Trademark vs LLC: Which one should I get first?

[@ReginaLynae]

So informative and easy to understand thank you!

[@toslegal]

Thank you! I'm so glad to hear that!

[@sylvestercarter9508]

Very informative video... But I have questions that is altered to my situation

[@DavidSmith-ky2wp]

@@toslegal can somebody trade mark your business name and domain name if they see it? But your roots are there you just haven’t have the funds to trade mark

[@staywoke3316]

I'm from the hood and I got skills and drive i just need to meet the right people / I will make it and be successful ..thanks Queen ✊🏿✊🏿✊🏿✊🏿✊🏿✊🏿...I'll see u at the Top

[@toslegal]

Stay focused and willing to offer value, and I'm sure you'll make it!

[@summerhassoun6128]

Amen 👏🏼👏🏼

[@devesh.chavan]

Did you make it big?

[@makeoversbymeme2077]

@@devesh.chavan 🥰

[@AlliterativeAtheist]

I’m From the suburbs ! Salute

[@nathanielrivera3286]

I felt like I was sitting in an office with you. You did great explaining this. Thank you!

[@5starchikify]

I created an LLC for my business and I’ve been in business for a few months now. I’ve come to know that there’s a business in the same industry in a neighboring state that uses a similar name as mine the only thing she changed was the first word from A to The. Makes me extremely angry because I have been busting my tail to establish my brand and when you google her business my brand pops up as I’ve been in business longer and doing my due diligence to be acknowledged by Google. I registered in June and she registered in Oct. Idk how or why she would’ve named her business behind mine but I definitely wish I would have trademarked right away to avoid this dilemma I am now in. Anyway I am currently in the works of educating myself on the process so that I can get it done ASAP.

[@otgfriido]

Love the way you broken it down in just 6 minutes

[@toslegal]

I'm so glad you found it helpful!

[@Rigatti14]

Out of all the videos I have watched so far to get some understanding as to what I should do first, yours was the most simple yet, informative video. Thank you!

[@PivotPixie]

This was so helpful. Concise, clear and to the point. THANK YOU

[@prodbypiggy4630]

You the only person i can comprehend on youtube lol thank you sweetie

[@toslegal]

You are so welcome! I'm glad to offer clarity :) By the way, I'm hosting a webinar about LLCs and Trademarks. You might be interested in it. Feel free to check it out www.toslegal.com/startrightworkshop.

[@PhilandruBaddatt]

thank u hun, thanks for the info..glacias

[@thechatterbox1293]

Hello Temi! i have a question. I registered my LLC in 2017 because i had a youtube channel that was making thousands of dollars and i wanted to keep track of the money etc..... I obtained an EIN and opened a bank account. Long story short, for various reasons i stopped doing the channel within a few months. I paid taxes for what i earned and never did anything else with it. SO fast forward 3 years later i have a product i am about to launch and found out that i was supposed to pay to renew that LLC every year. I didn't do it so now its a little under $600 to reactivate it. My question is should i renew it or just register a new LLC? is there a benefit to renewing it? and why do i have to pay so much to renew when i didn't ever do anything with the business after the first go round?

[@itstonycia]

Question of the day answered!! I want to get mine handled by the end of January 2023

[@toslegal]

Awesome! I hope you've been able to get it started.

[@slade2372]

Thank you so very much for explaining this so clearly! I am a songwriter as well as an author so I do want a trademark to protect my brand. I also want to start my own publishing company, multimedia production company, and record label. This is where an LLC comes in. What I am wondering is can I create these three separate companies under the umbrella of one parent company that is an LLC? For example, if the Parent company is Edwards Entertainment LLC and Edwards Entertainment LLC offers writers self-publishing as well as general publishing. Edwards Entertainment can also use its multi-media production company to develop television and movie projects for the publishing company's owned copyrighted material, and the record label would be used to release the soundtracks and other recorded material related to the book/movie projects. Will I need to create three separate LLC companies or could the production company and record label be covered by the parent Company Edwards Entertainment LLC?

