I'm about to file Articles of Organization for my small business in Ohio. I've picked a name I like, but a friend mentioned I should check trademarks first. Is that really necessary? I thought registering the LLC was enough. Any advice would be appreciated.
LLC Formation
Should I check trademarks before filing Articles of Organization?
Yes, you should. LLC registration and trademark are different things. The state won't check trademarks when you file. If someone else has a trademark, they could send you a cease ane desist later. Better to check now.
I'd second that. I run a small bakery and didn't check trademarks initially. Turned out a similar name existed in another state. It wasn't a huge legal battle, but I ended up rebranding which was costly. Definitely worth a quick search on TESS.
Friend is right. Filing articles only gives you rights to the name within your state for LLC purposes. Trademarks are federal. If you plan to operate acrss state lines or online, you really need to check.
Thanks. I didn't realize they were separate. So should I search the USPTO database before filing the articles? Or is it something I can do after?
You can do it after, but why wait? If you find a conflict, you can pick a different name before you file, saving you the hasspe of amending your articles. The USPTO search is free and pretty straightforward.
Just a quick search on the USPTO website should be enough to start. But keep in mind that trademarks can be unregistered too (common law), so it's not a guarantee. Still, checking the federal database is a good first step.
Also, consider hiring a trademark attorney if you're serious. I didn't, but in hindsight, a professional search could have saved me the rebranding.
I appreciate all the input. I'll do a quick search before filing. I'm not sure about hiring an attorney yet, but maybe if the name is clear I'll proceed.
Sounds like a plan. Just remember that if you plan to expand, federal trademark registration might be worth it later. But for now, checking is smart
Search first. Not the end of the world if you miss something, but it's a small step that can prevent bigger headaches.