Should You Include Your Business Designation In Your Trademark Name?

Should you include your business entity designation in your trademark file?

What do I mean by that? I'm talking about the Inc., LLC, Corp., or anything you have behind your actual business name. Now, first off, can you trademark your business name? You should definitely read my blog on that.

If you have determined that your business name is eligible for trademark protection, you have to next determine if you want to include those designations. Here's the fun fact, you don't have to!

I get this question a lot because people think in order to protect my LLC name, I have to have the LLC in it. No, you do not! Most of the time when you're acting in commerce, you're not acting with that LLC at the end, you're acting just with the brand name that comes before the designation.

For instance, here at Upscale Law, we're a limited liability company so our legal name is Upscale Law, LLC. These are public records you can find in your Division of Corporations or your Secretary of State, or in any state you can find the business name. Now, what did I trademark?

“Most of the time when you’re acting in commerce, you’re not acting with that LLC at the end, you’re acting just with the brand name that comes before the designation.”

I trademarked for registration with the United States Patent and Trademark Office (USPTO) “Upscale Law”. I dropped the LLC. Why? Because when you go to my website, you go to buy from me, work with me–remember, I'm selling a service of trademark legal services– so I’m using it in commerce, I'm not using the LLC. I’m just using Upscale Law. That's my brand.

So do you need the LLC, the Inc., the Corp? No, you do not.

You need to work for trademark protection and the brand name you're using. Nine times out of ten there's no Inc., there's no Corp, there's no LLC in that brand name. Yes, that should be under contracts, that should be in your terms and conditions, on your website and you should certainly designate that you are in fact a business entity. For brand protection, that actual registered trademark, you do not need to designate your entity because typically that is not how you are using it in commerce.

Let me know if you have any questions! If you’d like to chat about our services, feel free to reach out!