problem in episode 1 of the Keith Law, PLLC Podcast
01:09 — What about filing a formation document?
02:48 — What about filing an assumed name certificate or d/b/a?
03:44 — "So, how do I get trademark rights?"
04:50 — The effects of registering a trademark with the Texas Secretary of State
05:34 — When you can apply to register your trademark with the United States Patent & Trademark Office, and the effects of doing so
06:09 — Wrapping up (summarizing) this episode
07:20 — The most important take-away from this episode
07:35 — Check the show notes for more information or for how to ask questions
07:54 — Outro
Disclaimer: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.
