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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 19029
Experience:  B.A.; M.B.A.; J.D.
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Just registered LLC a couple weeks ago here in California.

Customer Question

Just registered for my LLC a couple weeks ago here in California. This will be for a clothing company. I want to register a trademark for my logo design and I am just wondering I can apply for the logo design while I am still waiting on the approval of my LLC? I am quite confident the name is ***** ***** else and it will be approved.Also, when registering for my logo design is it better to register it under my LLC or under my name. My LLC is a single member. What are the benefits for each? I feel I should register it under my LLC so that if someone ever tried to sue me for copyright of the logo design they would sue my LLC and not me directly. Hope you can help me out.Thanks!Michael
Submitted: 12 months ago.
Category: Business Law
Expert:  Phillips Esq. replied 12 months ago.

Just registered for my LLC a couple weeks ago here in California. This will be for a clothing company. I want to register a trademark for my logo design and I am just wondering I can apply for the logo design while I am still waiting on the approval of my LLC? I am quite confident the name is ***** ***** else and it will be approved.

Response 1: It would be prudent to wait for approval first before applying for the logo design.

Also, when registering for my logo design is it better to register it under my LLC or under my name. My LLC is a single member. What are the benefits for each? I feel I should register it under my LLC so that if someone ever tried to sue me for copyright of the logo design they would sue my LLC and not me directly. Hope you can help me out.

Response 2: There are pros and cons. If you register it under the LLC and bring another member to the LLC, both of you would own the logo. On the other hand, registering under the LLC protects you from being personally sued and being personally responsible for the Judgment if the Plaintiff prevails against you. On the other side registering it under your name ensures that you would always be the owner of the logo no matter what. However, if you are sued for copyright/trademark infringement, you would be held personally responsible if the Plaintiff prevails. So, the decision which way to go is ultimately up to you.

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