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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3065
Experience:  Experienced in intellectual property law
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There,What are the benefits of registering

Customer Question

Hi there,What are the benefits of registering for a trademark for my company's legal name? I own an LLC registered in Pennsylvania. I am wondering if there are any protections or benefits that come with registering the name as a trademark - or if I'm protected by virtue of it being the name of a legal entity.
Submitted: 5 months ago.
Category: Intellectual Property Law
Expert:  BH replied 5 months ago.
Hi. Thank you for using JustAnswers. A federally registered trademark would allow you to prevent others from using the mark after the date of your registration (subject to some potential common law users that were using the mark prior to your registration) but only in the class that you register the mark. For example, if you register the mark in connection with selling apparal, you could not prevent someone from using the same mark in the restaurant business. In order to federally register the mark you must be using the mark in interstate commerce (e.g., selling goods across state lines or having multiple locations nationwide) or have the intent to use such mark in interstate commerce. You can also register the mark with the state if you do not currently use it nationally. Finally, absent a federal or state registered mark, you have "common law" trademark rights just by virtue of using the mark in commerce, however, such rights are limited in scope in that they only apply to the geographical region in which you operate and there is no presumption that you have such rights (i.e., you would have the burden of proof to show that you have been using the mark in commerce in order to protect your rights). Registering the mark as the name of an LLC helps with that burden of proof but does not preemptively give you any rights in the mark. Please let me know if you would like me to expand on any issue.

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