[@jonjones4972]

Thank you so much for this knowledge. Amazing eyes btw:)

[@kalitest]

But what if you have a assurance liability and a trademark

[@Mistertisdale]

I really appreciate this video. I have a name for my brand that serves as a moniker or my "stage name" as an influencer. I think it is best for me to apply for the trademark (Intent-to-use) being that I will in the future start my own clothing line and sale other products as well.

[@4fun4games]

This is a step i didnt even consider.. soo happy onfounf this video...

[@toslegal]

Glad it was helpful! By the way, I'm hosting a webinar about LLCs and Trademarks. You might be interested in it. Feel free to check it out www.toslegal.com/startrightworkshop.

[@charlita25]

Thanks 🙏🏾 for this video. I was just wondering about this last weekend.

[@toslegal]

Glad it was helpful!

[@SolitarySoulStray]

HELP!!!! How can you find out if someone used the name first?

[@dollabillm.o.p4778]

APPRICIATE THE KNOWLEDGE QUUE

[@toslegal]

You are very welcome!

[@SammyDaGawd]

This is super helpful 🙌🏽The way you explained everything so clearly had me click subscribe asap!

[@toslegal]

I love to hear it! That's definitely the goal: to help. So thank you for the kind words!!! I appreciate you!

[@Blah650yy]

Thanks mama, straight to the tea. Short, clear and informative.

[@toslegal]

You are very welcome!

[@kashleyrodd9168]

Such amazing info. I wish you had services in Phoenix AZ. Truly great advice

[@kaosaephan7044]

Exactly what I've been looking for

[@jacquelinestephens5387]

Thanks for sharing, great information.

[@toslegal]

Glad it was helpful!

[@anahisanchez32]

you are amazing!!!

[@toslegal]

Y'all are going to make this black girl blush! Thank you!!

[@jamieeneal453]

so helpful thank you!!!!!

[@lt9450]

Excellent video. I felt like you were anticipating my questions and answering them in real time. Thanks for sharing

[@toslegal]

My pleasure!

[@LoyalTEE1000]

dope video! and informative.,

[@MSKAWANI18]

Thank you for this GREAT information.

[@toslegal]

You are very welcome!

[@SheShakurChannel]

Thank you! A concise video on trademark vs LLC. 👏👏

[@shaneikiyasteel7073]

I am truly binging your videos. Just listening and getting an understanding. Definitely going to go back and take notes!

[@motorcycleridertraining]

You are amazing. You are helping so many people.

[@Iamdopeaxf]

I didn’t get a direct answer I’m sorry lol

[@trentalexander2413]

Great information! I feel wiser now than before I started

[@jojocates346]

Love that I found this specific video thank you

[@toslegal]

You're so welcome!

[@kenyajames1931]

Thank you for the information. I appreciate you take the time to give detailed information.

[@toslegal]

You are very welcome! By the way, I'm hosting a webinar about LLCs and Trademarks. You might be interested in it. Feel free to check it out www.toslegal.com/startrightworkshop.

[@nightlifenursing]

Thank you for sharing🙌🏽

[@justxenaa5489]

Thank you for this

[@toslegal]

My pleasure!

[@InnovateCreate2000]

I live in Colorado and was wondering if you provide out-of-state consultations. If not, what suggestions do you have for the state of Colorado? Thanks!

[@desi-likes-unicorns3214]

Thank you so much for this very plain English down to earth explanation! Once I get my logo down I am going to apply.

[@toslegal]

Glad it was helpful!

[@summerhassoun6128]

you really broke this down 👌🏽🙌🏼thank you for this video!!❤️

[@toslegal]

You are very welcome!

[@jillberry2066]

Simply Awesome!

[@TheAudiobrownies]

THANK YOU! beautifully explained

[@toslegal]

You are very welcome!

[@stevensettlesii8314]

Great information

[@toslegal]

Thank you for the kind words! I'm glad you found it valuable.

[@JWoodsAllDay3094]

Great video 👍🏾 Thank you for helping me out 💯

[@toslegal]

My pleasure! Glad to help!

[@worldofenye]

This has been very helpful, and I do plan to get both. Thank you so much!

[@toslegal]

I'm so glad!

