Web Hosting Talk : Web Hosting Main Forums : Running a Web Hosting Business : Business Question

[mantra]

Let's say I get an LLC for my business

Let's call it MantraHost LLC

Let's say I get a domain name called MantraGraphics.
Can I say MantraGraphics, MantraGraphics.com copyright of MantraHost LLC

Can someone copyright/trademark MantraGraphics, since I don't LLC on it?

Thanks

[Deb]

Yes you can, and yes they could

We incorporated under our name and put a legal US Trademark mark on it, this gives us a bit more protection but doesn't stop someone else from using the name or even incorporating it in another state, or really even stop them from trademarking something very similar to it with the USTPO. What it does do however is give us the rights to stop them if we choose to argue it, but even then that will require a court case etc...

[VH-Robert]

You could also do a Doing Business As, DBA.

[mantra]

What I mean is that if we have an LLC on MantraHost, it means no one can register that name or even mantrahost.com, but what if I want to create smaller businesses to use under the MantraHost LLC name?, can i do so?

[zubuz]

Originally posted by mantra
Let's say I get a domain name called MantraGraphics.
Can I say MantraGraphics, MantraGraphics.com copyright of MantraHost LLC

What you actually mean to say is, "MantraGraphics and MantraGraphics.com are trademarks and service marks of MantraHost LLC." You should also use the trademark or service mark symbol, ™ or SM (in superscript) next to the mark.

Originally posted by mantra

Can someone copyright/trademark MantraGraphics, since I don't LLC on it?

Thanks [/B]

The LLC is really not all that relevant to whether or not you have trademark rights in the mark. You can adopt MantraGraphics as your trademark/service mark and, assuming that no one else is using it or has a registration for it, you will begin to accrue rights in that mark. However, those rights will only extend to the goods and services you provide under that mark, and they will only extend to the geographical areas in which you are actually doing business, unless you obtain a federal registration for the mark.

This is a complex legal question and you would do well to consult with an intellectual property attorney for advice about your specific situation.

[Tina J]

You should talk to your attorney about this. Getting legal advice online is NEVER a good idea.

[iWeb David]

As a general rule to remember, just about anybody can trademark just about anything.

It's not, however, for a lack of incorporation. You need to actually trademark something to prevent others from using it (in theory, at least - in practice, courts let you sue McDonald's for having hot coffee!).

[UH-Matt]

Our registered company is "United Communications Limited" but we use UnitedHosting as a trading name, all perfectly legal. Our bank has an account for "UnitedHosting" aswell.