Question about copyright/LLC rights

We have a pretty good range of knowledgable people on here, so I figured it's worth a shot.

If you register an LLC with fairly generic terms like:

SUPREME GENIUS LLC

can you keep the rights to it forever if you dont do anything with it?

Could someone else legally register that same name as a "R" or "TM"?

Thanks.

Thats a good question. Im aware that you to have renew certain licenses and if you dont do that on time its open game. I would assume trademark names as long as they have an active use of name last forever? Patents eventually run out. Copy rights i think are the same as trademarks in terms of use. If someone else started using either they woiod have to prove they are no longer monetarily in use.

I could absolutely be incorrect

Trust - 

If you register an LLC then no one else can use that name in the same state in which it is registered.  


Corporate entities are state creations.  There isn't a federal registry of corporations.  


Trademark is separate.  You can register a corporate entity using a name, and someone else can use that same name as a trademark.  


Two different companies can use the same trademark, like Delta airlines and Delta faucets. 


Trademarks are associated with a particular of goods/services and often completely different from the name of the company that makes the product and owns the trademark.  


Some companies do use their corporate name as a trademark.  


If you want to protect the name as a trademark, it's best to have it registered with the Federal gov. (US Patent & Trademark Office).  


However, just because a state let you register a name for a corporate entity doesn't mean you'll be able to register that same name as a trademark.   Befoire you apply to register a mark, it's a good idea to have a search done.  The Trademark office will refuse to register marks that a similar to existing registered marks.  So even though your mark may be literally different (different spelling, additional words) if the trademark examiner thinks another registered mark could be confused by the public as being the same, they will disallow the application.  


The "R" and "TM" are legally different.  The circled R means it is registered.  You are not allowed to use that if it is not registered.  "TM" can be used for non-registered marks to put people on notice that you are using it as a trademark, but the mark is not registered.  This gets a little confusing because there are common law rights to marks that are not registered. 


+1

Thanks for the knowledge drop.

Trust - 

If you register an LLC then no one else can use that name in the same state in which it is registered.  


Corporate entities are state creations.  There isn't a federal registry of corporations.  


Trademark is separate.  You can register a corporate entity using a name, and someone else can use that same name as a trademark.  


Two different companies can use the same trademark, like Delta airlines and Delta faucets. 


Trademarks are associated with a particular of goods/services and often completely different from the name of the company that makes the product and owns the trademark.  


Some companies do use their corporate name as a trademark.  


If you want to protect the name as a trademark, it's best to have it registered with the Federal gov. (US Patent & Trademark Office).  


However, just because a state let you register a name for a corporate entity doesn't mean you'll be able to register that same name as a trademark.   Befoire you apply to register a mark, it's a good idea to have a search done.  The Trademark office will refuse to register marks that a similar to existing registered marks.  So even though your mark may be literally different (different spelling, additional words) if the trademark examiner thinks another registered mark could be confused by the public as being the same, they will disallow the application.  


The "R" and "TM" are legally different.  The circled R means it is registered.  You are not allowed to use that if it is not registered.  "TM" can be used for non-registered marks to put people on notice that you are using it as a trademark, but the mark is not registered.  This gets a little confusing because there are common law rights to marks that are not registered. 


Thanks so much. Since thirdleg left, I legit consider you the best poster on the OG. No BS.


Last question:


If someone wanted to protect their shit(the fictitious SUPREME GENIUS brand) so nobody could use it for anything else, would they need to:


pay for SUPREME GENIUS LLC


pay for SUPREME GENIUS TM


pay for SUPREME GENIUS R


would that be neccesary, overkill, not enough???


Thanks, Trust.

1 Like

very appreciated