[@portuler]

This was very helpful and informative. Thanks for sharing your expertise with us.

[@toslegal]

It's my pleasure! By the way, I'm hosting a webinar about LLCs and Trademarks. You might be interested in. Feel free to check it out www.toslegal.com/startrightworkshop.

[@honeynicolereign5804]

Thank you Queen! So very helpful!

[@Dan-ku8so]

Wow perfectly put! Thanks!

[@toslegal]

My pleasure!

[@maryon107]

This was very very helpful!

[@Mr2LegitLaFlar706AUG]

Very helpful

[@toslegal]

So glad to hear that! By the way, I'm hosting a webinar about LLCs and Trademarks. You might be interested in it. Feel free to check it out www.toslegal.com/startrightworkshop.

[@nightlifenursing]

I need help getting registered.

[@Miss.Onesair]

This was so helpful thank you for sharing!

[@toslegal]

You are very welcome!

[@aijebamalayo]

I love your content!

[@drweiss8]

I have a question could Coca-Cola's trademark ever become generic therefore it becomes untrained marketable

[@SimX9000]

Thank you!

[@whasanamemusic7039]

You're the best ❤

[@toslegal]

Aww! Thank you!

[@Sweet_Southern_Pecan]

This was great, thank you!

[@toslegal]

So glad to know that you enjoyed it! Thanks for the encouragement!

[@beachchickensmedia]

incredibly helpful thank you!

[@toslegal]

I'm glad you found it to be helpful. Check out the trademark playlist so that you know what to expect through the process.

[@aijebamalayo]

Thank you so much for this, Temi!

[@toslegal]

You are so welcome! Glad to help!

[@nltandjonas]

I have two social media handles/names that I use right now to posts content--one is a meme page and the other is a blog related page (both on FB & IG)--but I do not currently have products or services that I sell on either one. However, I do plan to use them both to sell products and/or services on in the near future, so I am still a little confused on which one (trademark vs LLC) might be best to get for right now, since I do not currently have the funds to get them both for each page. I feel like I understand the basic meaning of the two, but as you mentioned, there is a little bit of overlap. Because I am not selling anything right now (currently working on ways that I will use the pages for monetization), I am not sure which would be best for me protection wise. I know you may have explained it in the video, but since you said each case is different, I figured giving some details might yield the answers I am looking for. Any advice on which specific one might be best for me? Thanks for the video and thanks in advance for any other help!

[@NOTIMPRESSED2018]

Whew..Great info and def on time! Would love to hire you ma'am. Just don't know if I can afford to. #Life

[@sheheir5531]

Hi Temi, Wonderful and timely content. Is there a company that you would recommend that does both trademark and LLC?

[@awakeningwithk3ndra]

I’ve been using my name and I want to trademark and do the LLC. My business is a record label. So is it best to trademark the name first or do the llc?

[@BREEZYOFFICIAL]

Did you ever find out which route to take first? I'm interested in starting my own label also...

[@awakeningwithk3ndra]

@@BREEZYOFFICIAL Nope not yet.

[@prettybrownbrown4843]

LLC

[@saywhatchristian]

Thanks! You helped me alot!

[@toslegal]

Glad I could help!

[@prissypolitics6606]

Yes! Thank you!

[@toslegal]

You are very welcome! Glad to know that this was valuable.

[@joshthomas_1696]

Thank you so much for this video! Do you have any business strategy content? I want to start a business but I have no idea where to start.

[@Demonbaby680]

Pure queen status 😊

[@BrittneyChristina]

This was VERY helpful, thank you! It also posed a new question I have. So, when trying to trademark, there is the option 1B(intent to use). When getting your LLC, does that mean your business must already be up and running?? Also, if my trademark goes through and LLC goes through in the state of Georgia, does that mean you have to start the process again if you move to another state?

[@xoxoshawanda3129]

Great video! So say for instance all I want to sell is a tshirt with my slogan . At this point all I care about is protecting my slogan (phrase). What route should I go? And would an intent to use stop someone from stealing it when I start selling them while waiting on full registration?

