Trademark vs. Your Business Name: What You Must Know
Forming an LLC does not mean you own your business name as a trademark, and that confusion costs founders their brand every year. Here’s the real difference between business name registration and trademark protection.
Trademark attorney Jessica Eaves Mathews breaks down why state entity filings and federal trademark rights are completely separate systems, walks through a real scenario of a founder who lost her brand name after five years of use, and explains the use in commerce standard that determines who actually has priority rights nationwide. She also covers what federal registration gets you beyond legal protection, including turning your brand into a transferable business asset.
Covered in this video:
- Why LLC formation does not give you trademark rights
- What a trademark actually protects, from names to sounds and colors
- Common law trademark versus federal registration
- Real scenario: losing a 5 year old brand to a federal filer
- The use in commerce standard and priority rights
- Five benefits of federal trademark registration
- Why trademark clearance searches matter before you brand


