# Llc and copyright question



## fresh5 (Dec 9, 2008)

I search the forums and was surprise no one had ask this question before.

What if my compay name (Richard Fashions) will be different from my clothes line name "FRESH5"(in a particular font style).
Can I just register my company as "Richard Fashions LLC"? And copy right the clothing line name "FRESH5".

Would this work as FRESH5 would be copyrighted to Richard Fashion LLC, although FRESH5 is what would appear on the clothing tags, neck, designs, etc?


----------



## Solmu (Aug 15, 2005)

You trademark a name rather than copyright it, but yes, you can have a different trade name under your legal company name.


----------



## lindsayanng (Oct 3, 2008)

You should also file a DBA (doing business as) if you plan on putting that brand name on more than JUST your shirts..

For instance if you want your brand name instead of your business name to be on all marketing stuff, wholesale purchases.. Basically ANYTHING other than the shirts themselves


----------



## fresh5 (Dec 9, 2008)

Thanks all.


----------



## 98zman (Mar 1, 2009)

Do you trademark the company name and then just register the brand name? Or do both get trademarked?


----------



## Solmu (Aug 15, 2005)

98zman said:


> Do you trademark the company name and then just register the brand name?


Other way around.



98zman said:


> Or do both get trademarked?


Depends whether your company name is a legal convenience, or something you want to protect.


----------



## lindsayanng (Oct 3, 2008)

when you register a business name, all you are really doing is stopping another business with the same name from being created in the same state that you live in.. You will want to eventually register your BRAND and LOGO when you get there, but you dont HAVE to do it right away because if someone DID steal it, you can go and prove that you had it first and that it was a direct ripoff


----------



## Bades (Feb 13, 2009)

What about this...

(an example, not my actual company name)

Company Name: Apple Tree Nation LLC.

Brand Name: Apple Tree

Since the brand name is part of the company name would I still have to trademark the brand name?

I was under the impression once you register your business as a certain name that your brand would be protected too. (as long as the brand reflects the companies name?)

Or does company name have nothing to do with the name of the brand in a legal sense?


----------



## Bades (Feb 13, 2009)

lindsayanng said:


> but you dont HAVE to do it right away because if someone DID steal it, you can go and prove that you had it first and that it was a direct ripoff


Confused here...If you don't do it right away, and you can still prove it it's your brand/logo, then why would you ever need to register it?


----------



## lindsayanng (Oct 3, 2008)

you dont NEED to register.. thats why most companies don't register until they have the extra money to throw around.. registering is usually to stop EVERONE from even using your name or logo.. Like the "You're Fired" Donald trump didnt TM it because he wanted to name a company that.. he did it so that people couldn't use the sentence to make money without first paying him for it.


----------



## 98zman (Mar 1, 2009)

ahh im starting to understand lol. Now i know exactly whats up with a trademark of the brand name and how to get one. Where do I actually register a company name? Also do I have to pay the trademark price x3 if im trademarking brand, logo, and say a slogan? Sorry for all the torturous questions you guys are just so helpful.


----------



## lindsayanng (Oct 3, 2008)

yes.. if you are trademarking three different things, they are three separate transactions.. 

As far as registering the business, you have to start your business officially with the STATE and FEDERAL GOVERNMENT. 

For federal you need to apply for an FEIN.. then you go to the state and apply for a State Sales and Use Tax (or resale tax permit) you need to apply for Articles of Organization and Reservation of Name. Those three documents will be what makes you an official company AND reserves your company name. 

What state are you in?


----------



## Comin'OutSwingin (Oct 28, 2005)

98zman said:


> Also do I have to pay the trademark price x3 if im trademarking brand, logo, and say a slogan?





lindsayanng said:


> yes.. if you are trademarking three different things, they are three separate transactions..


This isn't entirely correct.

Because a trademark _can_ be a combination of words *and* symbols (designed logo), then you _can_ trademark your name and logo simultaneously, and it be one transaction. 



98zman said:


> Also do I have to pay the trademark price x3 if im trademarking brand, logo, *and say a slogan*?


More than likely, the only way you're going to be able to trademark a slogan is if the slogan *is* your brand, in which case what I stated previously still stands. Your logo and name along with your slogan would be able to be trademarked as 1 transaction.

Otherwise, if you just want to trademark a slogan that isn't your brand name, you're going to have a hard time doing that. And if you were able to get it accomplished, then that would be a separate transaction.


----------



## lindsayanng (Oct 3, 2008)

when you trademark your name and logo simultaeously, you are trademarking the logo more so than the name.. so from what i know, you COULD use the logo without the name and the name wthout the logo. 



> Otherwise, if you just want to trademark a slogan that isn't your brand name, you're going to have a hard time doing that.


The only time it would be difficult is if the slogan is already use/trademarked.. but its not THAT hard.. the thing to ask yourself is, do you REALLY need to trademark your slogan? Is it THAT great? is it THAT unique?? 

We actually did trademark a slogan for the photography business (well, in the process of) but we didn't trademark our brand name..


----------



## Comin'OutSwingin (Oct 28, 2005)

lindsayanng said:


> when you trademark your name and logo simultaeously, you are trademarking the logo more so than the name.. so from what i know, you COULD use the logo without the name and the name wthout the logo.


Actually, they are given the same weight, which is why you would do them both together. They both become trademarked, and neither more so than the other.




lindsayanng said:


> The only time it would be difficult is if the slogan is already use/trademarked.. but its not THAT hard.. the thing to ask yourself is, do you REALLY need to trademark your slogan? Is it THAT great? is it THAT unique??
> 
> We actually did trademark a slogan for the photography business (well, in the process of) but we didn't trademark our brand name..


It's also difficult if you can't show that the phrase/slogan that you want to trademark isn't part of your brand.

You can't (successfully) trademark a phrase that isn't in use just because you want to trademark it. You have to show that it's part of what your brand is. Otherwise the application will probably be denied, and you won't get it registered.


----------



## 98zman (Mar 1, 2009)

well as of now im meeting with a trademark lawyer tomorrow so I will ask her all of these questions as well hopefully I wont have to pay multiple fees for the trademarks.


----------



## Solmu (Aug 15, 2005)

Good luck, let us know how it goes.


----------



## 98zman (Mar 1, 2009)

btw lindsay im in NYS


----------



## lindsayanng (Oct 3, 2008)

oh.. well, i know ALL of the laws in NYS.


Here is EVERYTHING you need to know about starting a business in New York State

Start or buy a business


----------



## 98zman (Mar 1, 2009)

Well I saw the attorney. She did say it would be extra fees if I wanted to trademark a logo as well as a phrase. Seems pretty expensive all in all but you gotta take a hit in order to start off.


----------