[@cmolegacies5736]

111 in the comments ✨💫 Temi thank you i went to University of Houston to study pre-law but unfortunately let finances get in the way of pursuing law school so kudos to you! I just found your page and this is helping me learn how to start my LCC for business on various topics. Another business in music with my Music Social Media name that I want to make sure stays mine. So can I open an LLC called “whatever production” then do I open up another one under it called “my social media musician name”? Also I’m writing this half way through the video I will edit soon 😅 thank you so much!

[@Drippymenace]

Hi, what if I am working from home and want to secure my business name and logo, what should I do first? 🙏🏼

[@danielacisneros5032]

So I been planing on creating my own business. I came up with a name had logos made made thank you cards etc with the name today I found out someone has the same name except there’s says boutique and mine says co. I haven’t started to sell and she just change her name 2 days ago. Can I still trademark or too late since she already put it out there first?

[@godivanubian995]

I have an intent to use trademark application pending and plan to switch to an "In Use" trademark application. How many sales do I need to satisfy the requirements to successfully obtain the trademark

[@toslegal]

This is a great question!!! So technically, you can't switch the application to an in-use application. You just submit your "specimen" and pay the additional fee. Now there isn't any specified number of sales that you need to become in commerce. It's more of a make sure you've launched type thing. My video about trademark specimen might be able to help you with this next step. Here's the link (kzbin.info/www/bejne/oHe6l2WHe56SbJIsi=_qJrLONZu2eIbPrb) and good luck!

[@godivanubian995]

@@toslegal Thank You 😊

[@deebus4047]

what if i have the same name as someone but had no idea and mine is spelled completely different?

[@toslegal]

Good question. You'll have to speak with a legal professional because the standard for infringement is likelihood of confusion. Even if two names are spelled differently, if they can be confused, there might be a problem. It really depends on the specific facts in your situation.

[@Allisbritt]

Awesome job at explaining this..I need to hire you..lol

[@toslegal]

Thank you for the feedback. 😊 I'm so glad to know that this was helpful!!!

[@Allisbritt]

@@toslegal I will be calling your office in the A.m.

[@beastmodeentertainment260]

What if I Started my trademark but now I want to get an LLC but was told that the name is already taken as anLLC what do I do now ?

[@sonyag.coaching]

Thank you for the information. Does the LLC have to have the same name as trademark.

[@toslegal]

Great question! Not necessarily! By the way, I'm hosting a webinar about LLCs and Trademarks. You might be interested in it. Feel free to check it out www.toslegal.com/startrightworkshop.

[@danyolsun4120]

So which holds more weight. Using it first ( unregistered) or registering it first?

[@toslegal]

Good question, but it depends. It's about the evidence of stronger rights and judges look at the totality of the circumstances. Questions like what type of registration was completed, or how widespread was the use may be asked. It's requires a detailed analysis.

[@recetasdecocinaymas]

Do I need an LLC if all I'm going to be doing is creating KZbin vodeos or will the trademark just work fine??? Thnx

[@toslegal]

Great question, but it depends on your unique facts. You'll want to speak with a lawyer about what risks your business is facing to decide what the right strategy is for you.

[@NOLA_Apparel504]

good info, thank!

[@toslegal]

I'm so glad it was helpful!

[@AP-lw4rw]

Thank you so much for the content! Question: if I have an unregistered name for the LLC And I see that someone is already using that name, do I change the name of my LLC?

[@brainz51]

Thank you

[@shediffers]

Hey love I got a question...can you trademark ™️ a product or can your product be protected under your trade mark or should I go for a patent ?

[@toslegal]

Great question. It depends. Trademarks are usually for things that help you stand out in business. I always think of it as the things that develop your brand. Patents on the other hand are for creations or inventions and can be very technical. An attorney can help you distinguish what you would need and only some attorneys can actually help you file patents. They have special licenses because of the technical details involved with the process. Hope this helps.

[@zaayhunty781]

So it’s best to get your name trade market first then get the llc for legal purposes ?

[@myviews469]

How are you? Have question, Lets say you came across a product that works for something other than its intended use. And you wanted to brand it and advertise it for this other purpose. Can you do this?

