Debunking Three Common Trademark Myths and Understanding the Benefits of Trademarking 

For any entrepreneur looking to protect their brand name or logo, three common trademark myths must be debunked. Along with clearing up these misconceptions, I offer a few tips when navigating the trademark process.

Myth #1: An LLC Will Protect a Trademark Name

One of the biggest misconceptions is the belief that forming a Limited Liability Company (“LLC”) will automatically protect a business name or logo. In reality, trademark registration provides legal protection for a brand’s identity. While forming an LLC has its benefits, such as limited liability, it does not protect a business name from being used by others. 

Trademark registration ensures exclusive rights to a name or logo in a specific category of goods or services. This means that if someone else tries to use the registered trademark in the same category they could be held liable for infringement. The ultimate purpose of trademark law is to protect consumers from confusion or deception in the marketplace, ensuring that they can trust the source of the goods or services they are purchasing. 

Myth #2: A Trademark Protects Your Brand in All Categories

Another common misunderstanding is the belief that once a trademark is registered, the trademark automatically covers all categories of goods and services. This is not true. When registering a trademark, it is necessary to specify the particular category or class of goods or services for which the trademark will be protected. 

If one desires to extend their trademark protection to multiple categories, they may choose to do so. However, it will increase the cost of the application. Moreover, even if your trademark is registered in one category, someone can use the same trademark in a completely different category without infringing on the use of the trademark, so long as there is no likelihood of confusion between the two uses. 

Myth #3: You Can Register a Trademark Without Using It

The final and (I believe) the most important myth to debunk is the idea that one can simply register a trademark without putting it to use. Under U.S. trademark law, 15 U.S.C. §1051(a)^[1], a trademark must be used in commerce. This means one must demonstrate that their trademark is actively being used in connection with the sale of goods or services, not just reserved for future use. 15 U.S.C. §1127 ^[2]. 

A famous example is the TikTok user Jools Lebron, who went viral for the catchphrase “VERY DEMURE VERY MINDFUL” while encouraging many to be modest and respectful in a professional setting. This started an entire trend, to the extent celebrities were using the phrase. I too found the phrase very catchy and quite humorous. Although the user’s phrase gained popularity another individual, Jefferson Bates, applied to register the same phrase for advertising services. However, the determining factor will likely turn on who can prove they used the trademark in commerce first. Since the phrase has begun to be associated with the TikTok user by the public, Lebron’s legal team could likely gain success in securing the rights to the mark. 

In simplistic terms, a trademark must be used, not just registered. Otherwise, one risks losing the rights to someone else who actively uses the mark in commerce.

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^[1] 15 U.S.C. §1051(a)

^[2] 15 U.S.C. §1127