[@GrindaGangtv]

Are u a entertainment lawyer

[@mistamvptv]

I got a logo/design I created for fashion, music/entertainment it also represents me/everybody but 1st I want to put it on clothing. I know it's 3 ways of going about it but I would rather the trademark because of the benefits from it, etc. Even though I'm just starting off, I just need to know the cost of getting the logo trademarked and can I get the logo/design trademarked? That's what I need help with a the moment.

[@nightlifenursing]

Hi are you a active attorney?

[@toslegal]

Hi C Will! I am an actively licensed attorney in Texas. I can help people register trademarks all over the country but my LLC creation work is limited to people who live in Texas or are forming a business in Texas. Feel free to call my office at 713-300-9204 or visit us online at www.toslegal.com.

[@SOULarLioness]

This was so wonderfully informative! But now I'm even MORE STRESSED!

[@toslegal]

Don't be stressed! Now that you know, strategize. Take it one step at a time.

[@deenacurls]

Can I make a llc but not start operating the business yet to secure the trademark ? Or make a website using the name or does using it in social media in the public work too, then trademark it? I'm still in the very beginning stages and I'm worried about...

[@toslegal]

Great question. Unfortunately, starting the LLC does not secure your trademark rights. It can serve as proof of use, but it by itself is insufficient. You may want to connect with an experienced business or trademark attorney and explore submitting an intent to use trademark application. Hope this helps.

[@nikkib5467]

@@toslegal Just a quick question related to this. I filed an intent to use trademark app, but also set my LLC for an effective date a few months in the future. Is my 1B TM app void since I used my LLC as owner and it wasn't effective when I applied in its name? Thank you.

[@GhettoGoogleJo]

Thank you so much. Which website is good to do a trade mark ? I'm from New York and I have a clothing brand I'm curious on which website I can do this at? Please somebody respond. Thank u

[@rapcemetaryMrg5]

What are your thought on having more than one LLC?

[@toslegal]

I'm definitely in favor of it for a few reasons. The first reason is risk allocation. It helps you separate the risk of different businesses. Another reason is asset protection. Strategically using LLCs can help you protect your stuff. Finally, in some cases LLCs can be really powerful tools to help you pass your stuff to your loved ones if you pass away. All that being said, I've seen folks go overboard. Use them to separate businesses, seek legal and tax advice, and don't unnecessarily complicate things for yourself.

[@RB-takji]

What if I already registered for the trademark as a sole proprietor and was approved but months later I wanted to register for LLC. Do I contact the trademark office and change this?

[@toslegal]

That's a complex situation. This is not formal advice because every situation is unique but here's some information to consider. Essentially, you as a person own the trademark, but your business does not. You will probably need to speak with an attorney about formally and legally giving your trademark to the business. However, someone in your local jurisdiction will be able to tell you whether or not that will impact your ability to register the business. In Texas, it probably would not.

[@FlygirlJesi]

@@toslegal I've heard advice from another atty on KZbin that if you TradeMark your name before you get an LLC that you can apply for a TM as the applicant/owner. Then once the TM is approved you simply transfer ownership to your LLC as owner. Don't know if this is correct info as I've not followed up with a TM attorney personally yet.

[@dvdgantt1]

Ok from my understanding a LLC goes first to have a business structure or body; thereafter, get a Trademark... Thank you I learned something new 🙏🙏🙏

[@SMCKreations]

The issue I have is I used my business name and I just found out some just filed for the trade mark name in 2021. I have the domain, social media accounts and email address but they have the trade name now. Can I register the name under a different class and possibly get approved

[@inventitious1609]

Really good how do I get in touch need this service for my CBD business.

[@dswayne60]

So basically get both of them

[@Machenziethemodel]

What your in Houston. 🙌🏾

[@TheH75914]

If you filed for a trademark first, should the LLC have the same name as a trademark??

[@toslegal]

Not necessarily. It really depends and that's why speaking with an attorney is critical. They can help you assess whether your name constitutes a mark that distinguishes you in commerce. If it does, then they will probably tell you to trademark the name, but you may have unique factors that also need to be considered.